Current through all regulations passed and filed through September 16, 2024
(A) This rule describes the process that a
child support enforcement agency (CSEA) shall use when it decides to execute on
a lien on personal or real property of an obligor that has been asserted by the
CSEA in accordance with rule
5101:12-55-20 of the
Administrative Code.
(B) For
purposes of this rule, "execution" means a process issued by a court which
directs the sheriff of a county to sell either real or personal property owned
by a particular obligor upon which a CSEA has placed a lien. Execution on liens
shall be done in accordance with Chapter 2329. of the Revised Code.
(C) Because an execution is a complex and
expensive procedure involving advertising and publication costs, court fees,
filing fees, auctioneer's fees, possible storage fees, bonds, title transfer
costs, appraisal costs, title search fees, and service of process, the CSEA
should carefully consider each of the following factors before making a
decision to execute on a lien:
(1) The
existence of prior liens or secured creditors. Prior liens and security
interests can be determined by checking title record and other public
records;
(2) The obligor's right to
claim an exemption in the property to be seized and the amount of the exemption
allowable in accordance with section
2329.66 of the Revised
Code;
(3) Whether there are
co-owners of the property who may have an interest in the property;
(4) The value of the obligor's equity
interest in the property relative to the value of any mortgages, loans, other
liens, or encumbrances which may be attached to the property;
(5) The estimated current market value and
potential sale price of the property relative to the obligor's equity interest
in that property;
(6) The storage
cost of the property, if any, and the speed with which it must be sold to
minimize the cost and not jeopardize the property;
(7) The execution notice and sale
costs;
(8) Whether the estimated
sale proceeds will produce a significant payment on the arrears;
(9) The need for immediate execution if
bankruptcy is a strong possibility; and
(10) The position the obligor will be in
after the property is sold and whether the seizure of the property will
decrease the obligor's ability to earn a living or result in long term
indigence.
(D) Execution
of a lien.
(1) To execute on a lien, the CSEA
shall file a complaint in the appropriate court of the county where the
property is located in accordance with section
3123.74 of the Revised Code. The
complaint shall be filed:
(a) In the court in
the county where the support order was issued if the property is located in
that county; or
(b) In the court of
common pleas in the county where the property is located if the support order
was issued in a state other than Ohio or if the child support order was issued
by a county other than the one in which the property is located.
(2) The complaint shall contain
all of the following in accordance with the requirements of section
3123.74 of the Revised Code:
(a) A statement that the CSEA has obtained a
lien on real and personal property of the obligor that is located in the
county;
(b) A statement that the
CSEA is entitled to have the property sold and have the proceeds of the sale
applied to the child support arrearage in the case; and
(c) A request that the court issue an order
for the property to be sold by an execution sale in accordance with Chapter
2329. of the Revised Code.
(3) On receipt of a complaint, the court will
conduct a hearing to determine whether the court has jurisdiction and whether
the CSEA has obtained a lien pursuant to section
3123.74 of the Revised
Code.
(4) The court will issue an
order requiring the property to be sold by execution sale in accordance with
Chapter 2329. of the Revised Code, if it determines that the court has
jurisdiction and that the CSEA has obtained a lien in accordance with section
3123.74 of the Revised
Code.
(5) If a CSEA has sent a
Uniform Interstate Family Support Act (2008) petition to a child support agency
in a responding state requesting enforcement of a support order, as described
in rule
5101:12-70-05.5 of the
Administrative Code, and the child support agency in the responding state has
placed a lien on personal or real property owned by the obligor, the CSEA may
request that the child support agency in the responding state execute on the
lien using the applicable laws of the responding state.
(6) If a CSEA has sent
the JFS 01132, "Notice of Lien" (effective or revised
effective date as identified in rule
5101:12-55-99 of the
Administrative Code) to another state and the other state has placed a
lien on personal or real property owned by the obligor, the CSEA may request
that the other state execute on the lien using the applicable laws of that
state.
A sale of real or personal property extinguishes the lien
associated with the property pursuant to section
3123.75 of the Revised
Code.
(E)
Discharge of a lien imposed by a CSEA.
(1) A
lien filed with the county recorder shall be effective until the county
recorder discharges the lien.
(2) A
county recorder shall discharge the lien within five days after the CSEA files
a JFS 07006, "Discharge of lien" (effective or revised effective date as
identified in rule
5101:12-55-99 of the
Administrative Code), requesting that the lien be discharged.
(3) The CSEA shall file the JFS 07006
requesting that the county recorder discharge the lien if one of the following
applies:
(a) The lien is satisfied by an
execution sale pursuant to Chapter 2329. of the Revised Code;
(b) The obligor makes full payment of the
arrears to the office of child support, child support payment
central;
(c) The CSEA requests the
discharge of the lien in accordance with paragraph (E)(4) of this
rule.
(4) At any time a
CSEA may request the discharge of a lien on all or part of the property of the
obligor or return seized property without liability in accordance with section
3123.76 of the Revised Code if:
(a) Assurance of payments is deemed adequate
by the CSEA; or
(b) The discharge
will facilitate the collection of the arrears for which the lien was imposed.
The discharge of a lien or the return of property does not
prevent further action by the CSEA to collect arrears on the case.
