Brecksville, OH asked in Civil Litigation, Contracts and Real Estate Law for Ohio

Q: Can a property owner revive a default judgment that a management company won and they were not listed as a plaintiff?

The issues are as follows:

1) property management company won a default judgment against in Jan 09,me while I was incarcerated (from July 2008-Oct 2014)

2)in 2015 the lawyers for the plaintiff revived the judgment

3) the plaintiff on the judgment claims they did not request to revive the judgment due to them not being managing the property since 2009

4) when questioned about this the lawyer claimed he is representing the property owner who was not named in the case and has a right to collect

5) the original plaintiff is still listed on all proceeding but several documents have different additional plaintiffs named

6) garnishment hearing today the lawyer states that he is still representing the original plaintiff

So my question is " if the original plaintiff did not pursue this does the landowner step in under the original case or do they need to bring their own suite against me? Also wouldn't I have to be notified about any additional plaintiffs or if the debt was sold ect

1 Lawyer Answer
Bruce Martin Broyles
Bruce Martin Broyles
  • Lancaster, OH
  • Licensed in Ohio

A: More importantly, if you were incarcerated at the time the lawsuit was filed, Plaintiff probably did not properly obtain service upon you and the judgment would be void.

1 user found this answer helpful

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