Winning a lawsuit and being awarded a judgment can feel like the end of a long journey. The court has officially recognized that someone owes you money. However, this legal victory is often just the beginning of another process: collecting the actual funds. A judgment is a powerful legal document, but it isn’t a self-executing order for payment. It’s up to you, the judgment creditor, to take the necessary steps to enforce it and turn that court order into cash.
This guide will walk you through the essential tools and methods available in Ohio to help you collect the money you are rightfully owed.
Finding the Assets: Tools for Gathering Information
Before you can collect, you need to know what the debtor owns and where their money is. Ohio law provides several tools to help you uncover this crucial information.
- Debtor’s Examination: This is one of the most powerful information-gathering tools. You can legally require the debtor to appear in court and answer questions under oath about their finances. You can ask about their employment, bank accounts, real estate, vehicles, and any other assets they may have. Failing to appear or answer truthfully can result in serious legal consequences for the debtor, including being held in contempt of court.
- Written Interrogatories: As an alternative or supplement to a debtor’s exam, you can send the debtor a list of written questions they must answer under oath. These questions, known as interrogatories, serve the same purpose as an in-person examination, forcing the debtor to disclose details about their income and assets.
- Asset Searches: While not a formal legal procedure, conducting an asset search through public records can be incredibly valuable. You can search county recorder and auditor websites for real estate holdings. The Bureau of Motor Vehicles (BMV) can provide information about vehicle ownership. These searches can help you identify tangible property that could be used to satisfy your judgment.
