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RONB-ESQ
RONB-ESQ, Lawyer
Category: Legal
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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The issue is regarding a Motion to Revive a Judgement in

Customer Question

Customer: The issue is regarding a Motion to Revive a Judgement in Ohio. A default judgement was issued on April 22, 2003. The creditor has asked the court to revive the judgement and I'm just wondering how I can resolve this without the courts reviving the judgement?
JA: Thanks. Can you give me any more details about your issue?
Customer: On April 22, 2003, a default judgement was entered against me in an Ohio Court in the amount of $1,664.10 plus interest at 10% per year and plus Plantiff's cost. This was for the failure to pay a credit card debt. On 12/31/2015, the creditor filed a motion to revive the judgment and I just want to know how I can resolve this issue.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $36) to post your type of question to Legal Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: yes
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Submitted: 1 year ago.
Category: Legal
Expert:  RONB-ESQ replied 1 year ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

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Expert:  RONB-ESQ replied 1 year ago.

Typically in Ohio the statute of limitations for a judgment is 10 years. That 10 years starts once the judgment becomes dormant. If a writ of execution or some other legal means was used to try and enforce the judgment like a garanishment or levy against a bank account within the last 10 years and then after that no other action was taken then the judgment became dormant after the issuance of any such writ against your bank or a garnishment action. If the judgment became dormant within 10 years then the only option the judgment creditor has to keep it alive is to file a motion with the Court to revive it.

This is not something you can typically challenge legally unless the judgment is shown to have been dormant more than 10 years and then you could file some response objecting to the judgment creditors motion due to the statute of limitations. It would be helpful for you to search the Court's records on this case and confirm that the Judgment creditor sought some action to enforce within the last 10 years. If they did not then you should object. If they did seek any legal post judgment remedy within the last 10 years then they have the legal right to revive the judgement.

If you find that they do have the right to revive it then you may want to contact them and seek to pay some amount like 40-50% as a lump sum offer and see if they will accept that and in exchange file a release of judgment and provide you a copy to prove to anyone checking your credit that the judgment has been satisfied.,

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Regards,

Ron

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