Ohio Sample Letter to Judge submitting Default Judgment
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FAQ
Yes, you can settle a debt even if a lawsuit has already been filed against you. Some lenders may allow you to pay off your debt through either a repayment plan or partial lump-sum settlement.
If you never knew you were being sued, and motion for default judgment is filed against you, you should respond with a Motion to Vacate Judgment, also known as a Motion to Set Aside Judgment.
And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Ohio, a judgment lien can be attached to real estate only (such as a house, land, or similar property interest).
If the judgment debtor fails to pay, the judgment creditor may request that the court seize the debtor's property, sell it, and collect the judgment from the proceeds.
Ohio Revised Code If an execution sale does not take place within a period of five years (where the plaintiff is someone other than the state) or between 10 and 15 years where the plaintiff is the state, the underlying judgment becomes dormant.
Under CCP § 473(b), the court may set aside a default and default judgment if the defendant asking for the set aside presents enough evidence to the court to demonstrate that the default was entered by inadvertence, mistake, surprise, or excusable neglect.
You must file a Motion to Set Aside Default Judgment and Notice of Hearing within 30 days of the date the default judgment was signed by the judge. See Texas Rule of Civil Procedure 329(b). In Justice Court, the deadline is 14 days.
Once a creditor has a obtained the judgment, they seek to collect the money owed under the judgment through various means including: garnishing wages, placing a lien on a debtor's bank account and withdrawing money from that account pursuant to a court order or placing a judgment lien on personal property that a debtor ...
