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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90489
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Situation In New York, I had a civil money judgment against

Customer Question

Situation:

In New York, I had a civil money judgment against someone, for 20 years. After the 20 years expires, it is considered to be satisfied. It is past the 20 year mark now and so therefore the judgment is considered to be satisfied. However, I believe that the debtor would be cooperative to "renew" the judgment. Therefore, I believe that the creditor would be willing cooperate and therefore execute an Affidavit of Confession of Judgment before a notary public.

The debtor owns real property in Ohio. Therefore I would like to enter a judgment in OH and then have it become a lien on the real property.



I believe that the following may be true in Ohio (however I am not sure):

Ohio permits the entry of a judgment by confession. A debtor may appear in a court of competent jurisdiction and confess judgment. (O.R.C. 2323.12.) An attorney may confess judgment by producing to the Court a warrant of attorney which contains specific warnings and notice to the debtor in the instrument evidencing the indebtedness. The warnings must appear on the instrument clearly and conspicuously and must conform to the requirements under the Ohio statutes. (O.R.C. 2323.13.) However, a warrant of attorney to confess judgment in an instrument arising out of a consumer loan or consumer transaction is invalid, and the Court generally does not have jurisdiction to render a judgment based on such a warrant.

Here is my question:

I want to get a judgment entered in OH and have it become a lien against the real property (perhaps a ACOJ).

So, what is the easiest and cheapest way to do this (assuming that the debtor cooperates and hopefully without the need to pay an attorney to go to court)?

Thank you.
Submitted: 3 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 3 years ago.
If the debtor agrees to a confession of judgment, which they are no longer legally obligated to do, then you can get them to do so, but the Ohio law does not require an attorney but you would need to present the confession/warrant of attorney in court and they will need to be either represented in court by an attorney or appear themselves. You would need to get the forms from the local court library form books to make sure they comport with all of the ORC requirements.

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Customer: replied 3 years ago.


Since I am in NY, it is probably more practicle fore me to hire an attorney
get the judgment enterred.

---------------------------------------------------------------------------

I was not able to find a document that is called an "Affidavit of Confession of Judgment" for Ohio.

Instead I found the following:

http://www.clermontcommonpleas.com/Rulenine.aspx

http://www.bailbyphone.net/bailbyphone/Bail_Bond_Forms/coGNOVIT%20NOTE%5B1%5D%20-%20REAL%20-%20PDF.pdf

http://www.integrativestaffing.com/PDFs/CL_PromissoryNote.pdf

PAGE 7 of http://culvertsinc.com/Documents/NEW%20CREDIT%20APP%20CULVERTS%209-4-08.pdf


In Ohio is an affidavit of confession of judgment more commonly referred to as a PROMISSORY COGNOVIT JUDGMENT NOTE ? If not, can you give me a link to a site that sells the forms?

---------------------------------------------------------------------------------------

P.S. I found the following to be interesting:

http://www.clermontcommonpleas.com/Rulenine.aspx

http://www.szd.com/resources.php?PublicationID=444&method=unique

http://codes.ohio.gov/orc/2323.13

Expert:  Law Educator, Esq. replied 3 years ago.
Yes it is the same thing as the cognovit judgment and you can use the same form, but yes it is generally best to get the attorney in Ohio to get it completed for you.
Customer: replied 3 years ago.
First.... I want to apologize for not getting back with you sooner. I certainly should have responded long before now.

I would like to pay you something for what you have already done for me so well, and then I would like to take this some further too.

Here's is the "further" part:

As you may have recalled, this individual is in the State of New York and has real property in Ohio.

I believe that the debtor would be willing to execute an Affidavit of Confession of Judgment in New York and a Cognovit Judgement for Ohio.

I intend to perfect both judgments in both states.

Can both those documents refer to only ONE debt, so the debtor knows that when the debt is paid, then both judgments will be satisfied?

If so, how can that be done?

Thank you very much for you diligence and patience.
Expert:  Law Educator, Esq. replied 3 years ago.
Yes, both of the documents can refer only to one debt, it is done by describing the debt in particular in the documents.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90489
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 8 other Business Law Specialists are ready to help you
Customer: replied 3 years ago.
Ok....Very well....Thank you very much for all your help.
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you.

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