Legal Question in Credit and Debt Law in Ohio

Inlaw passed away. Debt collectors attempted recovery from next of kin. Received notice with this text, not sure what it means. " Upon the courts own motion, due to error. The dismissal for want of prosecution is hereby vacated."


Asked on 4/02/13, 3:42 am

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, when a plaintiff in a lawsuit does not make active efforts to move the case forward (such as obtaining good service of process upon the defendant or filing a Motion for Default judgment if the Defendant has failed to file an Answer) then the Court can consider that the case is languishing and that it is appropriate to dismiss the case for want of prosecution by the Plaintiff.

If the Court issued an entry of the type that you indicate, it may be that the court dismissed the case by mistake, thinking that efforts to move the case forward were not being made when in fact they were.

But it sounds like a lawsuit has been filed and it probably should be looked into further.

Read more
Answered on 4/02/13, 12:26 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Ohio