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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 114106
Experience:  Attorney experienced in commercial litigation.
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Summons for a Revivior of Judgement in Ohio with no contract

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Summons for a Revivior of Judgement in Ohio with no contract attached to complaint. I have been to one pretrial in Sept for this and stated to Judge I have no idea who these people are and then ask to see a contract due to unaware of what this is and Never knew of any original default judgement in 2004...Lawyer states he does not have contract with him today but will get it..... Judge scheduled second pretrial happening next week Mon Nov 25. If they do not have the contract Can I ask for a dismissal with prejudice? Or what should I cite?
Did research this company and found they are a JDB. I stated I was unaware what this was for and lawyer stated at first pretrial to judge He thinks it is for a CC acct ...He does not even know!
Out in hall as leaving Lawyer comments to me ~I am being ignorant!
This feels like fraud. I cannot afford a lawyer so I am Pro Se....I have not shared with the plaintiff I have no car, no home and working very little due to an injury. Should I share this?
The original 2004 summons that ended in a default judgement I never knew happened until now...I have never had any dealings with these people, no contract, never heard of them. I am having to piece together with "clues"
How should I proceed?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Yes, if they cannot produce the original judgment with the contract on which the original judgment was obtained and you have no knowledge of the original judgment (likely because they obtained it without ever serving you) then if the judge ordered them to produce it and they fail to do so this is grounds to file for dismissal with prejudice.

Furthermore, no, you should not tell them a word about you being essentially judgment proof until they produce the proof that this is even a valid judgment. If they do not prove the judgment is valid then no need to tell them anything. If they do prove the judgment and contract exist, then you need to consider seeking to vacate that judgment based on them failing to provide you any notice or due process when they obtained the alleged judgment.

The attorney being late depends on the judge as to whether or not they would have dismissed, this is the sole discretion of the trial judge.




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