Ohio Foreign Judgment Enrollment
Ohio Revised Code
TITLE [23] XXIII COURTS -- COMMON PLEAS
CHAPTER 2329: EXECUTION AGAINST PROPERTY
As used in sections 2329.021 [2329.02.1] to 2329.027 [2329.02.7]
of the Revised Code, "foreign judgment" means any judgment, decree, or
order of a court of the United States, or of any court of another state,
that is entitled to full faith and credit in this state.
Filing of authenticated copy of foreign judgment; effect.
A copy of any foreign judgment authenticated in accordance with
section 1738 of Title 28 of the United States Code, 62 Stat. 947 (1948),
may be filed with the clerk of any court of common pleas. The clerk shall
treat the foreign judgment in the same manner as a judgment of a court
of common pleas. A foreign judgment filed pursuant to this section has
the same effect and is subject to the same procedures, defenses, and proceedings
for reopening, vacating, or staying as a judgment of a court of common
pleas and may be enforced or satisfied in the same manner as a judgment of
a court of common pleas. [§ 2329.02.2] § 2329.022
Filing of affidavit and praecipe; notice to debtor.
(A) When a foreign judgment is filed pursuant to section
2329.022 [2329.02.2] of the Revised Code, the judgment creditor or his
attorney shall make and file with the clerk of the court in which the foreign
judgment is filed an affidavit setting forth the name and last known address
of the judgment debtor and of the judgment creditor.
(B) Upon the filing of a foreign judgment pursuant to section 2329.022
[2329.02.2] of the Revised Code and the affidavit pursuant to division
(A) of this section, the judgment creditor or his attorney shall file with
the clerk of the court a praecipe instructing the clerk to issue a notice
of the filing of the foreign judgment to the judgment debtor at the address
given in the affidavit. The clerk shall enter a note of the mailing in
the docket. The notice shall include the name and address of the judgment
creditor, and of the judgment creditor's attorney, if any, in this state.
In addition, the judgment creditor may mail a notice of the filing of the
foreign judgment to the judgment debtor and may file proof of mailing with
the clerk. The failure of the clerk to mail to the judgment debtor notice
of the filing of the foreign judgment does not affect the enforcement proceedings
with respect to the foreign judgment, if the judgment creditor has filed
proof that he mailed a notice of the filing to the judgment debtor.
(C) No execution or other process for enforcement of a foreign judgment
that is filed pursuant to section 2329.022 [2329.02.2] of the Revised Code
shall issue until thirty days after the date the foreign judgment is filed
pursuant to that section. [§ 2329.02.3] § 2329.023
Stay of enforcement.
(A) If the judgment debtor shows the court of common pleas
that an appeal is pending or will be taken from a foreign judgment that
is filed pursuant to section 2329.022 [2329.02.2] of the Revised Code,
or that a stay of execution of the foreign judgment has been granted and
if proof is given to the court that the judgment debtor has furnished the
security for the satisfaction of the foreign judgment that is required
by the jurisdiction in which the foreign judgment was rendered, the court
shall stay enforcement of the foreign judgment until the appeal is concluded,
the time for appeal expires, or the stay of execution expires or is vacated.
(B) If the judgment debtor shows the court of common pleas any ground
upon which enforcement of a judgment of a court of common pleas would be
stayed, the court shall, upon requiring the same security for satisfaction
of the judgment that is required in this state, stay enforcement of a foreign
judgment that is filed pursuant to section 2329.022 [2329.02.2] of the
Revised Code for an appropriate period. [§ 2329.02.4] §
2329.024
Fees.
Any person who files a foreign judgment pursuant to section 2329.022
[2329.02.2] of the Revised Code shall pay a filing fee of fifteen dollars.
Fees for docketing, transcription, or other enforcement proceedings shall
be as provided in section 2303.20 of the Revised Code. [§ 2329.02.5]
§ 2329.025
Other rights not affected.
Sections 2329.021 [2329.02.1] to 2329.027 [2329.02.7] of the Revised
Code do not affect the right of a judgment creditor to bring an action
to enforce a foreign judgment rather than to enforce the judgment pursuant
to those sections. [§ 2329.02.6] § 2329.026
Construction of provisions.
Sections 2329.021 [2329.02.1] to 2329.027 [2329.02.7] of the Revised
Code shall be construed to effectuate the general purpose to make uniform
the law of those states that enact a uniform enforcement of foreign judgments
act. [§ 2329.02.7] § 2329.027