Ohio Revised Code

Ohio Rev. Code § 2329.09 (2026)

Writ of execution

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The writ of execution against the property of a judgment debtor issuing from a court of record shall command the officer to whom it is directed to levy on the goods and chattels of the debtor. If no goods or chattels can be found, the officer shall levy on the lands and tenements of the debtor. If the court rendering the judgment or decree so orders, real estate may be sold under execution as follows: one third cash on the day of sale, one third in one year, one third in two years thereafter, with interest on deferred payments, to be secured by mortgage on the premises so sold. An execution on a judgment rendered against a partnership firm by its firm name shall operate only on the partnership property. The exact amount of the debt, damages, and costs, for which the judgment is entered, shall be indorsed on the execution.

Notes of Decisions
Cited in 20 cases, 1956–2019 · leading case: Farmers State Bank v. Sponaugle, 2017-Ohio-4322, 92 N.E.3d 355.
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Farmers State Bank v. Sponaugle, 2017-Ohio-4322, 92 N.E.3d 355. · cites it 8× “The Sponaugles assert that execution on a non-final judgment is contrary to Ohio Supreme Court and appellate case law, the Due Process and Equal Protection Clauses of the United States and Ohio Constitutions, and R.C. 2329.09 (allowing for the sale of personal and real property…”
Farmers State Bank v. Sponaugle (Slip Opinion), 2019-Ohio-2518, 157 Ohio St. 3d 151. · cites it 3× “{¶ 50} Here, the court of appeals determined that the confirmation order was issued in error on the basis that the sale did not comply with the terms of R.C. 2329.09. Sponaugle II, 2017-Ohio-4322 , 92 N.”
Castlebrook, Ltd. v. Dayton Props. Ltd. P'ship, 604 N.E.2d 808 (Ohio Ct. App. 2d Dist. 1992). · cites it 2× “DPLP cites R.C. 2329.09 for the proposition that a creditor may not pursue an individual partner to satisfy a partnership obligation until the creditor has established that there are insufficient partnership assets to satisfy the debt.”
Wilborn v. Bank One Corp., 906 N.E.2d 396 (Ohio 2009). “02 (public foreclosure proceedings); R.C. 2329.09 (writs of execution); R.C. 2329.”
Takacs v. Baldwin, 665 N.E.2d 736 (Ohio Ct. App. 6th Dist. 1995). “See R.C. 2329.09. Thereafter, in accordance with R.”
Myers v. Hadsell Chem. Processing, L.L.C., 2019-Ohio-2982. “" R.C. 2329.09. By contrast, replevin is a pre- judgment remedy for recovery of property.”
Smith v. Smith, 146 N.E.2d 454 (Ohio Ct. App. 8th Dist. 1957). “However, as to a multiple of due and unpaid installments, under the execution statute in this state (§2329.09 R. C.), such unpaid and delinquent installments must be added together and reduced to a lump-sum judgment before execution may issue thereon.”
Ohio Dep't of Taxation v. Plickert, 715 N.E.2d 239 (Ohio Ct. App. 11th Dist. 1998). “, execution upon the goods and chattels of the debtor, R.C. 2329.09 et seq., garnishment of wages, R.”
Tyler Refrigeration Equip. Co. v. Stonick, 444 N.E.2d 43 (Ohio Ct. App. 9th Dist. 1981). “Where, as here, there is no intention on the part of the legislature in the first paragraph of R.C. 2329.09 to make the docketing and indexing a condition to the existence of a lien, the filing alone is sufficient.”
Feinstein v. Rogers, 440 N.E.2d 1207 (Ohio Ct. App. 10th Dist. 1981). “(R.C. 2329.09.) Defendant-appellant’s argument that R.”
Wayne Smith Constr. Co. v. Wolman, Duberstein & Thompson, 65 Ohio St. 3d 383 (1992). · cites it 3× “That the partnership assets be the primary source for satisfaction of such a judgment has been specifically provided by R.C. 2329.09, which in pertinent part states: “An execution on a judgment rendered against a partnership firm by its firm name shall operate only on the…”
Chase Home Fin., L.L.C. v. Smith, 2014-Ohio-3767. · cites it 3× “” {¶10} Within this assignment, Smith alleges the following irregularities involving the sale of her property: (1) the confirmation order was improper because of the previously discussed issues with the foreclosure decree in violation of R.C. 2329.09;1 (2) the order of sale…”
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