Legal Question in Real Estate Law in Ohio
Filing a motion to Revive
Five years ago I had a tenant evicted. He was ordered to pay back rent and cost of damages. I was never able to collect because he kept moving and changing employment. I have found him again. Unfortunately, time has run out. I need to file a Motion to Revive. How do I do that? Where can I get the form. The amount he owes is quite substantial. Thank you.
2 Answers from Attorneys
Re: Filing a motion to Revive
IN THE TOLEDO MUNICIPAL COURT
LUCAS COUNTY, OHIO
Martha L. Riewaldt ) Case No. CVI-94-04229
5330 Heatherdowns Blvd. #105 ) JUDGE
Toledo, OH 43614 )
)
JUDGMENT CREDITOR )
) MOTION FOR
vs. ) CONDITIONAL ORDER OF REVIVOR
)
Kelly A. Williams ) Martha L. Riewaldt
) 5330 Heatherdowns Blvd.
) Toledo, OH 43614
) Telephone: (419) 867-3946
) Fax No.: (419) 867-3948
JUDGMENT DEBTOR ) State No.: 0026000
STATE OF OHIO )
) SS:
COUNTY OF LUCAS )
Now comes Martha L. Riewaldt, being first duly sworn, and states that she is the Judgment Creditor and respectfully moves the Court for a Conditional Order of Revivor of judgment herein rendered in favor and against the Judgment Debtor on June 6, 1994 in the sum of
$1850.10 with interest at ten per cent per annum from June 6, 1994, and court costs, which judgment is now dormant; and for an order directing the Judgment Debtor to appear and show cause on a date to be set by the Court why said judgment as revived should not stand revived; she further deposes and says that the Judgment Debtor is not in any branch of the military service of the United States.
______________________
Martha L. Riewaldt
Judgment Creditor
Sworn to and subscribed before me this _____ day of August, 2000.
______________________
NOTARY PUBLIC
LUCAS COUNTY, OHIOCERTIFICATE OF SERVICE
This is to certify that a copy of the above Motion For Conditional Order of Revivor was served upon the Judgment Debtor ______ by ordinary US Mail on this ___ day of August, 2000.
______________________
Martha L. Riewaldt
Re: Filing a motion to Revive
The entire file was too long so I cut this off. Most Courts also want you to supply the order for the Judge to sign.
IN THE TOLEDO MUNICIPAL COURT
LUCAS COUNTY, OHIO
Martha L. Riewaldt ) Case No. CVI-94-04229
5330 Heatherdowns Blvd. #105 ) JUDGE
Toledo, OH 43614 )
)
JUDGMENT CREDITOR ) JOURNAL ENTRY
) ON CONDITIONAL ORDER OF
vs. ) REVIVOR
)
Kelly A. Williams ) Martha L. Riewaldt
f.k.a. Kelley A. Guldenpfennig ) 5330 Heatherdowns Blvd.
515 Durango ) Toledo, OH 43614
Toledo, OH 43609-1703 ) Telephone: 867-3946
) Fax No.: 867-3948
JUDGMENT DEBTOR ) State No.: 0016715
JOURNAL ENTRY
It is therefore ordered that said judgment be and it is hereby revived in the sum of $3,602.05 including interest through September 1, 2000, and including court costs to date, with interest at ten per cent per annum from June 6, 1994, and that the said Kelly A. Williams f.k.a. Kelley A. Guldenpfennig, Judgment Debtor herein, appear and show cause on _____________________________, 2000 at ___________ why said judgment for said sum, costs and interest, should not be revived, and in default of any showing on the part of the Judgment Debtor on said date why said judgment should not have been revived, said judgment shall stand revived as aforesaid.
______________________
Judge