Judgement filed in creditors county and not mine?

[snap25]

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

Could I possibly get a judgement dismissed because it was filed in the creditors county? Does the creditor have to come to my county to get a judgement to garnish and levy my bank account?

Is their a law that states if the creditors judgement has to be issued by the debtors county?

A family member is a clerk at a local common pleas county and told me this. She isn't an attorney so I wasn't sure if it were true or not. I understand if it were true, it would just get thrown out until they came a few counties over to file.. I'm just curious.

Thank you.

 

[FlyingRon]

Ohio law (upheld by court decisions) say they pretty much have to either sue you where you live, or where the transaction takes place. They can't sue you in some distant county.

 

[snap25]

Ok. Well looks like I'm out of luck going that route since the county the filed in is where the loan initiated.

Without any moral judgement, I'll explain my reason for asking...

The initial loan would surpass the statue of limitation but not the judgement. But if I could get the judgement dismissed because it wasn't issued in MY county, when the creditor started the process in my county.. I would ask for a dismissal due to SOL.

Oh well, I thought I could play attorney and find away around it.

 

[adjusterjack]

The time to object to "venue" was when you were first sued.

Now that there is already a judgment against you, it's too late.

 

[quincy]

... The initial loan would surpass the statue of limitation but not the judgement. But if I could get the judgement dismissed because it wasn't issued in MY county, when the creditor started the process in my county.. I would ask for a dismissal due to SOL ...

Could you please explain what you mean by, "The initial loan would surpass the statute of limitations but not the judgment?"

Was the lawsuit filed against you AFTER the statute of limitations in Ohio (6 years) had passed or perhaps after the statute of limitations in the state where the creditor is based/where you sent your payments had passed?

A judgment can be vacated if the suit was filed in violation of the FDCPA and past the applicable statute of limitations.

See: Taylor v. First Resolution Inv. Corp., 2016 WL 3345269 (Ohio June 16, 2016)

 

[latigo]

Could you please explain what you mean by, "The initial loan would surpass the statute of limitations but not the judgment?"

Was the lawsuit filed against you AFTER the statute of limitations in Ohio (6 years) had passed or perhaps after the statute of limitations in the state where the creditor is based/where you sent your payments had passed?

A judgment can be vacated if the suit was filed in violation of the FDCPA and past the applicable statute of limitations.

See: Taylor v. First Resolution Inv. Corp., 2016 WL 3345269 (Ohio June 16, 2016)

Wouldn't you agree that that is a bit of an overstatement of Taylor vs. FRIC. Meaning because if doesn't account for those states where the expiration of the statute of limitations does not bar the filing of the cause of action, but is seen as an affirmative defense that must be raised and proven. Which, as the court in Taylor noted is true "in most states."

What is said in Taylor with respect to a statute of limitation is that it is a violation of the FDCPA for a bill collector to file a lawsuit that is time-barred, such as the case in Ohio.

I wish to thank you though as I much enjoyed reading the lengthy Ohio case. This scholarly and exhaustive treatment of the consumer/debt collector/FDCPA subject is a real eye opener. Debt collectors and attorneys alike, BEWARE! Do not plead or pray for relief that you cannot prove, substantiate, document nor support by legal authority!

 

[quincy]

Wouldn't you agree that that is a bit of an overstatement of Taylor vs. FRIC. Meaning because if doesn't account for those states where the expiration of the statute of limitations does not bar the filing of the cause of action, but is seen as an affirmative defense that must be raised and proven ...

I agree I should have said "potentially could" instead of "can." Thanks for the correction.

Taylor was an incredibly boring read, wasn't it? I am impressed that you were able to stay awake reading it.

 

[latigo]

I agree I should have said "potentially could" instead of "can." Thanks for the correction.

Taylor was an incredibly boring read, wasn't it? I am impressed that you were able to stay awake reading it.

I've only read the first 46 pages - majority opinion. Thinking that maybe it was the last 32 you found tiresome I'll skip them.

Have a good one.

 

[quincy]

I've only read the first 46 pages - majority opinion. Thinking that maybe it was the last 32 you found tiresome I'll skip them.

Have a good one.

Haha. I was bored by page one but, devoted forum advisor that I am, I fortified myself with caffeinated beverages and read (and tried to understand) it all.