![]() ![]() Often judgments are against more than one judgment debtor. This means that although Ohio’s statute of limitations for judgment enforcement is at least fifteen years, in reality the best practice is to act at least once every five years so that your judgment does not become dormant. Similarly, a dormant judgment does not accrue interest. One court has said that a dormant judgment is “without legal effect.” See Adlaka v. Ī judgment that is dormant “shall not operate as a lien against the estate of the judgment debtor unless. if action is taken within ten years after the judgment went dormant. A privately held dormant judgment can be revived under Ohio Revised Code Section 2325.15 et seq. If that is true, an Ohio judgment creditor can wait, because a judgment in Ohio may be enforceable for at least fifteen years.Ī privately held judgment issued in Ohio becomes “dormant” five years after the latter of (a) when the judgment was issued, or (b) the last time it was used to create a lien, generate a seizure, obtain a garnishment order, etc. Too often in the first years after litigation judgment-debtors do not have adequate assets subject to collection action to satisfy the judgment, or the judgment debtor’s equity in its assets simply does not justify an investment in collection efforts. This rule was changed by statute so that in the ordinary course, your Ohio judgment’s “superpowers” last five years unless either used or revived. ![]() And further, the judgment affords you options to invoke state authority to compel your debtor to pay what is owed by garnishing bank accounts, seizing and selling personal property, garnishing a portion of the judgment debtor’s wages, liening and then selling real property, and having a receiver appointed to control a judgment debtor’s assets.Īt common law, judgment enforcement efforts in Ohio were immediate or nothing because “writs of execution must be sued out within a year and a day after the judgment is entered, otherwise the court concludes prima facie, that the judgment is satisfied and extinct.” Simpson v. The judgment replaces the promissory note, with the effect that the judgment’s terms now control the judgment-debtor’s obligation. What did you win? If you started with a promissory note, what you now have resembles that note in that each is a paper declaring that someone owes money to another, but not exactly. Your litigation was successful and you won a judgment. ![]() This blog post explores how Ohio judgment creditors can capture their share of a judgment debtor’s improving financial situation.Ĭongratulations. The fortunes of those who owe you money can vary over the years. ![]()
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