Legal Question in Credit and Debt Law in Ohio

Deficiency Judgment

Is a deficiency judgment an ''action'' or a ''special proceeding''? This question arises out of an attempt by a creditor to sue me for the loss it incurred at a non-public sale of a repossessed motor vehicle where the proceeds received were insufficient to extinquish the underlying contractual debt. Please advise.


Asked on 10/07/02, 1:30 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Deficiency Judgment

Does the creditor have the judgment yet, or not? If not, then he would have to file a civil action to obtain it. Otherwise, collections migh5t be considered a "special proceeding". Check the civil rules.

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Answered on 10/07/02, 1:36 pm


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