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Ohio Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit

State:
Multi-State
Control #:
US-0368LTR
Format:
Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Court Clerk's Name] [Court's Name] [Address] [City, State, ZIP Code] Subject: Request for Default Judgment with Supporting Affidavit Dear [Court Clerk's Name], I am writing to request a default judgment in the case of [Case Name and Number] based on the Defendant's failure to respond within the specified time frame. Please find attached the necessary documents, including a supporting affidavit, for your review and consideration. I have made all necessary attempts to serve the Defendant with the initial complaint, including [briefly mention any methods used for service such as certified mail, personal service, or publication]. Despite these efforts, the Defendant has neglected to file a response or make an appearance within the prescribed timeframe as outlined in the applicable rules and statutes. The supporting affidavit I am submitting provides detailed evidence and facts supporting the Plaintiff's claim and the Defendant's default. This includes [describe the content of the affidavit, including any relevant exhibits or documents attached]. The affidavit is signed under penalty of perjury, affirming the truthfulness and accuracy of the statements made within. As per the Ohio Rules of Civil Procedure, specifically Rule XX, I kindly request that the Court enter a default judgment against the Defendant for failing to respond in a timely manner. Additionally, I would appreciate it if the Court would set a hearing date for a judgment hearing to determine the appropriate damages in this case. Enclosed with this letter are the required copies of the request for default judgment and supporting affidavit, as well as an additional copy for the Judge's chambers. Please ensure that all documents are properly filed and that copies are delivered to all relevant parties involved in this case. Should you require any additional information or documentation to facilitate this process, please do not hesitate to contact me at [Phone Number] or via email at [Email Address]. I appreciate your attention to this matter and your assistance in moving this case forward. Thank you for your prompt action and support. I look forward to receiving confirmation of the default judgment and hearing date. Yours sincerely, [Your Full Name]

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FAQ

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 ...

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 ...

In Ohio, a "default" judgment can be obtained in a civil lawsuit if one party fails to file an "Answer" to the Plaintiff's "Complaint", or a "Reply" to a Defendant's Counter-Claim. In order to get a default judgment, the Plaintiff in the lawsuit must first obtain valid service of process.

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.

But a judgment from an Ohio court is valid for 5 years, and then becomes dormant unless revived, giving creditors the ability to collect on judgments for much longer. Section 2325.18(B) sets Ohio's statute of limitations for judgment enforcement at fifteen years.

When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, the party entitled to a judgment by default shall apply in writing or orally to the court therefor; but no judgment by default shall be entered against a minor or an incompetent ...

Collecting Your Judgment WAGE GARNISHMENT: You may have the wages of the Defendant garnished. ... EXECUTION OF PERSONAL PROPERTY: For a deposit of $450.00 or more as determined by the Court, you may attach nonexempt property of the defendant to satisfy your judgment. ... CERTIFICATE OF JUDGMENT:

To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.

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The affidavit and proposed Entry of Default should be filed in CM/ECF using ... the clerk's office from completing an Entry of Default. Applicable Law and ... I request that the court set aside any defaults or default judgments in my case. 3. I did not file an answer or appear at a hearing in this case because: 4. I ...The Clerk can grant the request certifying that the defendant has failed to answer, plead or defend. • A request for default judgment is filed in an adversary ... (3) Before entering a default judgment in an action in which the defendant has not ... Upon the filing of a motion to revive a dormant judgment the clerk shall ... a notice of appeal and memorandum in support of jurisdiction has passed, the Rules of Practice permit you to file a notice of appeal with a motion for. ... affidavit or otherwise, the clerk must enter the party's default. (b) Entering a Default Judgment. (1) By the Clerk. If the plaintiff's claim is for a sum ... 345, 352–53 (2000) (trial court erred in granting default on same date as court's denial of Rule 12 motion). 2. Untimely Filing of Pleading. Default may not be ... ㅁ Complete the Affidavit in Support of Request for Court Order Directing Ohio ... member will direct you to the Clerk's Office to file your Petition, Affidavit ... If a party is indigent, the party shall file a motion demonstrating that a valid affidavit of indigency has been filed with the Clerk's office or that the party ... Instructions for Filing Foreign Judgment with sample attached · Lien Release (Foreclosure Cases Only) · Motion, Affidavit and Order for Examination of Judgment ...

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Ohio Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit