Judgment Against Property For Rem In Ohio
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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).
Referred to as an in rem (against the property) action, it is an action filed against the property itself, rather than a person. In civil judicial forfeiture, an individual has the right to contest the seizure through trial proceedings.
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.
A judgment lien on real estate remains in effect for five years. You may not be able to collect a judgment right away through a judgment lien on real estate, but it will ensure that the property cannot be sold or refinanced within the next five years without dealing with your lien.
Judgments have expiration dates. If they are not timely renewed, they expire. In CA that is 10 years. However, when a judgment lien has been recorded against your property, it has no expiration date.
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).
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.
To collect your judgment through a bank account attachment, complete the following three steps: Find out the name of the Judgment Debtor's bank, the bank's address, and the Judgment Debtor's account number. Obtain and complete the OTW Garnishment Packet. File the "OTW" Garnishment Packet with the Clerk of Court.
Ohio law does not allow us to perform the research to answer your question. Come in, or send someone, to the Recorder's office to search the records and determine whether there are liens. A professional title examiner can do this work for you.
