Removing a judgment in Ohio....[ Edited ]
11-17-2012 05:38 PM - edited 11-17-2012 05:54 PM
I have been lurking these forums for quite a few months now and posted a few times and have to tell you that there is a wealth of info and some very knowledgeable people here. I am in the process of trying to fix my credit am realizing that for some of us it a very slow process but worth it non the less.
Thanks to everyone who helps us here!!
I found this after days of Google and wanted to share it with any Ohioans who might be trying to vacate a judgment in Ohio. this paragraph is taken from "The Ohio Rules of Civil Procedure". Google that name and you will find this. Look at reason (4).
I have a lawyer friend who I am going to see on monday to find out how hard this is to do myself. I will let you know the outcome.
RULE 60. Relief From Judgment or Order
(A) Clerical mistakes.
Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time on its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.
(B) Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud; etc.
On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(B); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party; (4) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (5) any other reason justifying relief from the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2) and (3) not more than one year after the judgment, order or proceeding was entered or taken. A motion under this subdivision (B) does not affect the finality of a judgment or suspend its operation.
The procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules.
[Effective: July 1, 1970.]
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