Legal Question in Credit and Debt Law in Ohio
grounds for relief from cognovit judgment
is alleged fraud relating to the underlying
transaction that gave rise to issuing a cognovit note
a grounds for relief from a judgment on that note?
Asked on 3/22/01, 10:53 pm
1 Answer from Attorneys
Gregg Manes
Gregg A. Manes, Esq.
Re: grounds for relief from cognovit judgment
It could be a defense to the cognovit note. An even better defense would be that cognovit notes are unenforceable as to consumer transactions. The note is enforceable, just not the cognovit provisions. You need to file a 60(B) motion wiht the Court. My suggestion is to get a lawyer.
Answered on 6/12/01, 12:24 pm
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