This form is a sample letter in Word format covering the subject matter of the title of the form.
Judgment Against Property With Notice To Garnishee In Cuyahoga
Category:
State:
Multi-State
County:
Cuyahoga
Control #:
US-0025LTR
Format:
Word;
Rich Text
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Description
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FAQ
A judgment becomes dormant if no action is taken to enforce it for a period of five (5) years. The Judgment Creditor (the person who has the judgment) may file a motion to revive the judgment any time within the next ten (10) years.
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. Often judgments are against more than one judgment debtor.
"Certificate of judgment" means a certificate issued by a clerk of courts in which the judgment was rendered, under the seal of the court, under section 2329.02 or 2329.04 of the Revised Code.” In other words, a certificate of judgment is a sealed court document that certifies a judgment has been ordered by the court.
Your judgment lasts a long time (goes dormant after 5 years of no collections attempts), so time is on your side. Before you collect from the debtor, you need to know whether they have a job, have bank accounts, own real estate, or own property that is attachable.
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.
The Judgment Lien is filed using the lump sum judgment taken from a hearing held with the courts. This lien becomes dormant within five years from the filing when the judgment is in favor of the obligee. If the judgment is in favor of the state the dormant date begins after 10 years of the filing date.
Regardless of whether any payments are made, your judgment does not last forever. In Ohio, judgments go “dormant” in 5 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, or any other similar effort.
And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Ohio, a judgment lien can be attached to real estate only (such as a house, land, or similar property interest).
A writ of garnishment is a process by which the court orders the seizure or attachment of the property of a defendant or judgment debtor in the possession or control of a third party. The garnishee is the person or corporation in possession of the property of the defendant or judgment debtor.
130). The "judgment against garnishee defendant" means the employer withheld the funds as requested by the Writ. Your husband will continue to be garnished until the debt is satisfied. The plaintiff may need to renew the writ after sixty days.
More info
Affidavit and Order and Notice of Garnishment of Property Other. Than Personal Earnings and Answer of Garnishee.Requirements for filing Garnishment of Personal Earnings: Judgment must be obtained in or transferred into Cleveland Municipal Court. You may state your reasons for disputing the. You may state your reasons for disputing the. You may state your reasons for disputing the judgment creditor's right to garnish your property in the space provided on the form; however, you are.
