To create a certificate of judgment lien in Ohio, you request the certificate from the clerk of the court that issued your judgment and then file it with the clerk of the court of common pleas in every county where the debtor owns real estate. Once filed, the lien attaches to the debtor’s real property in that county and must generally be addressed before the property can be sold or refinanced with clear title.1Ohio Legislative Service Commission. Ohio Revised Code 2329.02 – Judgment Lien, Certificate of Judgment One quirk to know up front: the lien reaches only property the debtor already owns when you file. Land the debtor buys later in the same county is not automatically captured.
What the Lien Reaches
A money judgment gives you the right to collect, but it does not hand you anything. The lien is what ties the debt to the debtor’s real estate so the debt follows the property. If the debtor tries to sell or refinance, the lien surfaces in the title search and typically has to be paid from the proceeds at closing.
The lien attaches to land, houses, and permanent leasehold interests the debtor owns in the county of filing. It does not reach vehicles, bank accounts, or wages. Those require separate tools like garnishment or levy.
And again, timing matters. If the debtor acquires more real estate in the same county after you file, you need to file a new certificate to capture it.
Getting the Certificate From the Issuing Court
The certificate is an official document the clerk of the court that entered your judgment prepares under the court’s seal. You request it from that clerk’s office and pay a small preparation fee, which is generally added to the costs the debtor owes.
Ohio law requires the certificate to contain all of the following:1Ohio Legislative Service Commission. Ohio Revised Code 2329.02 – Judgment Lien, Certificate of Judgment
- The name of the court that rendered the judgment.
- The full title of the action and its case number.
- The names of the judgment creditor and the judgment debtor.
- The last known mailing address of each judgment debtor, which cannot be a post office box.
- The total amount of the judgment, including assessed court costs.
- The interest rate, if the judgment provides for interest, and the date interest began accruing.
- The date the court rendered the judgment.
- The volume and page number, or instrument number, of the journal entry recording the judgment.
Check every entry against the official docket before anything leaves the courthouse. A certificate with wrong or missing information can be rejected at filing or challenged later.
Where to File the Certificate
This is where filers often go wrong. The certificate does not go to the county recorder for ordinary real property. It is filed with the clerk of the court of common pleas in the county where the debtor owns real estate.1Ohio Legislative Service Commission. Ohio Revised Code 2329.02 – Judgment Lien, Certificate of Judgment If the debtor owns real property in more than one county, you must file a separate certificate with the common pleas clerk in each county to create a lien there.2Ohio Legislative Service Commission. Ohio Revised Code 2329.07 – Judgment May Become Dormant
There is one exception. For land registered under Ohio’s Torrens title system, the certificate must also be filed with the county recorder and noted on the land’s certificate of title.1Ohio Legislative Service Commission. Ohio Revised Code 2329.02 – Judgment Lien, Certificate of Judgment Torrens-registered land is uncommon, but if you know the debtor’s property is registered, do not skip that step.
Filing fees vary. Contact the common pleas clerk in each county to confirm the current amount and whether they accept filings in person, by mail, or electronically.
How Long the Lien Lasts
A judgment lien does not sit on the title forever. For judgments not in favor of the state, the lien goes dormant five years after the judgment date or the last qualifying renewal action, whichever is later.2Ohio Legislative Service Commission. Ohio Revised Code 2329.07 – Judgment May Become Dormant Once dormant, the lien no longer encumbers the debtor’s real estate, and your secured position is gone.
To keep the lien alive, you must take at least one of these actions within each five-year window:2Ohio Legislative Service Commission. Ohio Revised Code 2329.07 – Judgment May Become Dormant
- Issue a writ of execution on the judgment.
- Obtain and file an updated certificate of judgment with the clerk of common pleas.
- Issue or maintain an active garnishment order.
- Begin or continue a proceeding in aid of execution to identify and reach the debtor’s assets.
Judgments in favor of the state follow a longer schedule: ten years from the judgment date or last renewal, or fifteen years from the last execution, whichever is later.2Ohio Legislative Service Commission. Ohio Revised Code 2329.07 – Judgment May Become Dormant For private creditors, the five-year deadline is what counts. Calendar it well in advance. Miss it and you start over, and the debtor could sell the property lien-free in the interval.
What Can Still Limit Collection After Filing
Filing creates the lien. It does not guarantee you will see money. Two factors most often decide whether the lien is worth much in practice.
Ohio’s Homestead Exemption
Ohio protects up to $125,000 of a debtor’s interest in their primary residence.3Ohio Legislative Service Commission. Ohio Revised Code 2329.66 – Exempted Interests and Rights If the debtor’s equity is at or below that figure, the lien still attaches, but it cannot be enforced through a forced sale while the debtor lives there. When the debtor later sells or transfers the property, the lien is paid from any equity above the exemption. The exemption does not shield debtors from mortgages, mechanic’s liens, vendor’s liens for the purchase price, state and local tax claims, or certain small manual labor claims.4Ohio Legislative Service Commission. Ohio Revised Code 2329.661 – Certain Claims Not Exempted For a standard money judgment, though, the $125,000 shield applies.
Where You Stand in Line
Ohio generally follows “first in time, first in right.” Your lien beats anything filed later and loses to anything already on record. A pre-existing mortgage gets paid before you from sale proceeds. Property tax liens and assessments carry statutory priority. Mechanic’s liens can also jump ahead, because Ohio dates their priority back to when work first began on the property, even if the mechanic’s lien was recorded after yours.
Before filing in a given county, pull the public records on the property. If a large mortgage and other senior claims consume most of the equity, your lien may secure little, and your filing fee may be the only money that changes hands.
If you do want to force collection rather than wait for a sale or refinance, you can request a writ of execution directing the county sheriff to sell the property at public auction, which triggers appraisal, notice, and minimum-bid rules under Ohio law.5Ohio Legislative Service Commission. Ohio Revised Code 2329.26 – Notice of Sale That is a separate process from filing the certificate.
Releasing the Lien After Payment
Once the debtor pays in full, you are obligated to clear the lien. If the debt was satisfied through a court proceeding, the clerk of that court enters a memorandum of satisfaction on the recorder’s records where the lien was noted.6Ohio Legislative Service Commission. Ohio Revised Code 5301.40 – Mortgage or Lien Satisfied by Suit If the debtor paid you directly, file a satisfaction or release with the clerk of common pleas where the certificate was originally filed.
Dragging your feet creates real exposure. A debtor who cannot sell or refinance because the title is not clear can petition the court to order a release, and the creditor may be liable for the delay. When payment arrives, file the release promptly.