Ohio Code § 2329.44

§ 2329.44.

(A) On a sale made pursuant to this chapter, if the officer who makes the sale receives

from the sale more money than is necessary to satisfy the writ of execution, with

interest and costs, the officer who made the sale shall deliver any balance remaining

after satisfying the writ of execution, with interest and costs, to the clerk of the

court that issued the writ of execution not later than forty-five days after confirmation

of the sale.  The clerk then shall do one of the following: (1)(a) If the balance is five hundred dollars or more, send to the judgment debtor whose

property was the subject of the sale a notice that indicates the amount of the balance,

informs the judgment debtor that the judgment debtor is entitled to receive the balance,

and sets forth the procedure that the judgment debtor is required to follow to obtain

the balance.  Subject to divisions (A)(1)(b) and (c) of this section, this notice shall be sent

in the following manner: (i) To the judgment debtor at the address of the judgment debtor in the caption on the

judgment or at any different address the judgment debtor may have provided, by certified

mail, return receipt requested, within ninety days after the sale. (ii) If the certified mail envelope sent under division (A)(1)(a)(i) of this section is

returned with an endorsement showing failure or refusal of delivery, the clerk immediately

shall send the judgment debtor, at the address of the judgment debtor in the caption

on the judgment or any different address the judgment debtor may have provided, a

similar notice by ordinary mail. (iii) If the ordinary mail envelope sent under division (A)(1)(a)(ii) of this section is

returned for any reason, the clerk immediately shall give a similar notice to the

judgment debtor that includes the case number, the name of the judgment debtor, if

known, and information on how to contact the clerk by an advertisement in a newspaper

published in and of general circulation in the county, which advertisement shall run

at least once, a posting on the clerk's web site, a text message to the judgment debtor,

or a posting in a conspicuous place in the court where the action was commenced. (b) If the address of the judgment debtor is not known, the clerk shall not send a notice

by mail under division (A)(1)(a)(i) or (ii) of this section, but shall comply with

division (A)(1)(a)(iii) of this section. (c) If the name of the judgment debtor is not known, but the address of the judgment

debtor is known, the clerk shall send the notice required under division (A)(1)(a)

of this section in the manner prescribed by division (A)(1)(a)(i), (ii), or (iii)

of this section. (d) If the balance remains unclaimed for ninety days following the last mailing, publication,

posting, or text message required under division (A)(1)(a), (b), or (c) of this section,

the clerk shall dispose of the balance in the same manner as unclaimed money is disposed

of under sections 2335.34 and 2335.35 of the Revised Code . (2)(a) If the balance is less than five hundred dollars, send to the judgment debtor whose

property was the subject of the sale a notice that indicates the amount of the balance,

informs the judgment debtor that the judgment debtor is entitled to receive the balance,

and sets forth the procedure that the judgment debtor is required to follow to obtain

the balance.  This notice shall be sent to the judgment debtor in the following manner: (i) At the address of the judgment debtor in the caption on the judgment or at any different

address the judgment debtor may have provided, by ordinary mail; (ii) If the address of the judgment debtor is not known, the clerk shall notify the judgment

debtor in the same manner prescribed by division (A)(1)(a)(iii) of this section. (iii) If the name of the judgment debtor is not known, but the address of the judgment

debtor is known, the clerk shall notify the judgment debtor in the manner prescribed

by either division (A)(2)(a)(i) or (A)(1)(a)(iii) of this section. (b) If the balance remains unclaimed for ninety days following the date of the last mailing,

publication, posting, or text message required by division (A)(2)(a) of this section,

the clerk shall dispose of the balance in the same manner as unclaimed money is disposed

of under sections 2335.34 and 2335.35 of the Revised Code . (B)(1) Subject to division (B)(2) of this section, the clerk of the court that issued the

writ of execution, on demand and whether or not the notice required by division (A)(1)

or (2) of this section is provided as prescribed, shall pay the balance to the judgment

debtor or the judgment debtor's legal representatives. (2) The clerk of the court that issued the writ of execution is not required to pay the

balance to the judgment debtor or the judgment debtor's legal representatives pursuant

to division (B)(1) of this section until the judgment debtor or the legal representatives

pay to the clerk the actual costs incurred in the provision of the notice required

by division (A)(1) or (2) of this section.