Judgment Against Property With Find In Cuyahoga
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Mail the Judgment Debtor a "Notice of Court Proceeding to Collect Debt" (also known as the "15 Day Demand"). Complete two copies of the form and mail one copy of the completed form to the Judgment Debtor at his or her last known address by ordinary U.S. mail.
A creditor can obtain a judgment lien by filing a certificate of judgment with the clerk of the court of common pleas in any county where the debtor owns or may own real property in the future. Real property includes land and fixtures on land such as a single-family home or condo.
"Any person who wishes to file a Mechanic's Lien shall make and file for record in the office of the county recorder in the counties in which the improved property is located, an affidavit showing the amount due over and above all legal setoffs, a description of the property to be charged with the lien, the name and ...
2 And given that, under Ohio law, judgment liens do not attach to after-acquired property, this should not really be a title company issue, assuming it is clear as a matter of record that the tax debt was discharged.
This means that the government has 15 years to collect the taxes owed before the lien expires. Judgment lien: In Ohio, a judgment lien can be valid for up to 5 years. However, the lien can be extended for an additional 5 years if the creditor files a renewal notice before the expiration of the original lien.
With regard to mechanics' liens, Ohio requires that the work be performed pursuant to a contract in order to secure a claimant's lien rights.
A judgment lien in Ohio will remain attached to the debtor's property (even if the property changes hands) for five years.
This also means that you and your spouse share liability on debts, whether you signed for that debt or were included as a judgment debtor. Consequently, a judgment creditor of your spouse may be able to file a lien against real property that you jointly own with your spouse.
Unfortunately, yes, a creditor may garnish a joint bank account for the judgment against one of the spouses. If your husband can prove he is the source of a portion of the deposits then he may petition the court for an exception to the garnishment to cover the funds he deposited.
Section 1319.06 | Husband and wife must join in chattel mortgage on household property. No husband or wife shall create any lien by chattel mortgage or otherwise upon any personal household property owned by either or both of them, without the joint consent of both husband and wife.
