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.


Asked on 7/25/00, 10:10 pm

2 Answers from Attorneys

Ernest Ducey Ducey & Riewaldt

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, OHIO CERTIFICATE 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

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Answered on 9/12/00, 4:41 pm
Ernest Ducey Ducey & 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

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Answered on 9/12/00, 4:43 pm


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