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Small Claims summons from Ohio municipality

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Islandrunner50

Junior Member
What is the name of your state? I live in Michigan.

My wife and I recently received a summons from a small claims court in Port Clinton, OH. It is in regards to a contract we signed 17 years ago involving ownership of a part of a resort/marina complex. We were unable to fulfill the obligations on this contract due to illness and loss of my job. I tried to quitclaim it years ago, but they wanted $2,000.00 which I didn't have. We hadn't heard from them for over seven years until recently when we got the summons for accumulated membership fees, etc. of $3,000.00 each.

My question is: Can a municipal court in Ohio enforce a default judgment through small claims court on residents of another state (We live in Michigan). They threaten to attach a lien to property or garnish wages. Can they do this?
 


J

JETX

Senior Member
Islandrunner50 said:
Can a municipal court in Ohio enforce a default judgment through small claims court on residents of another state (We live in Michigan). They threaten to attach a lien to property or garnish wages. Can they do this?
Click to expand...
Yes... and no. The judgment creditor (not the court) certainly has the right to attempt to enforce the judgment within those processes allowed by law. In this case, since you are out of state, you are beyond the 'reach' of the court. You can ignore them (and increase the courts possible 'wrath'), or answer their notice with a "NA-NA, we are outside your jurisdiction!" :D

The judgment creditor could (if they wanted) simply domesticate the OH judgment into your state.... then pursue their claim against you.
 
S

seniorjudge

Senior Member
Islandrunner50 said:
What is the name of your state? I live in Michigan.

My wife and I recently received a summons from a small claims court in Port Clinton, OH. It is in regards to a contract we signed 17 years ago involving ownership of a part of a resort/marina complex. We were unable to fulfill the obligations on this contract due to illness and loss of my job. I tried to quitclaim it years ago, but they wanted $2,000.00 which I didn't have. We hadn't heard from them for over seven years until recently when we got the summons for accumulated membership fees, etc. of $3,000.00 each.

My question is: Can a municipal court in Ohio enforce a default judgment through small claims court on residents of another state (We live in Michigan). They threaten to attach a lien to property or garnish wages. Can they do this?
Click to expand...
Ignore this summons at your own great peril.
 
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