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  1. #1
    Join Date
    Aug 2012
    Posts
    1

    Default Judgment Collection

    Hello,

    My question involves a judgment in the State of Ohio. I was a victim of crime from a debt elimination company that was prosecuted and sentence to prison for fraud. They stated they could legally eliminate credit card debt in lieu of filing for bankruptcy and get an arbitration award in my favor. After the prosecution, I found out the bases of this company was that they could eliminate credit card debt based on loopholes in the banking laws.

    This was back in 2004 when I entered in the debt elimination program and since then, I had to go to court "pro se" (as I had no money for lawyer), as I was sued by a law firm that stated they were represented by the credit card company when I tried to confirm the arbitration award with the courts. I kind of find this hard to believe as my account was charged off by the credit card company in 2004 and it moved around 4 times to different collection agency. I never did see the retainer showing the law firm was actually hired by the credit card company and thought they were just another collection agency. Would this be included in the transcripts from the court hearing as I am going to buy this?

    Back in 2005, a Judgment was issued against me, but to this day, my credit card only showed a charge off from the credit card company, which has fallen off my credit report as its been 7 years, plus there has never been any remarks on my credit report of a Judgment, nor has the law firm collected on this judgment via garnishment, liens, etc.

    My main question is, what is the SOL for the law firm to confirm the judgment or if they even have to, as I am assuming they would have to validate this judgment in the courts? I have read online that judgments can last for 21 years, but again, does this need confirmed/validate to make it legit first?

    I work for the government and even though I have been employed since 2007, that my credit score is excellent, never been late on any payments (mortgage, car, utilities, school loans, etc.) and that I have provide documentation of me being a victim of crime, the government is saying that this debt is still mine and that my trustworthiness has raised questions, that I have not made a good faith effort to pay, settle, resolve this debt nor have I shown any documentation that I have been relieved of this debt and I need to provide proof of this or I will lose my job...

    Should I get the transcript to see if the judgment is valid and/or should I just call the law firm that was awarded the judgment to settle this debt? I am kind of scared to stir up a honest nest with the law firm as the judgment was for $29,656.96 ($15,723.89 to credit card company & $13,193.38 to law firm for civil contempt) and if this judgment isn't valid, then why call...

    Another thing is that the law firm sent me the judgment paperwork, but this never had the judge signature on it, so can someone PLEASE provide me with my options as I do not wish to lose my career as I have 60 days from 08/09/12 to resolve this.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Judgment Collection

    If you went to court and lost, you went to court and lost. You don't get to go back almost a decade later with new defenses you could have raised in the original trial. If you chose not to dispute the plaintiff's ownership of the debt at trial, the court's finding in favor of the plaintiff cannot now be attacked on that ground.

    In terms of the judgment, speaking generally,
    Quote Quoting O.R.C. Sec. 2329.07 - Judgment may become dormant.
    (A)

    (1) 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.

    (2) If the judgment is in favor of the state, the judgment shall not become dormant and shall not cease to operate as a lien against the estate of the judgment debtor provided that either execution on the judgment is issued or a certificate of judgment is issued and filed, as provided in sections 2329.02 and 2329.04 of the Revised Code, within ten years from the date of the judgment or within fifteen 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, except as otherwise provided in division (C) of this section. The fifteen-year limitation period applies to executions issued and certificates of judgments issued and filed before, on, or after the effective date of the amendment of this section by …....... of the 126th general assembly.

    (B) If, in any county other than that in which a judgment was rendered, the judgment has become a lien by reason of the filing, in the office of the clerk of the court of common pleas of that county, of a certificate of the judgment as provided in sections 2329.02 and 2329.04 of the Revised Code, and if no execution is issued for the enforcement of the judgment within that county, or no further certificate of the judgment is filed in that county, within five years or, if the judgment is in favor of the state, within fifteen years from the date of issuance of the last execution for the enforcement of the judgment within that county or the date of filing of the last certificate in that county, whichever is the later, then the judgment shall cease to operate as a lien upon lands and tenements of the judgment debtor within that county, except as otherwise provided in division (C) of this section. The fifteen-year limitation period applies to executions issued and certificates of judgments issued and filed before, on, or after the effective date of the amendment of this section by H.B. 699 of the 126th general assembly.

    (C)

    (1) As used in division (C) of this section, “interim period” means the period beginning September 26, 2003, and ending September 27, 2006.

    (2) Division (C) of this section applies only to judgments in favor of the state that are subject to this section and to which both of the following apply:

    (a) The first issuance of execution on the judgment, or the first issuance and filing of the certificate of judgment, was issued or issued and filed within the ten-year period provided in this section before the beginning of the interim period;

    (b) Subsequent issuance of execution on the judgment or subsequent issuance and filing of the certificate of judgment would have been required during the interim period in order to keep the lien from becoming dormant under this section as this section existed on September 25, 2003, and as if this section as it existed on that date had been in effect during the interim period.

    (3) Such a judgment shall not become dormant and shall not cease to operate as a lien against the estate of the judgment debtor if either execution on the judgment is issued or a certificate of judgment is issued and filed, as provided in sections 2329.02 and 2329.04 of the Revised Code, within fifteen years after the expiration of the ten-year period following issuance of the last execution on the judgment or following the issuance and filing of the last such certificate, whichever is later.
    Quote Quoting O.R.C. Sec. 2325.18 - Limitation.
    (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.

    (B) For the purpose of calculating interest due on a revived judgment, interest shall not accrue and shall not be computed from the date the judgment became dormant to the date the judgment is revived.

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