QUESTION

How do I appeal a default judgment in a civil case?

Asked on Mar 21st, 2013 on Civil Litigation - Ohio
More details to this question:
I didn't respond correctly to courts summons for a foreclosure. I never receive the default judgment and now I'm being evicted for my home.
Report Abuse

1 ANSWER

Auto Accident Attorney serving Maumee, OH
2 Awards
You have a very limited amount of time to request relief from a judgment entry against you, including a default judgment entry. A motion must be made to the court that issued the judgment within a reasonable time, but not more than one year after the judgment entry was entered per Rule 60(B) of the Ohio Rules of Civil Procedure.  In order for the court to issue relief from the judgment, you must state that you failed to timely answer the complaint/summons within in the time proscribed due to a mistake, inadvertence, surprise, or excusable neglect.  If you did enter an appearance in the case prior to default entry (by any means, such as sending a letter to the court, or filing anything) then you are entitled to a copy of the motion for default judgment at least 7 days before the hearing on the motion.  If you did enter an appearance, but never received a copy of the motion timely, you may have an argument to set aside the judgment. If you fail to timely file a motion for relief from judgment within the time period proscribed by the Civil Rules, it is too late.  You should seek the assistance of an attorney in your area who handles foreclosure defense immediately. 
Answered on Mar 22nd, 2013 at 3:15 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters