Legal Question in Credit and Debt Law in Ohio

lawsuit on credit card debt

I had a judgment against me in municipal court in Dayton Ohio. In Ohio rules of court, Dayton Ohio municipal court only has jurisdiction within the city limits. I reside in the city of Kettering OH which has its own municipal court. I tried to get the judgment reversed in Dayton Court on basis of lack of jurisdiction and judgment void ab initio but judge upheld the ruling. I think this is an invalid judgment. Who is responsible for determining a court has jurisdiction over a defendant, would the clerk or courts be responsible or does it reside with attorney filing suit. Can you file a suit against someone for bringing an action in the incorrect jurisdiction?


Asked on 3/27/07, 4:45 pm

1 Answer from Attorneys
Mark Chuparkoff Chuparkoff & Chuparkoff

Re: lawsuit on credit card debt

Keep in mind that jurisdiction means more than one thing. There is criminal jurisdiction in which, you are right, Dayton only has jurisdiction to prosecute crimes committed within Dayton. From a Civil perspective, jurisdiction is viewed much more lightly. It could be where the debt was incurred, where the property is located, where the accident happened, where the defendant is located among others. You'd have to appeal the decision to the court of appeals. My suggestion is get a lawyer who knows how to handle these things.

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Answered on 3/28/07, 9:17 am


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