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Ohio Revised Code

Ohio Rev. Code § 2949.15 (2026)

Writ of execution to pay the costs of prosecution

✓ current as of May 2026

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Effective:

July 1, 1983

Latest Legislation:

House Bill 291 - 115th General Assembly

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If a nonindigent person convicted of a felony fails to pay the costs of prosecution pursuant to section 2949.14 of the Revised Code, the clerk of the court of common pleas shall forthwith issue to the sheriff of the county in which the indictment was found, and to the sheriff of any other county in which the person has property, executions against his property for fines and the costs of prosecution, which shall be served and returned within ten days, with the proceedings of such sheriff or the certification that there is no property upon which to levy, indorse thereon.

When a levy is made upon property under such execution, a writ shall forthwith be issued by the clerk for the sale thereof, and such sheriff shall sell the property and make return thereof, and after paying the costs of conviction, execution, and sale, pay the balance to the person authorized to receive it.

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 1964–2025 · leading case: State v. Stewart, 2024 Ohio 2831 (Ohio Ct. App. 2024).

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State v. Stewart, 2024 Ohio 2831 (Ohio Ct. App. 2024). · cites it 6× “{¶ 14} R.C. 2949.15 governs writs of execution to pay the costs of prosecution and sets forth the procedure for the clerk of courts to execute a forfeiture of an offender’s property to pay such costs.”

State v. Tilley, 2018 Ohio 2922 (Ohio Ct. App. 2018). “” R.C. 2949.15. {¶27} The clerk’s November 2016 writ did not state which costs it was seeking to collect—those from the original prosecution resulting in the sentencing entry in July 2016, the community-control-revocation case that concluded on the same day the writ was issued,…”

State ex rel. Clifford v. Cloud, 218 N.E.2d 605 (Ohio 1966). · cites it 2× “See Section 2949.15, Revised Code. In our opinion, the General Assembly accomplished both the purpose for which the respondent contends, as well as that for which the relators contend, and each purpose is entirely consistent with the other.”

State v. Snodgrass, 2025 Ohio 5550 (Ohio Ct. App. 2025). · cites it 5× “{¶ 12} In contrast, the statute relevant to this case, R.C. 2949.15, supplies a procedural mechanism to recover the fines and the costs of prosecution ordered in a criminal case.”

State v. Leonard, 2018 Ohio 374 (Ohio Ct. App. 2018). · cites it 2× “] R.C. 2949.15 {¶5} The Eleventh District held a defendant's failure to file the statutory indigency affidavit precluded the trial court from finding him indigent for purposes of sentencing, reasoning: -2- Ohio law does not prohibit a judge from including court costs as part of…”

Witherspoon v. Belt, 177 Ohio St. (N.S.) 1 (Ohio 1964). · cites it 4× “18, Revised Code, which reads as follows: “When the Clerk of the Court of Common Pleas certifies on a cost bill that execution was issued under Section 2949.15 of the Revised Code, and returned by the sheriff ‘no goods, chattels, lands, or tenements found whereon to levy, ’ the…”

State ex rel. Byerly v. Frary, 2011 Ohio 197 (Ohio Ct. App. 2011). “14 and R.C. 2949.15 the applicable statutes governing inmate accounts.”

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