Legal Question in Credit and Debt Law in Ohio

What does this phase mean:

Entry Vacating Default Judgment as Against Joe Smith Solely: Agreed entry of counsel regarding leave to plead or ortherwise respond.

Upon motion well taken, and for good cause shown, the Judgment Entry granting Plaintiff's motion for default judgment is vacated as against Joe Smith. Joe Smith shall have 30 days in which to answer or otherwise plead.

This Default Judgement was originally against Joe Smith and his father Jack Smith.


Asked on 10/22/10, 11:23 am

1 Answer from Attorneys
Simon Johnson Law Offices of Simon W. Johnson

This means that Joe Smith can "answer or otherwise plead" now and that the prior default judgment has been vacated or taken away.

My assumption is that Joe Smith and Jack Smith were sued and failed to answer the complaint. Then the other side filed a default judgment because Joe and Jack Smith failed to answer or otherwise plead.

Why the default judgment was vacated isn't clear. I assume Joe Smith personally or by his attorney contacted the court and offered a sufficient explanation as to why Joe Smith had not previously answered.

If you'd like to discuss this issue further, please contact me.

Best regards,

Simon W. Johnson

www.swjlawoffice.com

[email protected]

(440) 477-6075

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Answered on 10/27/10, 1:11 pm


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