Re: whychat....

Posted by Rlee from OH (199.35.101.58) on November 22, 2003 at 02:19:09:

In Reply to: Re: whychat.... posted by Why Chat on November 21, 2003 at 07:47:45:

Hi Why Chat & Airics, I do not know if this will help clear this up or not but I offer the following. Many years ago my brothers & I were involved in a building business. We had at a one time entered into a written contract with an individual to purchases a certain number of building lots over a couple year period. To make a long story short and not get into a lot of detail we were not able to perform and the individual sued us, and won certain damages for expenses he incurred by haveing the lots longer than originally anticipated. He got a judgement, perfected that judgment. In the state of Ohio, in a case such as this, he had 21 years to collect on that judgement, but he had to renew that judgement every 5 years. He or his lawyer would have to go over to the court house and file some paperwork, not sure what exactly. If he or his attorney would forget to do that, then it is over and they cannot then force collection . It's over
with, finished, done. Is there a grace period, in which to do that, I got the impresssion the answer is no, because it seemed it would always be renewed maybe a month before whatever 5 year period they were on would have expired. I think overall this was renewed I think once close to the end of the 1st 5 year period, and again close to end of this second 5 year period. I think around year 13 (after the initial law suit) we had a bit of a windfall and settled with this person and brought things to a conclusion.
In our case the ORC stated that this was a Judgement with a 21 year SOL collection period.
In Airics case, she or he, has a ORC statute stating that in a deficiency on your personal residence after forclosure, there is a 2 year SOL for collection. After 2 years there is nothing to renew, in my opinion, It is finished, done, over.
I think that since the the GENERAL rule is 21 yr sol on judgements in ohio , these attorneys are stuck in that mode and obviously were not aware of the stature the ariics was bringing up which if I understand it states that in the case of deficiencies on forclosure of personal residences the sol is only 2 years not 21 years. The renewal then is mute, there is nothing to renew.
Getting back to the GENERAL rule on judgements here in ohio with a 21 yr SOL, and why then od they have to be renewed ever 5 years during the course of that 21 year period, I have no idea why, other than they probably make money for filing fees, and obviously the attorneys charge their clients to renew these every 5 years. Who writes the laws, the attorneys, you got it.
Anyway I hope this helps, and I hope the statute that airics is relying upon holds up and the sneaky attorenys accross the street, do not try and pull a fast one on airics.
Hold your ground. They will obviously know the judge, do not let them talk around you, if you get confused by any crap they try to pull you too can ask for a continuance to review things, after all they did ask and get a continuance.

Follow Ups:

Post a Followup