Ohio § 4733.303 Enforcement of lien

Ohio Statutes

§ 4733.303 — Enforcement of lien

Ohio § 4733.303

Title 47Occupations-Professions

Ch. 4733Professional Engineers and Professional Surveyors

This text of Ohio § 4733.303 (Enforcement of lien) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 4733.303 (2026).

Text

(A)(1) A professional engineer or professional surveyor holding a lien that has been perfected pursuant to section4733.302of the Revised Code may commence proceedings to enforce the lien by filing a complaint in the common pleas court of the county in which the commercial real estate is located.

(2)The complaint need not initiate foreclosure proceedings on the lien prior to a court determining the validity of the underlying claim.

(B)The professional engineer or professional surveyor shall name as defendants in the complaint all parties who have an interest of record in the commercial real estate that is the subject of the lien, including all parties named in the affidavit required under section4733.302of the Revised Code.

(C)(1) The professional engineer or professional surveyor shal

Free access — add to your briefcase to read the full text and ask questions with AI

(A)(1) A professional engineer or professional surveyor holding a lien that has been perfected pursuant to section4733.302of the Revised Code may commence proceedings to enforce the lien by filing a complaint in the common pleas court of the county in which the commercial real estate is located.

(2) The complaint need not initiate foreclosure proceedings on the lien prior to a court determining the validity of the underlying claim.

(B) The professional engineer or professional surveyor shall name as defendants in the complaint all parties who have an interest of record in the commercial real estate that is the subject of the lien, including all parties named in the affidavit required under section4733.302of the Revised Code.

(C)(1) The professional engineer or professional surveyor shall file the complaint within two years of the date of recordation of the affidavit required under section4733.302of the Revised Code.

(2) Failure to file a complaint within the time specified shall extinguish the lien.

(D)(1)(a) Any person with an interest in the commercial real estate subject to a lien perfected pursuant to section4733.302of the Revised Code may demand, in writing, that the professional engineer or professional surveyor commence suit to enforce the lien.

(b) Such a demand shall be commenced by serving the professional engineer or professional surveyor and all parties listed in the affidavit required under section4733.302of the Revised Code the written demand. Such a delivery may be made by any means that provides proof of receipt.

(2) If the professional engineer or professional surveyor does not commence the action within sixty days after receipt of the demand, the lien is extinguished.

Last updated July 14, 2021 at 12:51 PM