Winning your lawsuit is a major victory, but it is often only half the battle. Getting the money you are actually owed is where the real work begins. If an Ohio court awards you a judgment, the losing party—the debtor—might not simply write you a check and walk away.
When a debtor refuses to pay, you have to take action to enforce the court’s order. Ohio law provides creditors with several powerful tools to recover their money. This guide explores the most effective methods you can use to collect your judgment, including debtor exams, writs of execution, Sheriff Sales, and real estate foreclosures.
Discovering Assets: The Judgment Debtor Exam
Before you can seize a debtor’s property, you need to know what they actually own. A judgment debtor exam serves as a formal fact-finding mission.
Through this process, you compel the debtor to return to court and answer questions about their finances under oath. You can require them to bring specific financial documents, such as tax returns, bank statements, pay stubs, and property deeds.
During the exam, you can ask detailed questions about their bank accounts, employment status, vehicles, business assets, and real estate holdings.
If the debtor lies under oath, they face perjury charges. If they fail to show up, the court can hold them in contempt and issue a warrant for their arrest. The information you gather during this exam provides the exact roadmap you need to target their assets.
Seizing Property: Writs of Execution
Once you locate the debtor’s assets, you can ask the court for a writ of execution. This is a formal court order directing a local law enforcement officer—typically a bailiff or sheriff—to seize the debtor’s personal property.
You can use a writ of execution to target a wide variety of assets, including business equipment, inventory, vehicles, and valuable personal items.
However, Ohio law does protect certain basic necessities from seizure through “exemptions.” For example, a debtor can protect a specific amount of equity in their primary vehicle or basic household goods.
An experienced attorney can help you navigate these exemptions and target non-exempt assets that hold real value.
Liquidating Assets: The Sheriff Sale
Merely seizing property does not automatically put cash in your pocket. To convert those physical assets into money, the items must go through a Sheriff Sale.
A Sheriff Sale is a public auction managed by local law enforcement. The seized assets are advertised to the public and sold to the highest bidder.
Once the sale concludes, the sheriff deducts the administrative costs of hosting the auction. The remaining proceeds go directly to you, the creditor, to satisfy the outstanding judgment.
Real Estate: Judgment Liens and Foreclosures
Real estate often represents a debtor’s most valuable asset. If the debtor owns land or a home in Ohio, you can file a “certificate of judgment” in the county where the property is located.
Filing this certificate places a formal judgment lien on the debtor’s real estate. A lien clouds the property’s title, meaning the debtor cannot easily sell or refinance the property without paying off your judgment first.
While a lien secures your place in line to get paid eventually, you do not have to sit around and wait for the debtor to sell the property.
You can take an active approach by filing a foreclosure lawsuit based on your judgment lien. In a foreclosure, the court forces the sale of the real estate to pay off the debts attached to it.
While you must account for any prior mortgages or tax liens, a real estate foreclosure remains one of the most powerful ways to collect a large judgment.
Take the Next Step to Recover Your Money
Collecting an unpaid judgment requires persistence, a thorough understanding of Ohio law, and the right legal strategy. Do not let your hard-fought court victory turn into a useless piece of paper.
If you need help tracking down assets or forcing a debtor to pay what they owe, reach out to our legal team today at Yonas & Phillabaum. We can evaluate your case, locate the debtor’s hidden assets, and use the full force of the law to recover your money.
