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Judgement transfer to another county (OH) for Live Execution?

On Lawyer & Legal » bankruptcy & consumer credit

3,730 words with 4 Comments; publish: Thu, 19 May 2005 08:08:00 GMT; (800125.00, « »)

The state is: Ohio

I have a judgement against an ex-boyfriend in one county in Ohio, and I just located him and his property in another county about 70 miles away. I would like to file a live execution on a vehicle he owns. Do I have to transfer the judgement to the county in which he lives? The clerks at the judgement county are about as useful as tits on a boar hog - won't give me a clue as to what is correct procedure. Help!

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  • 4 Comments
    • Quote:
      === Original Words ===

      You need to go to the clerk's office in the county of judgment, and get a Certificate of Judgment for Transfer if the judgment, and then file it in the defendant's county of residence. You then can attempt to levy on his property via the civil rules.
      What he said...Although, to be quite frank, you'd better be prepared to spend a helluva lot of money. Vehicle executions are quite costly. Not to mention a royal pain. What is the make, model and condition of his car? Is there a lienholder? If it's not worth at least a few thousand bucks, and if he's not the sole owner, then you're likely wasting your time. And your money.
      #1; Fri, 20 May 2005 21:24:00 GMT
    • You need to go to the clerk's office in the county of judgment, and get a Certificate of Judgment for Transfer if the judgment, and then file it in the defendant's county of residence. You then can attempt to levy on his property via the civil rules.
      #2; Fri, 20 May 2005 19:51:00 GMT
    • Quote:
      === Original Words ===

      Thanks frankrozanc and stevek3 for your replies. In answer to your question about his vehicle, it is a 1997 Ford van, and he just bought it (3 weeks after I filed the complaint - hmmmmph!) for 5,000 cash, and there are no lienholders, according to the BMV information.

      What other expenses would I expect to have outside of the $400 cash bond the county requires? They quoted a $50-60 towing fee and $8-10 a day for storage for 3-4 weeks until the sale, plus any advertising. All of those things should add up to around the $400 cash bond, which I am willing to put out up front, even if it means only getting 1/2 of my judgement ($1,900). Am I crazy?

      You're not crazy. In fact, you are damn fortunate. Probably less than 1 in a 1,000 are in a position you're in. The vehicle has value and there are no lienholders. You'll have to ante up the towing and storage deposit, and you'll have to pay for appraisers and advertising, but unless he files for bankruptcy, you're going to get some money. The vehicle sells for a minimum of 2/3 of the appraised value. He also gets a $1,000 exemption if he shows up at the exemption hearing. If there are no other bidders, you can buy it yourself. More than likely, he'll come up with the money long before the sale date. It's either that, or he'll file for bankruptcy. One or the other. At least that's been my experience. When you put a guy on foot, he'll have a reason to consider his options.
      #3; Mon, 23 May 2005 21:42:00 GMT
    • Thanks frankrozanc and stevek3 for your replies. In answer to your question about his vehicle, it is a 1997 Ford van, and he just bought it (3 weeks after I filed the complaint - hmmmmph!) for 5,000 cash, and there are no lienholders, according to the BMV information.

      What other expenses would I expect to have outside of the $400 cash bond the county requires? They quoted a $50-60 towing fee and $8-10 a day for storage for 3-4 weeks until the sale, plus any advertising. All of those things should add up to around the $400 cash bond, which I am willing to put out up front, even if it means only getting 1/2 of my judgement ($1,900). Am I crazy?

      #4; Mon, 23 May 2005 14:43:00 GMT