Cincynewbie
Junior Member
What is the name of your state (only U.S. law)? Ohio
An order was made against the losing party for costs and fees, but the clerk has failed to properly serve the party in each instance, sending the correspondence to the wrong address (also no proof of service via certified mail). A final notice was sent over a month ago (again to the wrong address), but the party found out about it online. Additional fees have been added and a certificate of judgment is supposedly to be issued against the party, though failure to comply was at no fault of his own.
Further, the party was granted leave to proceed in forma pauperis and all filing fees were waived throughout the litigation, so would he not have valid grounds to request the costs waived as well? What is his recourse in either event?
An order was made against the losing party for costs and fees, but the clerk has failed to properly serve the party in each instance, sending the correspondence to the wrong address (also no proof of service via certified mail). A final notice was sent over a month ago (again to the wrong address), but the party found out about it online. Additional fees have been added and a certificate of judgment is supposedly to be issued against the party, though failure to comply was at no fault of his own.
Further, the party was granted leave to proceed in forma pauperis and all filing fees were waived throughout the litigation, so would he not have valid grounds to request the costs waived as well? What is his recourse in either event?