Can I execute my judgment on the car of the judgment debtor in Ohio?
Full Question:
Answer:
In Ohio, when the party in a case receives a judgment, it is the responsibility of the Judgment Creditor to collect from the Judgment Debtor. By way of the judgment, the Court has confirmed that the Debtor has a legal, enforceable obligation to pay.
If the Judgment Debtor fails to pay within fifteen (15) days of the judgment, the Judgment Creditor may, through the court, seize the Judgment Debtor's property, sell it, and collect the judgment from the proceeds. This process is referred to as "Execution on Property".
Ohio law defines certain property as being "exempt" from execution. Prior to processing an execution, the Judgment Creditor must have some reasonable expectation that the property to be attached and sold is not exempt.
In the case of personal property (household goods, cars, jewelry, etc.), the exemptions are defined in terms of the Debtor's "interest" (in dollars) in that property.
For example, the law exempts the Debtor's "interest", not to exceed one thousand dollars ($1,000.00) in one motor vehicle. That means if the car is attached and sold, the first thousand dollars ($1,000.00) of the sale proceeds must go back to the Judgment Debtor. Thus, a Judgment Creditor seeking to collect a $500.00 judgment would gain nothing at all from an execution on a car which ultimately sold for $999.00. The judgment could not be collected unless the car sold for at least $1,500.00.
Although the concept is rather simple, the laws on execution have made it a bit more complicated. Again, you may want to consult with an attorney before going through this procedure. As explained below, execution against personal property to collect a judgment will usually make sense only when the property involved is worth considerably more than the amount of the judgment.
