Q: If a creditor has won judgment against me can i file an appeal or a stay of enforcement
A: You should get over to the Clerk of Courts where the judgment was issued ASAP and check the file (it's public record, they will give it to you to look at). Note whether you were served with a copy of the complaint at the correct address. Also, check to see whether the creditor has violated the Fair Debt Collection Practices Act by suing you in a jurisdiction where you don't reside (example, you signed a contract in Lorain, OH and live in Elyria, OH and the creditor sues you in the Rocky River Municipal Court in Cuyahoga County. That's a violation you can sue them on, up to 1,000 in damages for each violation under 15 USC, Section 1692 et seq... They can't sue you in the wrong venue or jurisdiction). If you see you were not served at all, you need to file a motion to vacate the judgment to get it back on the normal trial docket. If you had a chance to challenge (litigate) the matter and just lost it, then get your Notice of Appeal filed but remember there is a filing deadline on that, plus a deadline to file your Appellant's Brief with the Court of Appeals.). You can contact our office at 440-327-3800 if you have further questions. /s/ KEVIN M. RYAN, ATTORNEY AT LAW
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