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S. B. No. 368 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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A BILL
To amend section 2333.01 and to enact section
5747.124 of the Revised Code to enable a judgment
creditor landlord to obtain a court order
directing the Tax Commissioner to pay the judgment
debtor tenant's income tax refund to the landlord.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2333.01 be amended and section
5747.124 of the Revised Code be enacted to read as follows:
Sec. 2333.01. When a judgment debtor does not have
sufficient personal or
real property subject to levy on execution
to satisfy the judgment, any
equitable interest which he the
judgment debtor has in real
estate as mortgagor, mortgagee, or
otherwise, or any interest he the judgment debtor has in a
banking, turnpike, bridge, or other
joint-stock company, or in a
money contract, claim, or chose in action, due or
to become due to
him the judgment debtor, or in a judgment or
order, or money,
goods, or effects
which he the judgment debtor has in the
possession of any person
or body politic or corporate, or in money
due or that might become due to the judgment debtor under section
5747.11 of the Revised Code,
shall be subject to the payment of
the judgment by action.
Sec. 5747.124. A landlord who has obtained a judgment against
a current or former tenant for breach of a residential rental
agreement may bring an action against the state under section
2333.01 of the Revised Code to recover a refund due or that might
become due to the tenant under section 5747.11 of the Revised
Code. Such a suit shall be brought only in the court of common
pleas of Franklin county, which shall have jurisdiction. The
rights of the landlord to the refund are subordinate to the
state's right to apply the refund against the claims listed in
sections 5747.12, 5747.121, 5747.122, and 5747.123 of the Revised
Code.
An order directing the tax commissioner to pay all or part of
a tenant's refund to the landlord shall be a continuing order and
remains effective until the earlier of four years after the date
of the order or the date the judgment is satisfied. If an order
has been issued and is effective, within three days after the
judgment has been satisfied the landlord shall file a satisfaction
of judgment with the clerk of courts and serve a time-stamped copy
of the satisfaction of judgment upon the commissioner by certified
mail.
As used in this section, "landlord" and "tenant" have the
same meanings as in section 5321.01 of the Revised Code.
Section 2. That existing section 2333.01 of the Revised Code
is hereby repealed.
Section 3. That the amendment or enactment by this act of
sections 2333.01 and 5747.124 of the Revised Code applies to
refunds issued on or after January 1, 2009.
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