A. RESPONSIBILITY OF SHERIFF’S OFFICE
The Civil Division of the Butler County Sheriff’s Office shall follow the rules prescribed by section 2329.13 et.seq. of the Ohio Revised Code, in the advertising and conducting of all sales on attachments, execution or foreclosure of chattel mortgages. If the sale is to encompass many items, the Sheriff may secure the services of an auctioneer and proceed according to section 2335.021 of the Ohio Revised Code.
B. PERSONAL PROPERTY
In all attachments or executions to be levied upon personal property, the attorney or party shall describe in detail those items which are to be levied upon and an instruction “levy upon all goods and chattels of the defendant” will not be sufficient. It is necessary for the Sheriff’s Office to know the type, size and number of items to be levied upon so that they can make an accurate estimate as to the cost of the proceedings and estimate the amount of security deposit required.
C. MOTOR VEHICLES
If the item to be levied upon is an automobile or other motor vehicle, the attorney or party shall furnish the Court with an accurate description of the vehicle including the license number and vehicle identification number. The attorney or party shall furnish the Court with a written statement as to whether or not there is a lien or record on the vehicle in the office of the Clerk of Courts, Common Pleas Court of Butler County or of any other county in the state of Ohio.
The Sheriff shall determine the fair market value and whether or not there are any liens on the vehicle before the vehicle is levied upon. Where a lien exists, the name of the lien holder shall appear on the notice of sale.
If the Sheriff estimates that the sale price of the vehicle will be less than the cost of towing, storage, advertising and other costs associated with the sale, he or she shall require the party to pay an additional deposit to cover the expenses before proceeding with the execution.