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I am in Ohio. I have had a default judgment but was never…

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I am in Ohio

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I have had a default judgment but was never served a notice of such actions

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Can I ask to Set Aside Judgment because I was not aware of such judgment, never notified or served

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Customer reply replied 4 months ago
I have had received a wage garnishment from my employer 3/2/18, and default judgment has been recently entered in municipal court. I already have one garnishment in place that will be almost payed in full (same plaintiff). I have a wage garnishment hearing scheduled for today, 3/12/17 to see if I can lower the payments; only income provider in home, paying all the bills, spouse unemployed. I would like to know if it would be wise to ask magistrate if I can Set Aside the judgment because I was never notified of judgment being entered against me as in previous case. Before, I had a hearing date but this time it went straight to default judgment before I can even defend my case in court. Do I have a reasonable cause to do that because there is substantial defect/they did not notify me of entry of default? I hope all this makes sense. Thanks
Customer reply replied 4 months ago
I have pulled up a court docket from court and it it lists following entries: 12/22/2017 written motion for default filed by plaintiff, 12/22/17 civil journal default judgment created by, 12/27/17 Motion for default granted by judge, garnishment initiated by, written motion certificate of judgment lien filed by, 2/6/18, garnishment served to employment (they already have all the information on me from previous case so they waited until the current garnishment is payed off to start new garnishment). I guess the important part of this is that they did issue me a summons dated 2/17/17, that I was not aware of.Am I legally supposed to receive some kind of notice to appear in court or can they automatically go directly into default judgment?
Customer reply replied 4 months ago
The original summons was issued 1/5/17 via certified mail and it failed or was returned unclaimed. They also mention Certificate of Mailing Answer, Status Perfected? What does that mean. The prior garnishment is causing us major financial hardship. I only work 48 hrs per two week pay, have child with special needs, spouse unemployed or unable to secure employment, mortgage, utilities, other debt to pay. All this debt is in my own name.
Customer reply replied 4 months ago
I currently only get a net pay of $640 every two weeks, after all deductions. Since I am the only income provider I also have a medical, dental and vision coverage that comes from my pay, plus garnishment, life insurance.
Answered in 4 hours by:
3/12/2018
DamienJD
DamienJD, Attorney
Category: Legal
Satisfied Customers: 5,074
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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A defendant is required to be served with all papers in an action. Are you saying you were never served with the complaint or with the motion papers?

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Customer reply replied 4 months ago
Hi Damian, yes. it appears that I was never served with a complaint or with motion papers that judgment was approved by judge. It seems like it was one sided judgment, without hearing my response or defense in court, in front of judge. Here is a copy/paste of court docket listing all actions.Entry Date Entry
3/2/2018 GARNISHMENT MAGISTRATE REPORT Notice sent to BRIAN C BLOCK
3/2/2018 GARN-HEARING Notice sent to BRIAN C BLOCK
3/2/2018 GARN-HEARING Notice sent to SLOBODANKA KEY AKA SLOBODANKA BO
3/2/2018 GARNISHMENT set for 03/12/2018 at 01:00 PMin room 4by MAGIST
3/2/2018 deft requests hrg
2/16/2018 GANRISHMENT SERVED TO EMPLOYMENT
2/15/2018 CERT-JUDGM-LIEN Notice sent to BRIAN C BLOCK
2/15/2018 Paid $15.00 for receipt#(###) ###-####by BRIAN C BLOCK. Payme
2/15/2018 Written motion CERTIFICATE OF JUDGMENT LIEN filed by MIDLAND
2/8/2018 garnishment issued
2/6/2018 Paid $110.00 for receipt#(###) ###-####by BRIAN C BLOCK. Paym
2/6/2018 Garnishment for $6522.73 initiated by MIDLAND FUNDING LLC DO
12/27/2017 MOTION FOR DEFAULT GRANTED by TIMOTHY P. GILLIGAN JUDGE on 1
12/27/2017 Judgment DEFAULT of $6267.73 with interest at the rate of 0.
12/27/2017 Civil Journal Default Judgments created in Book 249 Page 49
12/22/2017 Paid $10.00 for receipt#(###) ###-####by BRIAN C BLOCK. Payme
12/22/2017 Written motion MOTION FOR DEFAULT filed by MIDLAND FUNDING L
8/17/2017 CERTIFICATE MAILING notice mailed to SLOBODANKA KEY AKA SLOB
8/17/2017 Service for CERTIFICATE MAILING to SLOBODANKA KEY AKA SLOBOD
8/17/2017 Paid $10.00 for receipt#(###) ###-####by BRIAN C BLOCK. Payme
8/17/2017 Written motion RE-ISSUE REGULAR MAIL filed by MIDLAND FUNDIN
2/17/2017 REQUEST FOR SERVICE OF SUMMONS Notice sent to BRIAN C BLOCK
2/17/2017 Service for SUMMONS to SLOBODANKA KEY AKA SLOBODANKA BOBA SA
1/25/2017 SUMMONS notice mailed to SLOBODANKA KEY AKA SLOBODANKA BOBA
1/25/2017 Paid $125.00 for receipt#(###) ###-####by BRIAN C BLOCK. Paym
1/25/2017 Original Claim for $6267.73 Filed, MIDLAND FUNDING LLC
Customer reply replied 4 months ago
It does mention summons and motion for default but I was never sent a document from court stating that the judgement was intended to be entered against me and that there is a hearing for it, this is from 12/27/2017 lines of code. Should of been there a line stating that the motion notice was sent to me too? This is all confusing to me, I am not an expert when it comes to law terms. Since my appearance in court is scheduled at 1pm today, 3/12/18, I will be at mercy of magistrate and I have to "wing' it asking for these things (set aside default judgment) to be looked at even if I am not sure if I am correct?

I party has to be served papers. If the defendant was not served and has a meritorious defense (meaning a valid reason why the person should not be sued), then a court may vacate or set aside the default judgment. In other words, after informing the court that the defendant never was properly served, the defendant also has to make a case why the defendant is not responsible for the debt or damages.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 4 months ago
Does it show then in court docket per lines listed that I was not issued a notice that the hearing will be held before default judgment was made? Am I supposed to get a court date by law?

Generally, when a court sends out a notice, it will send the notice to all appearing parties. Usually, it will be done by a clerk. The clerk will look at the docket to see who has appeared in the case and use that information. If though, someone did not appear and later finds out about the hearing, that party usually can request an adjournment upon appearing in the proceeding and a Judge usually will allow for an adjournment for the party to prepare for the hearing or is give the party time to find an attorney.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

DamienJD
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