Judgment records are considered part of court records in Ohio. These records are legal documents that contain the court’s decision in a court case and they are accessible to requesting members of the public like other Ohio court records. Interested persons may access Ohio judgment records through courthouses, court clerk offices, public databases, and any other means the state court provides. In many cases, the medium determines the format in which the requesting party accesses the records. For example, physical documents may be available for request through the courthouse or court clerk. Electronic formats may only be available on government websites and databases or public access terminals.
Typically, Ohio judgment records contain:
- The case parties’ names
- Case number
- Case facts
- The court’s findings
- Case parties’ duties and rights
- Reason for judgment
- The judge’s name and signature
- Judgment date.
What is a Judgment?
A judgment is the court’s final decision in a lawsuit or court case. After hearing all the case facts and parties, and making further findings, the court delivers a judgment that state’s the court’s position on the case. The judgment also lists the rights and responsibilities of the case parties. In a civil lawsuit, a judgment is a written order by the court that grants or denies a form of relief (Ohio Civ.R. 54). Typically, relief in civil cases is monetary compensation. A judge must sign a judgment and it must be entered in a court docket.
There are different types of judgment, and according to Ohio’s rules of civil procedure, judgment can be entered at different phases during litigation. However, only competent officers such as judges or magistrates may deliver judgments. It is also important to note that judgments can be oral or written. While oral or verbal judgments are typical at normal court hearings, written judgments are more likely when a case is complex or if a case involves an appellate court such as the Supreme Court.
Ohio Judgment Laws
Ohio’s judgment laws are in the state’s Rules of Civil Procedure (Ohio Civ.R. 54) and in Title 23 of the Ohio Revised Code. These laws highlight the state’s definition of judgment and the types of judgment available to case parties. The laws also contain information about judgment entry, enforcement, and collection.
What is an Ohio Judgment Lien?
A judgment lien is a claim or involuntary lien that the court’s judgment places on real estate or personal property. When a judgment creditor wins a lawsuit, a judgment lien allows the creditor to possess a judgment debtor’s real or personal property if the debtor fails to meet any contractual obligations. In some cases, a judgment lien only gives a creditor claim to proceeds from the sale of a property, not the property itself. Judgment liens are also called involuntary or non-consensual liens because the lien attaches to a debtor’s property without the debtor’s consent.
Typically, creditors record liens in the county where debtors reside or where debtors’ personal properties are located. Judgment liens can cloud property title. This is because creditors attach court judgments to the lien as proof of claim. Thus, debtors must have liens removed before transferring or selling affected property.
What is an Ohio Summary Judgement?
A summary judgment in Ohio is one that the court grants without a full trial. The court issues summary judgments when there are no compelling reasons for a full trial. Examples of such cases are ones where there is little or no evidence to support the case claims. Other examples include mortgage foreclosure cases and promissory note suits. Ohio state laws grant that the court may grant summary judgments in any civil action; there are no restrictions to the nature of the action.
The defendant or claimant in a civil case may file a motion for summary judgment. However, if the court has set the case to trial, the petitioning party may only file for summary judgment with the court’s permission (Ohio Civ.R. 56). The burden of proof lies on the party who files for summary judgment.
What is A Summary Judgment Motion In Ohio?
A summary judgment motion is a case party’s request or petition to the court for a summary judgment. In a summary judgment motion, the petitioning party requests that the court rule in the party’s favor without a full court trial. As earlier stated, a defendant or claimant may file a motion for summary judgment in Ohio. To file a motion for summary judgment, interested parties may file the necessary documents with the clerk of court in the court with jurisdiction over the case.
The petitioner must then serve a notice of the motion to the other case party. Service methods include personal delivery to the respondent, their office or residence, email, or courier mail. The petitioner may also serve the respondent’s attorney or leave the notice with the Clerk of Court if the respondent does not have a known address (Ohio Civ.R. 5). According to Ohio Civ.R. 6, response to a motion for summary judgment is due within 28 days after service.
Ohio Judgment Record Search
Ohio’s Public Records Laws stipulate that court records are public. Government agencies must make public records available to any requesting party for inspection or copying. Interested parties may search judgment records using public access terminals provided in courthouses. Alternatively, Ohio counties offer public records search functions on their websites, which interested parties may leverage to conduct judgment record searches.
Examples of such counties include Shelby and Franklin. Requesting parties may search using case party names, case type, case number, court, and case year. It is important to note that confidential records, such as ones sealed by court orders or state statutes, may not be available to the public.
How Do I Look Up a Judgment In Ohio?
There are several ways through which an interested party can look up a judgment in Ohio. These include:
- Public access terminals: Ohio courts provide public access terminals at courthouses that interested parties can use to look up a judgment
- Physical and written records requests: interested parties may look up judgments in Ohio by visiting the Clerk of Court in person to make record requests or by mailing written requests to the clerk. Accessing court records is free. However, the court clerk may charge fees to make copies of requested records.
- Record search tools: Ohio counties offer public record search websites that interested parties can use to look up judgments. Requesting parties may visit the relevant county or Court Clerk website to access the public search tools.
What Happens if You Have a Judgment Against You in Ohio?
When the court makes a judgment against a case party, the party is liable to comply with any orders that result from the judgment. Such orders could include payment of damages. The court does not collect a judgment on a creditor’s behalf.
Suppose a judgment debtor willingly fails to pay damages or comply with any other court orders that result from a judgment. In that case, the creditor may enforce the judgment by various means, including wage garnishment, property, or bank account liens. Judgment debtors may appeal judgments to higher courts. The higher court may review the judgment if there is a lawful or legal reason for appeal.
How Do I Find Out If I Have Any Judgments Against Me In Ohio?
Ohio’s Rules of Civil Procedure stipulate that a petitioning party must serve the respondent notice of any filed petitions or motions. This means that case parties are typically aware of ongoing or pending actions before the court delivers judgment. Service could be by courier, sheriff’s office, newspaper publication, or email.
In cases where a case party does not receive proper service, requesting parties may contact the Clerk of Court in the county where the case was filed to find out whether there are any outstanding judgments against them. Alternatively, inquiring parties may conduct public records searches for cases; such persons may be able to find information about any outstanding judgments through case or judgment records.
How Long Does A Judgment Stay On Your Record?
A judgment stays on the debtor’s credit report for up to seven (7) years. This may impact the debtor’s credit score, which in turn may impact the debtor’s ability to obtain credit. A reduced credit score may also result in higher credit interest rates. Seven (7) years after the court passes judgment, a debtor may petition the court to vacate the judgment so that the judgment no longer shows up on the debtor’s credit report.
Debtors may also have judgments removed from credit reports by paying the outstanding judgment amount. It is important to note that although judgments may be removed from a debtor’s credit report, it may not be possible to remove judgments from a person’s public records unless the record contains confidential information or other information exempt from public access by state statutes.
How To Enforce A Judgment In Ohio
Enforcement includes procedures that a judgment creditor initiates to satisfy the judgment. There are different ways to enforce a judgment in Ohio, including the following:
- Wage garnishment: a judgment creditor may withdraw up to 25% of a debtor’s paycheck. To enforce a judgment by wage garnishment, the creditor may serve the debtor’s employer a necessary notice or paperwork. The employer deducts the agreed fees from the debtor’s paycheck and pays to the court, which pays the creditor.
- Property lien: when a creditor files a lien on a debtor’s property, the creditor may recover the judgment amount, including accrued interests, from the property sales proceeds.
- Bank account lien or garnishment: a creditor may garnish a debtor’s bank account or place a lien on the account. This means that the creditor may recover the judgment amount directly from the debtor’s bank account or any proceeds on the account.
- Driver’s license suspension: If the case involves the negligent operation of a motor vehicle, the judgment creditor may enforce the judgment by getting the debtor’s driver’s license suspended.
How To Collect A Judgment In Ohio
In Ohio, enforcement and collection are means that a judgment creditor may employ to satisfy a judgment. O.R.C 1925.13 states that judgment creditors can initiate any proceeding to satisfy the judgment, including garnishment and execution. Per state laws, if a debtor fails to satisfy a judgment after 30 days, and the case parties have no prior agreement to this effect, the creditor may petition the court to order the debtor to file a list of personal earnings, assets, and liabilities on a court form.
Failure to complete the form within one (1) week of receipt may result in a citation for contempt of court. Another way to collect a judgment in Ohio is for the creditor to forgive some of the debt and agree to smaller or installment payments.
What Happens if a Defendant Does Not Pay a Judgment in Ohio
Willfully refusing to pay a judgment in Ohio may result in enforcement. The creditor may choose to garnish the debtor’s wages, place a lien on the debtor’s property or bank account, or get the debtor’s driver’s license suspended. Additionally, willful refusal to pay a judgment may result in a citation for contempt of court.
Also, interests accrue on judgments. As such, the longer a defendant refuses to pay a judgment, the higher the fees they will have to pay eventually. Since judgments appear on the debtor’s credit report, refusing to pay a judgment in Ohio may result in a reduction of the debtor’s credit score, which in turn may result in serious financial constraints.
What Personal Property Can Be Seized in a Judgment in Ohio?
O.R.S 2329.01 grants judgment creditors in Ohio the right to seize and sell debtors’ property to satisfy a judgment if the debtor refuses to pay the judgment. Types of property that a judgment creditor may seize for sale include tenements, lands, chattels and goods, and leasehold estates. However, certain properties are exempt from seizure, garnishment, or enforcement. Exempted properties include the following:
- Up to $3,450 in a motor vehicle
- Up to $21,625 in money owed for healthcare supplies or services
- Up to $5,000 in beneficiary funds paid by a non-profit society or organization
- Up to $1,350 in jewelry
- Up to $525 in particular or $10,775 in an aggregate value of clothes, furniture, books, and musical instruments.
- Account books, proceedings journals, office insignia, regalia, and all the private work that belongs to benevolent or non-profit organizations in the state
Chapter 2329 of the Ohio Revised Codes provides more information about property seizures and exemptions.
Ohio Judgment Interest Rate
The Ohio Tax Commissioner sets the judgment interest rate each year. The Tax Commissioner considers and adds three (3) percent to the federal short-term rate in determining the interest rate. The current judgment interest rate in Ohio is 3%. Any outstanding debts or judgment payments accumulate interest until the debtor pays the judgment.
What is a Default Judgment?
If a defendant fails to file a response to a plaintiff’s complaint, or if a plaintiff fails to file a response to the defendant’s counterclaim, the plaintiff or the defendant may obtain a default judgment against the unresponsive party. The court may grant a default judgment in favor of a plaintiff if the defendant fails to respond to the plaintiff’s complaint or show up in court as required.
To obtain a default judgment, the entitled party may petition the court orally or in writing. However, it is important to note that the Ohio court does not enter a default judgment against minors or incompetent persons except such persons are represented by guardians or other representatives. The court does not enter default judgments against officers, agencies, political subdivisions, and the state, except the claimant, provides sufficient evidence to establish the claim to the court (Ohio Civ.R. 55).
How to File a Motion To Set Aside Default Judgment in Ohio
The court grants default judgments against defendants do not file a response to the lawsuit against them. A common reason that may make a defendant may be unable to file a response is death or illness. Other reasons include inattention, negligence, or ignorance of the lawsuit. Notwithstanding the circumstance, failure to file a response leads to a default judgment.
However, such defendants may apply to the court to set aside the default judgment under certain grounds. Such grounds include clerical mistakes, excusable neglect, inadvertence, fraud, mistakes, and newly discovered evidence.
File Motion To Vacate Judgment in Ohio
To vacate a judgment in Ohio is to set aside the judgment. Ohio laws offer relief from judgment through petitions. If a case party has reasonable or acceptable grounds, such a party may file a motion or a petition with the court to vacate a judgment.
The motion or petition must be verified, contain the judgment and the grounds for vacation. Motions or petitions for vacation are typically considered a part of the case. However, in some cases, the court may begin a new case when a party files a motion to vacate a judgment.
How To Remove An Abstract Of Judgment In Ohio
An abstract of judgment is a legal document that contains a judgment summary and includes the judgment amount that the defendant owes the claimant. In Ohio, an abstract of judgment creates a lien or claim and a public record on real estate that a debtor owns currently or may own in the future. Typically, abstracts of judgment apply to real property. The court clerk prepares the abstract and records it in the county recorder’s office in the counties where a debtor has property or interest.
To remove an abstract of judgment in Ohio, a judgment debtor must satisfy the judgment. A judgment debtor may satisfy a judgment by settling the required payment in one sum. The debtor may also negotiate reduced fees or a payment plan with the creditor. Upon satisfaction, the creditor must file a satisfaction of judgment with the court. This document serves as proof of payment or proof that the debtor has satisfied the judgment.
How Long Is a Judgment Good For In Ohio
The statute of limitations for judgments in Ohio is 15 years. However, the judgment may become dormant if the creditor does not execute within five (5) years. Once a judgment becomes dormant, the creditor may no longer collect or execute the judgment. To prevent dormancy, the creditor may renew the judgment before the expiration of five (5) years.
Ohio Judgment Statute of Limitations Law
ORC 2329.07 contains information about judgment statutes of limitations in Ohio. A fifteen-year limitation period applies to judgments and certificates of judgment issued in the state. As stated earlier, judgments become dormant every five (5) years in Ohio but may be renewed before dormancy. Creditors cannot execute dormant judgments.
