Q: What form do I fill out to set aside a default judgment in Lucas County OH?
I have a default judgment in Lucas County OH and but was not properly served (wrong address) and my taxes were included in my bankruptcy.
A:
In Lucas County, Ohio, if you're seeking to set aside a default judgment due to not being properly served or because the debt was included in your bankruptcy, you will need to file a motion with the court. This legal document is commonly referred to as a "Motion to Set Aside Default Judgment." The process involves explaining to the court why the default judgment was improperly entered against you, such as improper service or the inclusion of the debt in a bankruptcy filing.
To initiate this process, you should first obtain the correct form or format for a motion to set aside a default judgment from the Lucas County Clerk of Courts. While there might not be a standardized form for all types of motions, the Clerk's office can provide you with guidance on how to prepare and submit your motion. It's essential to include all relevant details in your motion, such as the case number, the reasons why you believe the default judgment should be set aside, and any supporting evidence, like documentation of your bankruptcy filing.
It's also highly advisable to consult with an attorney who is familiar with the legal system in Lucas County and has experience with cases similar to yours. An attorney can help ensure that your motion is properly drafted and filed, and can represent you in any hearings on the matter. Even though you can proceed without an attorney, having professional legal assistance can significantly increase your chances of successfully having the default judgment set aside.
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