Park v. Fitch

Tiffin Municipal Court

Park v. Fitch

564 N.E.2d 757, 56 Ohio Misc. 2d 8, 1989 Ohio Misc. LEXIS 108

CourtTiffin Municipal Court

DecidedJanuary 20, 1989

DocketNo. 88-CVG-282

StatusPublished

This text of 564 N.E.2d 757 (Park v. Fitch) is published on Counsel Stack Legal Research, covering Tiffin Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Park v. Fitch, 564 N.E.2d 757, 56 Ohio Misc. 2d 8, 1989 Ohio Misc. LEXIS 108 (Ohio Super. Ct. 1989).

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Opinion

Frederick R. Daniel, Jr., J.

This matter came on to be considered upon the claim by the judgment debtor, Mark L. Fitch, of an exemption for the mobile home scheduled for execution sale on January 23, 1989. This court finds that R.C. 2329.66(A)(1) does not exempt from execution the mobile home itself, but rather it exempts from execution the debtor’s interest in the mobile home up to $5,000. The mobile home is appraised at $15,000. The only way to divide the judgment creditor’s interest from the judgment debtor’s interest is to sell the mobile home. The bailiff is ordered to proceed with the sale and, upon the return of the bailiff, the court will order disposition of the proceeds in such manner as will protect the parties’ respective interests.

Judgment accordingly.

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Frederick R. Daniel, Jr., J.

This matter came on to be considered upon the claim by the judgment debtor, Mark L. Fitch, of an exemption for the mobile home scheduled for execution sale on January 23, 1989. This court finds that R.C. 2329.66(A)(1) does not exempt from execution the mobile home itself, but rather it exempts from execution the debtor’s interest in the mobile home up to $5,000. The mobile home is appraised at $15,000. The only way to divide the judgment creditor’s interest from the judgment debtor’s interest is to sell the mobile home. The bailiff is ordered to proceed with the sale and, upon the return of the bailiff, the court will order disposition of the proceeds in such manner as will protect the parties’ respective interests.

Judgment accordingly.

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Bluebook (online)

564 N.E.2d 757, 56 Ohio Misc. 2d 8, 1989 Ohio Misc. LEXIS 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/park-v-fitch-ohmunicttiffin-1989.