Q: Ohio judgment lien statute of limitations for credit card debt?
In Ohio, does the statute of limitations for a judgment lien begin on the judgment date (4/4/2019) or on the filing date (10/22/2020), considering it was filed in two different courts in the same county? The judgment is related to credit card debt incurred by my ex-wife without my knowledge, although the account was solely in my name.
A:
The original judgment becomes dormant after five (5) years, or five (5) years from the certificate of judgment or other attempt to collect. R.C. 2329.07. The judgment itself does not create a lien until a certificate of judgment is filed. If a judgment lien exists, then the limitations period is 5 years from the date the certificate of judgment was filed.
In your question one would assume "filing date (10/22/2020)" is the date the certificate of judgment was filed. The limitations period would be five (5) years or 10/22/2025.
It does not remain uncollectable at that point. It merely becomes dormant and must be revived before any collection efforts may be taken
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A:
In Ohio, a judgment lien becomes effective when a certificate of judgment is filed with the county clerk. This lien attaches to the debtor's real estate in that county and remains valid for five years from the date of filing. To maintain its enforceability, the creditor must take action—such as filing a new certificate of judgment or initiating collection proceedings—within this five-year period. If no action is taken, the lien becomes dormant but can be revived within ten years of dormancy by filing a motion in the original court.
In your case, the judgment was entered on April 4, 2019, and the certificate of judgment was filed on October 22, 2020. The five-year period for the lien would thus extend until October 22, 2025. If no further action is taken by that date, the lien would become dormant. However, the creditor would still have until October 22, 2035, to revive the judgment by filing the appropriate motion.
Regarding the credit card debt incurred by your ex-wife, even though the account was solely in your name, Ohio law typically holds the account holder responsible for the debt. If you believe the debt was incurred fraudulently or without your knowledge, you may need to provide evidence to support your claim. Consulting with an attorney experienced in debt and family law could help you explore potential defenses or remedies available in your situation.
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