How to Enforce a Default Judgment in Ohio?

Question from Love, How to Enforce a Default Judgment in Ohio?

Answer from AI:

After receiving a default judgment in Ohio, the plaintiff can take several steps to collect the awarded amount from the defendant. A default judgment occurs when the defendant fails to respond to a lawsuit, and the court rules in favor of the plaintiff. Here’s a general guide on how to proceed:

Steps to Enforce a Default Judgment

1. Obtain a Certified Copy of the Judgment
– Request a certified copy of the default judgment from the court clerk. This document is necessary for enforcement actions.

2. File a Certificate of Judgment
– File a Certificate of Judgment with the county recorder’s office. This creates a lien on any real property the defendant owns in that county.

3. Identify the Defendant’s Assets
– Conduct an asset search to identify the defendant’s property, bank accounts, or other assets. This may involve hiring a private investigator or using online resources.

4. Garnishment of Wages or Bank Accounts
– File a motion for garnishment with the court. This allows you to collect money directly from the defendant’s wages or bank accounts. Ohio law requires you to notify the defendant and provide them an opportunity to contest the garnishment.

5. Levy on Personal Property
– Request a writ of execution from the court to seize and sell the defendant’s personal property. The proceeds from the sale can be used to satisfy the judgment.

6. Debtor’s Examination
– Request a debtor’s examination, where the defendant is required to appear in court and disclose information about their assets and income.

Requesting the Prayer Amount

To request the prayer amount (the amount awarded in the judgment), follow these steps:

1. Ensure the judgment is final and not subject to appeal.
2. File the necessary enforcement motions, such as garnishment or execution, with the court.
3. Provide the court with evidence of the defendant’s assets, if required.
4. Follow court procedures for notifying the defendant and allowing them to respond.

Legal Considerations and Resources

– Ohio Revised Code: Familiarize yourself with relevant sections of the Ohio Revised Code, particularly those related to judgment enforcement and garnishment procedures. [Ohio Revised Code](http://codes.ohio.gov/orc)
– Court Rules: Review local court rules for specific procedures and forms required in your jurisdiction.
– Legal Assistance: Consider consulting with a legal professional to navigate complex enforcement actions or if the defendant contests the enforcement.

When to Seek Legal Advice

If you encounter difficulties in locating the defendant’s assets, or if the defendant files a motion to vacate the default judgment, it is advisable to seek legal counsel. An attorney can provide guidance tailored to your specific situation and help ensure compliance with all legal requirements.

For more detailed information, you can visit the [Ohio Judicial System’s website](http://www.supremecourt.ohio.gov) for resources and guidance on enforcing judgments.