How to Validate and Certify an Affidavit of Collection to Collect Personal Property in Ohio

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

Detailed Answer

In Ohio, if you hold a court judgment for money damages and wish to enforce it by seizing a debtor’s nonexempt personal property, you must prepare an Affidavit of Collection (also called an affidavit in support of a writ of execution) and have it certified by the court clerk. This process is governed primarily by Ohio Revised Code § 2329.16 and § 2329.17.

1. Obtain a Final Money Judgment

Before you prepare an affidavit, you must first secure a final money judgment from an Ohio court. This judgment must be entered on the court’s journal and specify the amount owed plus any post‐judgment interest.

2. Draft the Affidavit and Inventory

Your affidavit must include:

• Case caption, court name, case number and judgment date.
• Debtor’s full legal name and address.
• Judgment creditor’s name and address.
• A sworn statement that the judgment remains unpaid.
• An itemized Inventory of Nonexempt Personal Property as required by O.R.C. § 2329.16. Describe each item clearly (e.g., make, model, serial number, estimated value).

3. Notarization

Sign the affidavit before a notary public. Under O.R.C. § 147.53, your signature must be sworn or affirmed in the notary’s presence. The notary will then affix their seal.

4. File and Certify with the Clerk

File the original affidavit and inventory with the clerk of the same court that issued the judgment. The clerk will:

• Note the filing date and time.
• Stamp or certify the affidavit as a true and filed copy.
• Issue a Writ of Execution under O.R.C. § 2329.17.

5. Deliver to the Sheriff

Once certified, deliver the writ of execution, certified affidavit, and inventory to the county sheriff. The sheriff will levy on and seize nonexempt personal property to satisfy your judgment.

6. Return of Execution

After levy or sale, the sheriff must file a return of execution detailing the property collected and amounts realized. This completes the enforcement process.

Helpful Hints

• Review Ohio’s exemptions carefully to exclude any protected property.
• Use precise, up‐to‐date property descriptions to avoid disputes.
• File your affidavit promptly—Ohio law may limit the time to enforce a judgment.
• Keep certified copies of all filings for your records.
• Confirm local court rules or fees for writs and certified filings.