A judgment, once obtained, grants the creditor the right to pursue various methods of collection, such as garnishment of wages or levies on bank accounts. However, in Ohio, a judgment does not remain enforceable forever. After a certain period, if no action is taken to collect or renew it, the judgment becomes dormant.
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.
Generally, the party seeking to sell or transfer the property will need to satisfy the judgment by paying the amount owed to the judgment creditor, or negotiate a settlement or release with the creditor.
The primary resource for property information is the County Recorder's Office. This office serves as a comprehensive repository of public records related to its judicial district. To find property liens through a county recorder's office, visit the office in person or contact them via phone or email.
To attach the lien, the creditor files the judgment with the clerk of court of common pleas in any Ohio county where the debtor owns real estate (a home, land, etc.) now or may own real estate in the future.
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.
Enforcement of a Foreign Judgment in the U.S. Under U.S. law, an individual seeking to enforce a foreign judgment, decree or order in this country must file suit before a competent court. The court will determine whether to recognize and enforce the foreign judgment.
The first step is to file an authenticated copy of the foreign judgment with the clerk of the common pleas court. Along with the authenticated judgment, the judgment creditor or its attorney must file an affidavit that sets forth the name and last known address of the judgment debtor and the judgment creditor.