Motion to revive dormant judgement

[Sleww]

Ohio

Greetings,

I recently received a motion to revive a dormant judgment against me. This was for a repossession of a car in 2004 2005. I had some work opportunities that took me out of the state and let my dad assume payments of my car since I wouldn’t be using it, unfortunately he did not make payments and the car was repossessed. I was not made aware of this until I return several months later. I was a friend of the car dealer and contacted the credit agency which are used to attain my loan to start making payments. They told me they had sold the debt off to another collection agency I contacted them, and they told me the dates of the debt off but they didn’t have a record of who purchased it. I then sought legal counsel about my situation and was advised that since I couldn’t contact a debtor it would be impossible for me to pay on it what would likely happen is that the credit will take me to court and if I didn’t show up I would have to pay off the debt. But then I would have a record of who I ordered that to a good start making payments which is what my plan was. I have never received any of those documents. I then receive this motion to revive a dormant judgment there’s a variety of language in this, To me it seems like this would have gone beyond five years and would not qualify for revival. Am I grossly off point here?

Any advice would be appreciated.

Thank you very much and be safe

 

[Zigner]

Ohio

Greetings,

I recently received a motion to revive a dormant judgment against me. This was for a repossession of a car in 2004 2005. I had some work opportunities that took me out of the state and let my dad assume payments of my car since I wouldn’t be using it, unfortunately he did not make payments and the car was repossessed. I was not made aware of this until I return several months later. I was a friend of the car dealer and contacted the credit agency which are used to attain my loan to start making payments. They told me they had sold the debt off to another collection agency I contacted them, and they told me the dates of the debt off but they didn’t have a record of who purchased it. I then sought legal counsel about my situation and was advised that since I couldn’t contact a debtor it would be impossible for me to pay on it what would likely happen is that the credit will take me to court and if I didn’t show up I would have to pay off the debt. But then I would have a record of who I ordered that to a good start making payments which is what my plan was. I have never received any of those documents. I then receive this motion to revive a dormant judgment there’s a variety of language in this, To me it seems like this would have gone beyond five years and would not qualify for revival. Am I grossly off point here?

Any advice would be appreciated.

Thank you very much and be safe

You're misunderstanding how it works. The five years applies to the length of time without activity before a judgment becomes dormant. The creditor then has ten years to revive the judgment. That means that the credit has until 2019 to file to revive the judgment.

http://codes.ohio.gov/orc/2325

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.


http://codes.ohio.gov/orc/2329.07 - lists explains the five year period prior to a judgment becoming dormant.

 

[FlyingRon]

The date the car was repo'd and other "dates of the debt" aren't necessarily the start time on the five years either. Typically, you default and then then they repo and then they can sue for the deficiency which can be as long as EIGHT YEARS after the the default. Then however long it takes the court to issue the judgement and THEN the five year clock starts and then after those five years the judgment becomes dormant they have ten years to revive it.

 

[Zigner]

The date the car was repo'd and other "dates of the debt" aren't necessarily the start time on the five years either. Typically, you default and then then they repo and then they can sue for the deficiency which can be as long as EIGHT YEARS after the the default. Then however long it takes the court to issue the judgement and THEN the five year clock starts and then after those five years the judgment becomes dormant they have ten years to revive it.

Yep yep - good point(s).