What is a praecipe?
A praecipe is a formal written request filed with the court that directs the clerk or sheriff to perform a specific administrative or enforcement action, such as issuing an order of sale in a foreclosure proceeding.
In Ohio foreclosure actions, a praecipe is a directive document filed by an attorney with the court clerk or sheriff instructing them to execute a particular task. The word comes from Latin and means "command" or "order." Rather than petitioning the judge for a ruling, a praecipe tells the court officer what steps to take when the legal grounds for that action already exist.
During foreclosure proceedings in Cuyahoga County and surrounding Ohio counties, a praecipe typically directs the sheriff to issue an order of sale, schedule a sheriff's sale, or complete other clerical duties tied to the foreclosure process. Once a judgment for foreclosure has been entered, the lender or their foreclosure attorney files a praecipe to move the case forward administratively without requiring another court hearing or judge decision.
The praecipe differs from a motion or complaint because it assumes the legal authority already exists through prior court orders. It is an instruction to implement what has already been decided, not a request for the judge to decide something new. In the Cleveland metro foreclosure docket, timely filing of a praecipe keeps the sale process moving and ensures the sheriff's office has clear written direction to proceed. Foreclosure attorneys use praecipes at several stages: after judgment entry, to request the order of sale, and sometimes again to reschedule a sale if needed.