Ohio Release of Judgment Lien by Creditor

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Multi-State
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US-OG-540
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Description

If an owner of an interest in real property has had a judgment obtained against him or her, this form addresses a release of that judgment lien.

A "Release of Judgment Lien by Creditor" is a legal process in Ohio that allows a creditor to remove a judgment lien from a debtor's property once the debt has been satisfied. Judgment liens are typically placed on a debtor's property by the creditor to secure the payment of a debt owed. The release of a judgment lien is an important step for debtors as it ensures that the lien no longer encumbers their property and enables them to regain full ownership rights. Additionally, it provides a level of protection and peace of mind for debtors who have successfully resolved their debts. The process of obtaining a release of judgment lien in Ohio typically involves the following steps: 1. Satisfying the debt: Debtors must ensure that the outstanding debt, for which the judgment lien was placed, is fully paid off. This may involve making regular payments to the creditor or arranging a lump sum payment. 2. Obtaining a Release of Lien form: In Ohio, creditors are responsible for providing debtors with a "Release of Judgment Lien" form after the debt has been satisfied. This official document outlines the creditor's consent to remove the judgment lien from the debtor's property. 3. Filing the Release of Lien form: Once obtained, the debtor needs to file the Release of Lien form with the Ohio county recorder's office where the lien was originally recorded. This step ensures that the release is officially recorded, removing the lien from public records. It's important to note that different types of judgment liens may have specific requirements for release. In Ohio, common types of judgment liens include: 1. Real Estate Lien: This type of judgment lien allows a creditor to attach a property owner's real estate to secure a debt. Once the debt is paid, the creditor must provide a Release of Real Estate Lien form to remove the lien from the property. 2. Personal Property Lien: A personal property lien allows a creditor to place a lien on a debtor's personal belongings, such as vehicles, jewelry, or artwork. Similarly, once the debt is satisfied, the creditor must provide a Release of Personal Property Lien form to release the lien on the debtor's possessions. It is crucial for debtors to follow the necessary procedures and documentation when seeking a release of judgment lien in Ohio. Failure to properly secure the release could lead to complications when attempting to sell or transfer the encumbered property in the future. Therefore, it is recommended that debtors consult a legal professional for guidance and assistance throughout the release process.

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FAQ

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.

Under Ohio law, a court order gives the creditor the right to collect money by garnishing your wages or your bank account, putting a lien on your real property or seizing your personal property.

WAGE GARNISHMENT: To garnish the Defendant's wages, you must first send by certified mail or ordinary mail with a certificate of mailing (purchased at the post office), a copy of a form called a Fifteen Day Demand or Notice of Court Action to Collect Debt.

Once the creditor has a legal judgment against you, it can ask the court to help it collect. Courts and creditors have several options. They can garnish your wages, levy your bank accounts (take money straight out of them), or place a lien on your home.

If you win a judgment and the other party does not pay, you may start collection proceedings. Certain methods for collecting judgments such as bank and earnings garnishments, liens and attachments are permitted under the law. Filings on these actions can be made in the Clerk's Office Civil Division.

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).

Once the state liens are paid, you will receive a Lien Satisfaction Notice from the Ohio Attorney General's office. To release the lien, you are to bring the notice to the Clerk's office.

But a judgment from an Ohio court is valid for 5 years, and then becomes dormant unless revived, giving creditors the ability to collect on judgments for much longer. Section 2325.18(B) sets Ohio's statute of limitations for judgment enforcement at fifteen years.

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When any such certificate is delivered to the clerk of the court of common pleas of any county in this state, the same shall be filed by such clerk, and he ... Nov 11, 2022 — For real property and other titled assets, this can be done by filing a lien in the title record of those assets. For untitled and other ...Oct 4, 2023 — Attorney General's Office need only refile a tax lien every 15 years in Common Pleas Court to keep the lien operative against the tax debtor. A ... Judgment liens are attached to a debtor's real property and will remain in effect for five years. A creditor can obtain a judgment lien by filing a certificate ... The Judgment Lien is filed using the lump sum judgment taken from ... A lien represents the legal right of a creditor (obligee) in a debtor's (obligor) property. To release a judgment/civil lien, the debtor must satisfy and obtain a certified copy of the Entry of Satisfaction from the original court of jurisdiction. All ... In Ohio, a property lien can be used to collect a court judgment. Here's how it works. The lien release is forwarded by mail to the requesting party and will need to be filed with the clerk of courts and/or recorder's office. Filing fees may be ... The Administrative Lien allows enforcement of an arrearage without returning to court. The lien is considered active until it is executed / released. With this ... We will mail back a file-stamped copy of the lien release. It is recommended that you contact the Clerk of Courts Civil Division at 937-225-4512 to determine ...

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Ohio Release of Judgment Lien by Creditor