Ohio judgment against debtor in Tennessee

[Pineknot69]

Hello to all. 

I was sued in 2011 by a creditor in Ohio where I used to live. From what I understand Tennessee's law concerning out of state judgment states that out of state judgments must be "authenticated" by Tennessee before they can be pursued. Not sure if I understand it completely.. I have two questions. 

Is there any way to find out if the notice mailed to me was properly authenticated in Tennessee?

If it was not authenticated, would that help me get Ohio to vacate the judgment? It is already paid although late, and the original creditor filed a Entry of Satisfaction. It states that the account was paid in full and "releases  the judgment.}.

Thank you for being kind and assisting me. you are appreciated. Pineknow 

[Anonymous]

---

@Pineknot69 wrote:

Hello to all. 

I was sued in 2011 by a creditor in Ohio where I used to live. From what I understand Tennessee's law concerning out of state judgment states that out of state judgments must be "authenticated" by Tennessee before they can be pursued. Not sure if I understand it completely.. I have two questions. 

Is there any way to find out if the notice mailed to me was properly authenticated in Tennessee?

If it was not authenticated, would that help me get Ohio to vacate the judgment? It is already paid although late, and the original creditor filed a Entry of Satisfaction. It states that the account was paid in full and "releases  the judgment.}.

Thank you for being kind and assisting me. you are appreciated. Pineknow 

---

1. doesn't matter, see below.

2. No. Tenessee's laws for pursuing an out of state judgement would have no bearing on vacating the paid judgement in Ohio's court system. In order to enforce a judgment in another state, the plaintiff must "domesticate" the judgment to that states courts system. Tenessee's "authentication" rule must be followed to domesticate a judgment so it can be enforced - that means garnishment of wages or asset seizure.

If it is already paid, then there is no enforcement to pursue, and authentication is a moot issue. You would need to research Ohio's laws to find out if it can be vacated or not.

[RobertEG]

A judgment entered in one state must be "domesticated" in another state to become enforceable in that state.

That involves motioning the court in your current state to have it made enforceable in your state.

If that occured, you would have been sent notice of the domestication by the court in your state, unless there is some problem with identity of your current address.

If you have never been contacted, I would suggest contacting the judgment creditor and asking.  If the judgment has been paid and notice of satisfaction filed with the judgment court, then they would also have been required to file notice of satisfaction in your current state.

[Pineknot69]

Thank you for the replies. 

I was served a copy of the suit but it was from the court in Ohio, not the local court here. My son signed for it but I can't recall who served it exactly. Might have come certified mail?

Should I have a record of the judgment here if it was authenticated? What if the plaintiff failed to go through the local court here? I have tried to look to see if I have a judgment here and haven't had any luck. It would have been easier to address the suit if I had been able to go to court here. From what I've been reading, Tennessee will enforce judgments from out of state courts after the lawsuit is "authenticated." 

I was injured permanently in June 2011, about a month after the notice was signed. I had no income at all for 2 years until my veteran's disability was approved. At that time, I was in severe and constant pain (2 herniated discs in my neck which caused permanent damage). I can prove that with my doctor's notes/medical records.

I just want a chance to ask the issuing court's judge to consider that it was impossible at that time to appear in Ohio for court.  I am thinking about filing for a motion to vacate and hoping that situation I was in could help me win that. 

If I am to file a "motion to vacate", Ohio civil procedure does allow the judge to vacate a jdefault udgment if there was a reasonable problem that prevented the defendent from apperairng which the judge considered valid. 

Again, I appreciate the advice! 

[Anonymous]

---

@Pineknot69 wrote:

Thank you for the replies. 

I was served a copy of the suit but it was from the court in Ohio, not the local court here. My son signed for it but I can't recall who served it exactly. Might have come certified mail?

Should I have a record of the judgment here if it was authenticated? What if the plaintiff failed to go through the local court here? I have tried to look to see if I have a judgment here and haven't had any luck. It would have been easier to address the suit if I had been able to go to court here. From what I've been reading, Tennessee will enforce judgments from out of state courts after the lawsuit is "authenticated." 

I was injured permanently in June 2011, about a month after the notice was signed. I had no income at all for 2 years until my veteran's disability was approved. At that time, I was in severe and constant pain (2 herniated discs in my neck which caused permanent damage). I can prove that with my doctor's notes/medical records.

I just want a chance to ask the issuing court's judge to consider that it was impossible at that time to appear in Ohio for court.  I am thinking about filing for a motion to vacate and hoping that situation I was in could help me win that. 

If I am to file a "motion to vacate", Ohio civil procedure does allow the judge to vacate a jdefault udgment if there was a reasonable problem that prevented the defendent from apperairng which the judge considered valid. 

Again, I appreciate the advice! 

---

That does sound like a reasonable line to pursue.

[Pineknot69]

Then that is what I am going to do. Thank you so much!