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default judgement -- vacate

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kingmob

Junior Member
What is the name of your state (only U.S. law)? Ohio

I became aware of a default judgment entered against me approximately 12 hours ago, opening a letter sent to my home address warning me that the law firm representing the plaintiff intended to open court action to garnish wages.

I was served in the matter, along with a co-defendent, at the co-defendent's place of residence. I have never resided there(I actually had to check the address to see where it was located). Court records available online indicate that I was served once by certified mail, and that when that was unsuccessful by regular mail. The court records don't contain any record of service by publication, but I don't know if they would.

I have only limited ability to discuss the actual case as I genuinely don't know the basis for complaint. The case was opened by a rental agency from whom I leased apartments for three years. My co-defendent and I shared an apartment for the last year of this period; I moved out in the summer of 2000(I believe my lease expired in August or September of 2000). He continued residence there until, I believe, 2003, but he and I have had almost no contact since I left the apartment.

The court records indicate "COMPLAINT FOR CONTRACTS/NOTES/ACCOUNTS," which I have to assume indicates damage to the apartment or unpaid rent, but I can't be sure.

I was served in October 2005. Default judgement was rendered against me in August 2006.

I have not made any effort to avoid this summons, and I had no idea of the existence of this case. As I said, I can only speculate what the substance of the case involved. Had I been served I think I would have been able to defend on the merits, since I didn't damage the apartment or owe them any rent when I left, but that is more speculation.

I am waiting for a return call from a lawyer; I want to know the feasibility of vacating on grounds of improper service. To me, morally, this seems like a clear-cut case where I didn't receive due process, but I'm aware that the law is a blunt instrument. I've spent the last (sleepless) night trying to read Ohio's civil code online, and it seems vague about failed service and ground for vacation, but what seems vague to me might be clearcut to an attorney.

I want to move quickly to file to vacate, and I want to show that I moved quickly to file to vacate; my reading of the civil code suggests that that matters.

What are my chances? What other information do you need?
 


dolebot

Member
You need to prove that you were NOT served. Served at an address where you never lived - Establish residency on that date at a different address.

Your lawyer will be very helpful, should be quick and easy.
 

kingmob

Junior Member
Any thoughts on establishing residency? I do not have a copy of the lease from that time period. I might have other mailings I received at that address around that time, and it's been on my driver's license around that long.
 

You Are Guilty

Senior Member
Any thoughts on establishing residency? I do not have a copy of the lease from that time period. I might have other mailings I received at that address around that time, and it's been on my driver's license around that long.
Anything and everything you can dig up showing a date and another address will be helpful, it's just the degree to which it will help that is up to you. For example, an official DMV driving abstract (may have to pay a small fee to get it) will be more probative than an envelope from a handwritten letter by an ex-girlfriend.

If you can't get "quality", go with "quantity".
 

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