Did you know that money judgments can go dormant? Dormancy is not an issue in every state that Judgment Collectors is active in, but it is an issue in Ohio. We feel it is important enough that judgment creditors consider it as they develop their collection strategies. Allowing a judgment to go dormant isn’t the end of the world, but it does add yet another layer of complexity to collection.
Judgment Collectors helps clients recover unpaid judgments in Ohio. If you would like to learn more about our services, please do not hesitate to contact us. Be sure to ask about our consignment model when you do. We would be more than happy to explain how everything works. In the meantime, let us talk about money judgment dormancy.
Dormancy in a Nutshell
As you probably know, not all civil judgments are money judgments. You might have a judgment that clarifies the rights and responsibilities of two parties to a contract. You might have another judgment that compels one party to stop engaging in a particular activity or behavior. Money judgments involve financial awards going to one party as compensation for the liabilities of the other.
In Ohio, most money judgments go dormant if no efforts to collect are made within five years. We say ‘most’ because it is different for judges involving the state. The state has 10 years to act before a money judgment goes dormant. Once dormant, the judgment creditor cannot pursue further collection efforts without having the judgment revived.
Reviving a dormant judgment is a basic legal procedure. The creditor is simply petitioning the court to allow it to resume collection efforts. More often than not, the process goes relatively smoothly.
How a Dormant Judgment Is Revived
A dormant judgment is revived by filing a motion to revive with the county court in which the original judgment was recorded. Note that there are subtle differences between local jurisdictions in Ohio. In Franklin County, for example, a judgment creditor files the motion but is not immediately granted an order of reviver. Instead, the judgment debtor is given an opportunity to respond to the motion.
Should the debtor contest the motion to revive, the case is assigned to a judge for review. But if the debtor does not respond within the allowable time frame, the creditor is granted revival and collection efforts can resume.
It’s Best to Avoid Judgment Dormancy
As an organization that specializes in collecting money judgments, it is our opinion that it is best for judgment creditors to avoid having to revive a judgment. Reviving means having to go back to court. It could mean an entirely new hearing for which there is no guarantee of success. It’s just not a strategy that is guaranteed to work in favor of the creditor.
How do you avoid having to revive a money judgment in Ohio? By not allowing it to go dormant. It is best for creditors to begin collection efforts immediately. And once they begin, it’s best to keep at it until the debt is satisfied. We understand that doing so is often easier said than done. But that’s where we come in. At Judgment Collectors, we do the work for you.
We employ a knowledgeable and experienced team of judgment collection professionals. We make the effort to contact the debtor on your behalf. If necessary, we do the work of tracking down debtor assets. We can even do what is necessary to locate a judgment debtor who is purposely trying to hide. And we do it all on consignment, so you have nothing to lose. How does that sound?