Vacating Default Judgments Ohio

Summary

To vacate default judgments in Ohio, file a motion citing reasons like excusable neglect or financial hardship. Include documentation of income loss and exempt income, such as child tax credits. If granted, the judgment is nullified, and you can request the return of levied funds. Ensure you have all necessary documentation to support your case.

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I have * default judgements I believe I have grounds to get them vacated. They have levied my bank and are working on my home.
Hi Rich! To better assist you, could you please let me know which state you are in? This will help me provide specific information about the process to vacate a default judgment.
Ohio
Hi Rich, to vacate a default judgment in Ohio, you generally need to file a motion to set aside the judgment. Here are some key points:
- You must demonstrate a valid reason, such as excusable neglect, fraud, or newly discovered evidence.
- You need to file this motion within a reasonable time, often within one year.
- Provide supporting documentation to strengthen your case.
Do you have any specific details or questions about these grounds?
Yes. I took a detrimental loss of income months before Covid was declared an emergency. I was also pregnant and on unemployment. When I did gain employment the employers checks bounced and I basically lost 5k. My mortgage and credit cards all weren’t getting paid I could only afford my car, insurance and utilities and even got behind on those at times. Previously I never had a single late or missed payment in my adult life for anything.
Rich, it sounds like you have compelling reasons to file a motion to vacate the default judgments. Here are the steps you can take in Ohio:
- File a Motion to Set Aside the Judgment, citing excusable neglect and financial hardship.
- Provide all relevant documentation, such as proof of your loss of income and bounced checks.
- Include any evidence of your previous good financial standing.

Would you like more detailed information on how to file the motion or any specific forms needed?
No. But thank you I mainly wanted assurance it was worth pursuing. If I do file and it’s granted will the court make the creditors return money they’ve taken?
If your motion to vacate is granted, the judgment will be nullified, and the case will be reviewed again. As for the money already taken by creditors, you can request the court to issue an order for its return. This will depend on the specific circumstances and the court's discretion.
Would you like to know more about how to request the return of funds in your motion?
Well I can prove the money that was taken was *% a child tax credit from my tax return. If I read correctly that is an exempt income.
Rich, if the money taken was indeed from a child tax credit, you should emphasize that it's exempt income in your motion. This can strengthen your case for requesting the return of funds.
Have you gathered all the necessary documentation to prove that the levied funds are from the child tax credit?
Yes I have
Rich, it seems like you have a strong case for filing a motion to vacate the default judgments and potentially recovering the levied funds. Make sure to emphasize the exempt status of the child tax credit in your motion.
Would you like to know more about the specific forms you may need to file this motion in Ohio?