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  1. #1
    SFJ1224 is offline Junior Member
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    Question about "dormant judgment"

    What is the name of your state (only U.S. law)? Ohio

    Hello- I am hoping somebody can answer a couple questions for me.

    I received notice as the defendant for a motion called "motion to revive dormant judgment". The original judgment was granted Nov. 27, 2001 for the amount of $250.00.

    The background is that I owned a small business and some guy left his piece of junk car in my lot over-night after our shop did some work. The car was stolen, and he sued me for $500.00. He was awarded $250.00.

    Back then I remember paying this guy. He is a drug addict con artist, and I didn't want anything more to do with him.

    Now almost 10 years later I get this motion to revive dormant judgment.

    He is doing it on his own, so there is no lawyer.

    His phone number listed on the complaint is disconnected, and the one I got from the white pages says "mail-box full" when I call, and I've called about five times in the last couple days.

    How should I handle this when I no longer have financial records from 2001?? I don't even know if I used my personal or business account, I just remember I paid it.

    I'm getting ready to move out of town in three weeks, and do not want to have to come back here for a hearing, especially when this jerk is lying.

    The notice says to respond to plaintiff within 28 days, and then file the same with the court within three days.

    Any advice would be very appreciated.

    Thanks.
  2. #2
    sandyclaus is offline Senior Member
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    Quote Originally Posted by SFJ1224 View Post
    What is the name of your state (only U.S. law)? Ohio

    Hello- I am hoping somebody can answer a couple questions for me.

    I received notice as the defendant for a motion called "motion to revive dormant judgment". The original judgment was granted Nov. 27, 2001 for the amount of $250.00.

    The background is that I owned a small business and some guy left his piece of junk car in my lot over-night after our shop did some work. The car was stolen, and he sued me for $500.00. He was awarded $250.00.

    Back then I remember paying this guy. He is a drug addict con artist, and I didn't want anything more to do with him.

    Now almost 10 years later I get this motion to revive dormant judgment.

    He is doing it on his own, so there is no lawyer.

    His phone number listed on the complaint is disconnected, and the one I got from the white pages says "mail-box full" when I call, and I've called about five times in the last couple days.

    How should I handle this when I no longer have financial records from 2001?? I don't even know if I used my personal or business account, I just remember I paid it.

    I'm getting ready to move out of town in three weeks, and do not want to have to come back here for a hearing, especially when this jerk is lying.

    The notice says to respond to plaintiff within 28 days, and then file the same with the court within three days.

    Any advice would be very appreciated.

    Thanks.
    If you paid it, there should have been a "Satisfaction of Judgment" filed with the court to acknowledge that. If not, and you have no proof (receipt or copy of cancelled check), then be prepared for the courts to revive the judgement, extending the time for collecting on it once again.

    The guy may well be lying, or maybe he is as disorganized as you seem to be when it comes to tracking payments for things. Either way, the burden of proving you paid it falls on you. I would suggesting putting it into high gear and finding the records that prove payment as soon as possible.
  3. #3
    SFJ1224 is offline Junior Member
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    Thanks for the response. Back in 2001 there were no lawyers involved on either side, and I had no idea about filing a "satisfaction for judgment". I figured I had my check which he did cash. He came and got it the NEXT DAY.

    I keep records, but not for ten years. I called my bank and they do not keep records that long either.

    This guy is scamming, this doesn't seem right at all. If banks aren't even required to keep records for 10 years, why am I?

    Plus I'm getting ready to move 900 miles away, and no way am I getting a plane ticket for this. Can I write a letter to the court? Is there anything I can do?
  4. #4
    sandyclaus is offline Senior Member
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    Quote Originally Posted by SFJ1224 View Post
    Thanks for the response. Back in 2001 there were no lawyers involved on either side, and I had no idea about filing a "satisfaction for judgment". I figured I had my check which he did cash. He came and got it the NEXT DAY.

    I keep records, but not for ten years. I called my bank and they do not keep records that long either.

    This guy is scamming, this doesn't seem right at all. If banks aren't even required to keep records for 10 years, why am I?

    Plus I'm getting ready to move 900 miles away, and no way am I getting a plane ticket for this. Can I write a letter to the court? Is there anything I can do?
    Actually, it would have been the creditor who would have to file the Satisfaction of Judgment, not you. Why didn't you make sure that you got one, or at least followed up with the court to make sure that they showed the judgment had been paid in full?

    As for it being 10 years later, and no one having the records anymore, that is YOUR problem. Judgments can often be effective for up to 10 years, with an option to renew/revive it again after that to continue collecting any unpaid balance. Knowing that would have told you that you needed to keep your record of having paid this debt off in the then-unlikely and now present event that the debtor claims not to have been paid off.
  5. #5
    SFJ1224 is offline Junior Member
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    I don't know what you mean by "creditor" was supposed to file and not me, and why didn't I get one?

    I can see you are pretty clear though on the legal issue of me being screwed though since I didn't keep check copies for ten years....or do whatever I was supposed to do legally, but like I said nobody had lawyers, I was shocked he even sued. He only got the $250. because we did an oil change on his car, so he claimed it was in our "custody"... I highly suspect he "stole" it himself and stripped it. Who owns a car worth $250??

    Okay so I'm screwed.... what's my best course of action? I don't want to come back here for a hearing. I'm going to have to pay this scumball AGAIN aren't I??

    Not to mention I have to respond to him in writing then file it with the court. I want to write you already got paid you lying SOB.

    Thanks for trying to help.
  6. #6
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    Isn't there a 10 yr SOL on dormant judgments? OP should keep these types of records forever, together with tax returns.
  7. #7
    sandyclaus is offline Senior Member
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    Quote Originally Posted by SFJ1224 View Post
    I don't know what you mean by "creditor" was supposed to file and not me, and why didn't I get one?

    I can see you are pretty clear though on the legal issue of me being screwed though since I didn't keep check copies for ten years....or do whatever I was supposed to do legally, but like I said nobody had lawyers, I was shocked he even sued. He only got the $250. because we did an oil change on his car, so he claimed it was in our "custody"... I highly suspect he "stole" it himself and stripped it. Who owns a car worth $250??

    Okay so I'm screwed.... what's my best course of action? I don't want to come back here for a hearing. I'm going to have to pay this scumball AGAIN aren't I??

    Not to mention I have to respond to him in writing then file it with the court. I want to write you already got paid you lying SOB.

    Thanks for trying to help.
    Creditor=the person who is owed the money
    Debtor= YOU, the person who owes the money

    And yes, if the "scumball" revives the judgment (which they are allowed to do every 5 years by Ohio law), you will most definitely have to pay it again. I would suggest that you pay the money DIRECTLY to the court. That way, they will have to send the money received to the creditor, and you will have proof that the judgment was paid off.

    Of course, when paying off the judgment again, you MIGHT end up having to pay statutory interest on allegedly unpaid balance (if the creditor demands it). Ohio allows for 10% annual interest to accrue on outstanding judgement balances.
  8. #8
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    Quote Originally Posted by SFJ1224 View Post
    I don't know what you mean by "creditor" was supposed to file and not me, and why didn't I get one?
    Why did you not have one prepared for them to sign-off on? Its a document telling the court (ie the world) that you met your obligations and have discharged the judgment.
  9. #9
    SFJ1224 is offline Junior Member
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    I am taking the advice of sandyclause and going directly to the court and paying this judgement, AGAIN-- early next week. It really burns me that not only do I have to pay it again, but I will probably have to pay interest. I don't expect that the clerk or whoever is going to care about any story I have, so I have accepted that I am truly SOL.

    I will come back and post what the final amount ends up being.

    This has been a tough lesson for me for me to swallow and I will never end up in this boat again.

    And I hope karma bites the guy who is basically stealing from me and getting away with it. He KNOWS what he is doing. Unbelievable how low some people will go. If I ever find away to get a copy of my first check I will make it my mission to see charges are filed against this guy.

    Thanks to everyone who responded.
  10. #10
    SFJ1224 is offline Junior Member
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    Quote Originally Posted by Captian Picard View Post
    Why did you not have one prepared for them to sign-off on? Its a document telling the court (ie the world) that you met your obligations and have discharged the judgment.
    Stupidity. Not realizing 10 years down the road I could be in THIS position.

    It's the only time I have ever been sued. Trust me if I ever have to pay a judgement again, I will be certain to make sure the payment is on record with the court!

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