A judgment/creditor has filed a motion to revive a dormant judgment. I have no idea as to the original creditor or imposition of a judgment other than the clerk's record indicating judgment was rendered 10yrs 4mos ago. In responding to the court and plaintiffs atty within prescribed time frame I am seeking a statue or response that could serve to stay this revivor. This matter has been filed/entered in Ohio. Thank-you.
1 Answer from Attorneys
Ohio Revised Code §2329.07(A)(1) states:
If neither execution on a judgment rendered in a court of record or certified to the clerk of the court of common pleas in the county in which the judgment was rendered is issued, nor a certificate of judgment for obtaining a lien upon lands and tenements is issued and filed, as provided in sections 2329.02 and 2329.04 of the Revised Code, within five years from the date of the judgment or within five years from the date of the issuance of the last execution thereon or the issuance and filing of the last such certificate, whichever is later, then, unless the judgment is in favor of the state, the judgment shall be dormant and shall not operate as a lien upon the estate of the judgment debtor.
However, pursuant to ORC §2325.18:
(A) An action to revive a judgment can only be brought within ten years from the time it became dormant, unless the party entitled to bring that action, at the time the judgment became dormant, was within the age of minority, of unsound mind, or imprisoned, in which cases the action may be brought within ten years after the disability is removed.