Dormant No Longer. Ohio Revises Dormant Judgment Statutes

December 15, 2016 in Ohio Courts, Post Judgment Execution by Brad Council

On December 8, 2016 the Ohio Senate unanimously passed revisions to Ohio Revised Code section 2329 regarding dormant judgments and the bill now awaits the expected signature of Governor Kasich.  In Ohio, a judgment would become dormant if execution was not issued upon the judgment for a 5 year period.  Revised Code Section 2327.01 defined “execution” specifically as a writ of execution or a certificate of judgment lien.  Garnishments and other proceedings in aid of execution were not considered “execution” for purposes of keeping a judgment active and out of dormancy.  However, with the new revisions to Section 2329, an order of garnishment will now also keep an Ohio judgment from becoming dormant.  The revisions to 2329.07(B)(1)(c) provide that “An order of garnishment is issued or is continuing, or until the last garnishment payment is received by the clerk of courts or the final report is filed by the garnishee, whichever is later.” 

This is great news for all of our client’s who have obtained judgments in the State of Ohio.  The revisions allow for the creditor to seek the most successful and expeditious forms of collection upon the judgment without fear of dormancy.  A creditor is no longer pigeon-holed into issuing execution that may be unfruitful, costly, or unnecessary for the sole purpose of keeping a judgment active and may now continue with the proceedings that have proven the most successful in the case at hand. 

The text and analysis of the bill may be found at the Ohio Legislatures Website:  https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA131-SB-227