Is there any effective defense against a party reviving a judgement?
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Is there any effective defense against a party reviving a judgement?
This is a civil case. The corporation (me) is the defendant and a dba as the plaintiff. Judgement from 2002 last collected on in 2005. The plaintiff is requesting to revive the judgement.
Asked on April 17, 2011 under Bankruptcy Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately, it appears that the statute of limitations, or SOL, which is the time period to bring legal action, is 21 years for judgments in Ohio. That means that a judgment creditor, or someone who has a judgment against you for money, has put to 21 years after the entry of the judgment to look to enforce it (such as by seeking garnishment of wages or bank account, putting a lien on property, etc.). Therefore, if a judgment was awarded in 2002, the plaintff (who is now the judgment creditor) would have until approximately 2023 to enforce the judgment. Thus, from what you write, it would appear that the plaintiff can look to collect whatever amounts have not previously been paid under the judgment.
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