Local Rules of Court

 

RULE 21 - STATUTORY DEMANDS

(A) A person seeking an order of attachment against personal earnings or an order in aid of execution against personal earnings in an action shall comply with the provisions of Section 2716.02 of the Revised Code of Ohio. A failure to comply with this provision will render the proceedings voidable.

(B) Where the statutory demand is served personally, or by leaving it at the debtor's usual place of residence, proof of such service shall be made by the affidavit of the person serving same.

(C) When such demand is served, or attempted to be served, by registered or certified mail, proof of such service shall be made by the affidavit of the person sending the demand by registered or certified mail, and shall be accompanied by the signed registered or certified mail receipt, or proof of refusal of service, or by a photocopy thereof, or the certified mail envelope endorsed "unclaimed."

(D) A copy of the statutory demand made on defendant, together with proof by affidavit of service of the statutory demand, shall be filed with the affidavit.

(E) Failure to comply with the requirements of subdivision (D) hereof shall not render the proceeding void; but shall effect the taxing of the cost only. Said cost shall be assessed against the party failing to comply with this Rule.