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OTS 4.3

4.3 ENCUMBRANCES-RELEASE BY ATTORNEY

Problem A:

Does the attorney for a judgment creditor have implied authority to release specific land for a lien, or to satisfy the judgment upon partial payment, or to assign the judgment?

Standard A:

Only the judgment creditor may assign, waive or partially release the judgment. The attorney may release the judgment only if the judgment is paid in full. An attorney for a judgment creditor by reason of the limited agency relating to the case, cannot, without specific authority from his client, assign, waive or partially release the judgment. See Card v. Walbridge, 18 Ohio 411 (1849); Wilson, et al. v. Jennings, et al., 3 Ohio St. 528 (1854), Beard v. Westerman, 32 Ohio St. 29 (1876); Countee v. Armstrong, 9 Dec. Rep. 62 (1876); Holdon v. Lippert, 4 O.C.D. 527, 12 C.R. 767 (1894); and Harrison v. Kirk Bride, 16 O.D. 389 (1883).

(Effective as amended November 16, 1957; originally effective May 21, 1953)

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