Legal Question in Credit and Debt Law in Ohio

Can a judgment be set aside when defendant wasnt served?

My wife and I attempted to start an in-home business. For three years we struggled with this & finally made the decision to cut our losses. We have a business line of credit that we payed on for that time period & it just never seemed to go down (interest/late fees/etc). I contacted the bank while the account was in good standing and asked about a settlement. They told me they cannot settle on an account that is in good standing. Since it was a business loan we made the decision to let it go into default so we could settle it. All of a sudden I receive notification that a personal judgment had been obtained against me, my wife, and our defunct company. i contacted the law firm & they sd the account had not yet charged off & if I payed the past due amount & continued to make payments per the contract they wouldn't execute the judgment & attach wages. My question is how can a judgment be obtained when I wasn't served? Also the attorney told me that if I file a motion to set aside the judgment then he would fight it. I payed the past due amount. I have perfect credit except for this judgment. The bank specifically requested a partner in this lawfirm handle my case since I manage a large collection agency.


Asked on 4/17/98, 4:29 pm

1 Answer from Attorneys
John Kahler Kahler and Kahler Law Offices

Motion to Vacate Judgment

A judgment cannot be won against you unless you are served with a copy of the complaint. Service may be personal or by publication, that is, published in a newpaper in your area. Perhaps service was done by publication and you never saw it. Perhaps service was made by certified mail to the wrong address. Regardless, you should talk to a lawyer about moving to vacate the default judgment. You will have to prove that your neglect in answering the complaint on time was excusable. A lawyer can help you further.

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Answered on 5/10/98, 7:06 pm


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