Legal Question in Bankruptcy in Ohio

Dear Inquire: You are, no doubt, asking about the Ohio Rules of civil Procedure, also known commonly as the Civil Rules, by which the Courts and Attorneys are governed, procedurally, in Ohio. Civil Rule 55(A) is the Default Judgment rule. Here's a copy of the actual text and provision

RULE 55 Default

RULES OF CIVIL PROCEDURE

TITLE VII. JUDGMENT

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RULE 55. Default

(A) Entry of judgment.

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 person unless represented in the action by a guardian or other such representative who has appeared therein. If the party against whom judgment by default is sought has appeared in the action, he (or, if appearing by representative, his representative) shall be served with written notice of the application for judgment at least seven days prior to the hearing on such application. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper and shall when applicable accord a right of trial by jury to the parties.

I suggest you contact an Attorney to advise and guide you through the complex legal procedure, in order to protect your rights and best interests. Good luck!

Sincerely, J. Norman Stark, Cleveland, OH.

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