Dept. of Taxation

Citations

• 2019 Ohio 647

Syllabus

Appellant obtained a judgment against the Appellee for unpaid sales taxes. Appellant thereafter initiated post-judgment discovery under Civ.R. 69 to aid in collection of the judgment. Appellee failed to respond to the discovery, prompting Appellant to file a motion to compel in the trial court. The trial court overruled the motion, concluding that Appellant, before engaging in Civ.R. 69-sanctioned discovery, had to obtain an order in aid of execution under R.C. 2333.09. R.C. 2333.09 allows, but does not require, a judgment creditor to obtain an order in aid of execution before engaging in Civ.R. 69 post-judgment discovery. Thus, the trial court erred when it overruled Appellant's motion to compel. Judgment reversed and remanded.