6-19/220.43 Taking Property Into Custody



Unless some other disposition is agreed upon by the plaintiff and defendant, the levying officer shall take the farm products or inventory into exclusive custody at the earlier of the following times:

  • At the time the defendant objects to placement of a keeper in charge of the business.

  • At the conclusion of the applicable period prescribed (see 6-19/220.41).

If the plaintiff and defendant agree that it would be in the best interest of both parties to allow the business to operate beyond the applicable time period, and they jointly notify the Sheriff in writing, the business may continue to operate.  Sheriff’s Department personnel shall not arbitrarily extend the time the business may continue to operate beyond the applicable two or ten-day period.  Sheriff’s Department personnel shall not solicit such information from the plaintiff and defendant.