To create a certificate of judgment lien in Ohio, request the certificate from the clerk of the court that entered your judgment, then file it with the clerk of the court of common pleas in each county where the debtor owns real estate. Once filed, the lien attaches to the debtor’s real property in that county and has to be dealt with before the property can be sold or refinanced with clear title. It reaches land the debtor owns at the moment of filing; property the debtor buys later is not automatically covered.
What the Lien Does Once Filed
A money judgment gives you the right to collect but no money in hand. The certificate of judgment lien ties that debt to the debtor’s real property so a title search will surface it. If the debtor tries to sell or refinance, the debt typically has to be paid from the proceeds before the deal closes.1Ohio Legislative Service Commission. Ohio Revised Code 2329.02 – Judgment Lien, Certificate of Judgment
The lien attaches to real estate: land, houses, and permanent leasehold interests in the county where you file. It does not reach vehicles, bank accounts, or wages. Those require separate tools like garnishment or levy.
One boundary catches creditors off guard. The lien only covers property the debtor owns when you file. If the debtor buys additional real estate in the same county afterward, your existing lien does not extend to it. You would need to file a fresh certificate to capture the new parcel.
What the Certificate Must Contain
The certificate is prepared by the clerk of the court that entered the judgment, issued under the court’s seal for a small preparation fee that is generally added to the costs the debtor owes. Ohio law requires the certificate to include every one 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 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 court’s docket before filing. A missing or wrong detail can get the certificate rejected at the counter or challenged later.
Where to File the Certificate
This is the step most people misroute. The certificate does not go to the county recorder for standard real property. It goes to 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 property in more than one county, you need a separate certificate filed with the common pleas clerk in each one.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 certificate of title for the land.1Ohio Legislative Service Commission. Ohio Revised Code 2329.02 – Judgment Lien, Certificate of Judgment Torrens registration is uncommon in most Ohio counties, but if you know the debtor’s parcel is registered, don’t skip that second filing.
Filing fees vary by county. Call the clerk of common pleas in the county where you plan to file to confirm the current fee and how they accept submissions. Most take filings in person and by mail, and some have electronic filing.
Keeping the Lien Alive: Dormancy and Renewal
A judgment lien is not permanent. For a private creditor, the judgment goes dormant five years after the date it was entered or the date of your last qualifying 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 you lose your secured position.
To keep the clock running, take at least one of these actions within every five-year window:2Ohio Legislative Service Commission. Ohio Revised Code 2329.07 – Judgment May Become Dormant
- Request a writ of execution on the judgment.
- Obtain and file a new certificate of judgment with the clerk of common pleas.
- Issue or maintain an active garnishment order.
- Commence or continue a proceeding in aid of execution to identify and reach the debtor’s assets.
Calendar the five-year deadline well in advance. Miss it by a day and you start over. In the gap, the debtor could sell the property free of your lien.
What the Lien Will Actually Collect
Filing creates the lien, but two things determine how much you can realistically recover: where you stand in line, and the homestead exemption.
Ohio follows a general first-in-time, first-in-right rule. Your judgment lien beats anything filed after it and loses to anything already recorded. A mortgage the debtor took out before you filed gets paid first from any sale proceeds. Property tax liens and assessments carry statutory priority over most other claims. 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 itself was recorded later. If the debtor’s property has a heavy existing mortgage and thin equity, your lien may secure very little. It’s worth pulling the county’s public records before filing to see what senior claims already sit on the parcel.
Ohio also protects up to $125,000 of a debtor’s interest in a primary residence through the homestead exemption.3Ohio Legislative Service Commission. Ohio Revised Code 2329.66 – Exempted Interests and Rights Your lien still attaches, but if the debtor’s equity is at or below that figure, you cannot force a sale while the debtor lives there. When the debtor eventually sells or refinances, the lien has to be satisfied from any equity above the exempt amount.
Releasing the Lien After Payment
When the debtor pays the judgment in full, you’re obligated to release the lien so the title clears. If the debt was satisfied through a court proceeding, the clerk of that court enters a memorandum of satisfaction on the records where the lien was noted.4Ohio Legislative Service Commission. Ohio Revised Code 5301.40 – Mortgage or Lien Satisfied by Suit If the debtor pays you directly, file a satisfaction or release with the clerk of common pleas where you originally filed the certificate.
Don’t sit on this step. A satisfied but unreleased lien can keep the debtor from selling or refinancing, and a debtor in that position can ask the court to order a release and pursue the creditor for the delay. Once you’re paid, file the release.