Debtor taking legal action

[pat0265]

What is the name of your state? Ohio (where I currently live)
State of Tennessee (Where debt was incurred)

I filed chapter VII bankruptcy in 2001 but my ex-husband and I reaffirmed on our home (1st and 2nd) mortgage. We were divorced 1 1/2 years later. I lost our home to foreclosure due to the fact that we had a large mortgage payment and he is not paying child support. Now the 2nd mortgage holder is contacting me for payment. I am remarried and not working so that I can stay at home with my severly handicapped 10 year old son. I have no assets and no income. I offered to make payments if and when I ever started receiving child support on a regular basis. They said they were turning it over to an attorney. Please let me know what they can legally do to me. I feel like I have no options.

[Ladynred]

If you have no income they can attach, and no assets they can sieze, there's not a whole lot they can take from you. They CAN sue you and judgments in OH are good for 20 years, so they can hound you for a long time to come. If you have joint bank accounts with your DH, get your name OFF the account. A judgment creditor could sieze that money and your DH would have to fight to get that money back (if its all his).

[stevek3]

Originally Posted by Ladynred

If you have no income they can attach, and no assets they can sieze, there's not a whole lot they can take from you. They CAN sue you and judgments in OH are good for 20 years, so they can hound you for a long time to come. If you have joint bank accounts with your DH, get your name OFF the account. A judgment creditor could sieze that money and your DH would have to fight to get that money back (if its all his).

Out of curiosity, where did you come up with that nonsense about Ohio judgments being good for 20 years?

[Ladynred]

It was a GENERALIZATION for cryin' out loud - go crawl back under your rock Steve-o. I wasn't in the mood at that hour last night to go digging around the atrocious OH statutes for hours just to find the EXACT cite.

From an OH lawyer's website:

Judgment Lien - general 5 years ORC §2329.07 Renewable ? Yes - Indefinitely
Judgment Lien - Ohio State 10 Years ORC §2329.07 Renewable ? Yes - Indefinitely

Happy now ?? OH judgments can follow you to your grave. HOWEVER, they DO go dormant if not renewed every 5 years !

§ 2329.07. Judgment may become dormant.

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.

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.

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 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, unless the judgment is in favor of the state, in which case the judgment shall not become dormant.

[anabanana]

You go, sister! Let 'em have it. Jeez, no good deed goes unpunished around here... or anywhere else, I suppose...

[Ladynred]

Thanks AnaB !!

[stevek3]

Originally Posted by Ladynred

It was a GENERALIZATION for cryin' out loud - go crawl back under your rock Steve-o. I wasn't in the mood at that hour last night to go digging around the atrocious OH statutes for hours just to find the EXACT cite.

From an OH lawyer's website:

Happy now ?? OH judgments can follow you to your grave. HOWEVER, they DO go dormant if not renewed every 5 years !

This is a first and an absolute miracle...You have finally posted facts concerning Ohio law that are actual facts instead of made-up stuff from your own head and/or from idiotic websites that make up their own stuff along the way. So yes, to answer your question, I am very, very happy. Delirious. Tickled pink. Madly ecstatic. Filled to the brim with wonder and insanely intoxicated with delight. It's like Mardi Gras. Any chance you'll be flashing your boobs?