How do I file a motion to vacate a judgment due to improper service (Ohio)?

Question

a lien was put on my bank account by LVNV for a credit card that dates back to 2004. I was never properly served (certified letter) and last month I received a letter stating a lien was put on my bank account. Luckily, it's a bank account I hadn't used in months so there was a balance of $0.00

I was informed by a lawyer that I should file a motion to vacate judgment for improper service, but how do I do that?

if you respond will you please respond with HOW I FILE FOR A MOTION TO VACATE A JUDGMENT FOR IMPROPER SERVICE (in Ohio).

Answer 1

Here....   http://www.debtconsolidationcare.com/for...

Is a pretty well done motion to vacate that was filed in Ohio. copy that puppy and edit it to fit your circumstances, and it should work fine.

Bear in mind that this will just vacate the *Judgment* - the lawsuit will remain, and the plaintiff will be able to come back to court and try again. This time, since they have now tracked you down, they'll be able to schedule a debtors discovery too, and require them to tell you what bank accounts you DO have money in, and where your income comes from.

In addition, the debt collectors second set of lawyers fees and court costs that it costs them to come back to court will also be recoverable.

Richard

Answer 2

Since you are clearly not willing to hire an attorney to do this for you, you need to go to this website:

http://www.sconet.state.oh.us/web_sites/...

Select the Court that the judgment has been entered in and look at the Court rules.  Almost all  of the jurisdictions have court rules available online now.  Your motion will include the CAPTION (the part at the top that tells what court it is in, who the parties are and the case number.  Then you will have a paragraph that sets out what party is making the motion and what the motion is, then a paragraph that requests that the Court vacate the judgment and the reasons it should be vacated.  Include any citations to the law that you have.  Then a "prayer" clause where you sum it all up and again request that the judgment be vacated.

Be sure to include your contact information below the line you sign on and then file the original and a couple copies (whatever is in the rules) with the Court.  If you are confused after you read the court rules, call your state's bar association and ask if they have a pro bono program and if they can refer you to a free attorney.  

Good luck.

Answer 3

Just type up a statement explaining that you were never seved and you would like whatever judgment they have against you to be vacated.  You need to file it in the same court that issued the judgment against you (there is one or they would not be allowed to touch your bank account), find out what the docket number is (the number that they assigned the case) and bring it or send it in to the courthouse.  Request a date to be heard.  Then go in and argue before the judge.  You do have to send a copy of the motion to the other side once it is filed with a notice of the court date.  The court may do that on your behalf so be sure to ask or they can claim they were never served.