My question involves judgment recovery in the State of: Ohio
Hello Everyone,
Back in april we had moved out of our rental house and knew we had to pay for the month we moved out because we didn't give them ample notcie. I was evicted from a residence i no longer resided in but since i had the keys to the place the court ruled against me and therefore had to pay for the month of rent and other expense.
Two days ago i received mail from my employer stating that garnishment was being put in action against me along with the court documents they received from court system (how much is owed, Request for hearing). I was not served by Certified mail or by bailiff a notice for this garnishment against me. Based on what i see here it would appear i should have at least received it by normal mail.
This is an excerpt on the serve laws in ohio
Service by certified or express mail.
Evidenced by return receipt signed by any person, service of any process shall be by certified or express mail unless otherwise permitted by these rules. The clerk shall place a copy of the process and complaint or other document to be served in an envelope. The clerk shall address the envelope to the person to be served at the address set forth in the caption or at the address set forth in written instructions furnished to the clerk with instructions to forward. The clerk shall affix adequate postage and place the sealed envelope in the United States mail as certified or express mail return receipt requested with instructions to the delivering postal employee to show to whom delivered, date of delivery, and address where delivered. The clerk shall forthwith enter the fact of mailing on the appearance docket and make a similar entry when the return receipt is received. If the envelope is returned with an endorsement showing failure of delivery, the clerk shall forthwith notify, by mail, the attorney of record or, if there is no attorney of record, the party at whose instance process was issued and enter the fact of notification on the appearance docket. The clerk shall file the return receipt or returned envelope in the records of the action. All postage shall be charged to costs. If the parties to be served by certified or express mail are numerous and the clerk determines there is insufficient security for costs, the clerk may require the party requesting service to advance an amount estimated by the clerk to be sufficient to pay the postage.
having 4 dependents and other obligations the 25% federal margin in ohio that is implied would put me in a state of hardship. What are my options as well as my defense at this point?
Hello Everyone,
Back in april we had moved out of our rental house and knew we had to pay for the month we moved out because we didn't give them ample notcie. I was evicted from a residence i no longer resided in but since i had the keys to the place the court ruled against me and therefore had to pay for the month of rent and other expense.
Two days ago i received mail from my employer stating that garnishment was being put in action against me along with the court documents they received from court system (how much is owed, Request for hearing). I was not served by Certified mail or by bailiff a notice for this garnishment against me. Based on what i see here it would appear i should have at least received it by normal mail.
This is an excerpt on the serve laws in ohio
Quote:
Service by certified or express mail.
Evidenced by return receipt signed by any person, service of any process shall be by certified or express mail unless otherwise permitted by these rules. The clerk shall place a copy of the process and complaint or other document to be served in an envelope. The clerk shall address the envelope to the person to be served at the address set forth in the caption or at the address set forth in written instructions furnished to the clerk with instructions to forward. The clerk shall affix adequate postage and place the sealed envelope in the United States mail as certified or express mail return receipt requested with instructions to the delivering postal employee to show to whom delivered, date of delivery, and address where delivered. The clerk shall forthwith enter the fact of mailing on the appearance docket and make a similar entry when the return receipt is received. If the envelope is returned with an endorsement showing failure of delivery, the clerk shall forthwith notify, by mail, the attorney of record or, if there is no attorney of record, the party at whose instance process was issued and enter the fact of notification on the appearance docket. The clerk shall file the return receipt or returned envelope in the records of the action. All postage shall be charged to costs. If the parties to be served by certified or express mail are numerous and the clerk determines there is insufficient security for costs, the clerk may require the party requesting service to advance an amount estimated by the clerk to be sufficient to pay the postage.
having 4 dependents and other obligations the 25% federal margin in ohio that is implied would put me in a state of hardship. What are my options as well as my defense at this point?
Garnishment and Execution: Did Not Receive Notification of Judgment My Options
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