Beating a Default Judgment In Ohio
Receiving a garnishment order or notice of a lien can be alarming, especially if it’s tied to a judgment in a case you’ve never heard of. If you discover a default judgment was entered against you, don’t panic. There are proven legal strategies in Ohio to fight back and protect your rights.
Undoing a Default Judgment
If a default judgment has been entered against you, you may be able to overturn it by showing:
You didn’t respond due to mistake or confusion
You never received the original complaint
You acted promptly once you learned of the judgment
Successfully proving any of these can strengthen your position to contest the judgment.
Relief Under Civ. R. 60(B)
There are essentially two ways to undo a default judgment against you. The first is to claim relief under Civ. R. 60(B). You can be relieved from a final judgment if the judgment was entered due to mistake, inadvertence, surprise, or excusable neglect. Excusable neglect is the most common.
If you are going to claim any reason for relief from judgment, you must generally seek relief within one year from the date the judgment was entered, regardless of the reason.
Vacating Judgement for Lack of Service
If you are beyond the one-year deadline, you can still seek to have the judgment vacated by claiming that you were never served with the original complaint. This is actually very common, and Plaintiffs frequently claim service on someone when they do not actually have a good address for them.
Absent proper service of process on you, a trial court lacks jurisdiction to enter a judgment you. If the court nevertheless enters judgment against you, it is void on its face. “Failure of proper service is not a minor, hypertechnical violation of the rules. Such failure is in direct contravention of the Rules of Civil Procedure.”[1] A judgment rendered without proper jurisdiction over the action or the defendant is void.[2]
The simple way to state that you weren’t served is by affidavit. Where a party seeking a motion to vacate makes an uncontradicted sworn statement that they never received service of a complaint, they are entitled to have the judgment against them vacated.[3]
Courts generally will give latitude to people with default judgments against them, and would prefer cases to be heard on the merits. If you can overturn the judgment either by a rule 60(B) motion, or by failure of service, then you are in a much better position to contest the merits of the case.
[1] Cleveland v. Ohio Civil Rights Comm., 43 Ohio App.3d 153, 157, 540 N.E.2d 278 (8th Dist.1989).
[2] Patton v. Diemer, 35 Ohio St.3d 68, 70, 518 N.E.2d 941 (1988); Rokakis v. Estate of Thomas, 8th Dist. No. 89944, 2008–Ohio–5147, ¶ 7.
[3] Jacobs v. Szakal, 9th Dist No. 22903, 2006-Ohio-1312.
Conclusion
Default judgments can be overturned in Ohio if you act quickly and understand your legal options. If you’re facing a garnishment, lien, or other consequences from a default judgment, consult an experienced attorney who can guide you through the process.
Book a paid consultation now or contact our office to see how we can help.
About the Author
Nicholas Weiss is the founder and supervising Attorney of N.P. Weiss Law, serving clients across Northeast Ohio in real estate, family law, and estate planning & administration.
Nick is committed to helping property owners, businesses, and families navigate legal challenges with clarity and confidence. Learn more about Nicholas Weiss.
This article is provided for informational purposes only and is intended as a general guideline. Nothing in this content creates an attorney-client relationship or constitutes legal advice on which you should rely without consulting your own retained attorney. If you have questions about your specific legal situation, please contact a licensed Ohio attorney for personalized guidance.
