Legal Question in Credit and Debt Law in Ohio

Default judgement issues

I recently learned a CA has obtained a default judgement for a debt that is not mine, but rather a debt incurred by a former spouse years after our divorce. I contacted the CA and explained and they agreed the debt was not mine and they knew it from the start but by listing me on their request for judgement and listing my address as unknown they knew they'd get a default judgement and maybe I'd pay it to avoid the credit implications. I told them that was unethical and I wanted it corrected and they laughed and said ''go hire a lawyer''. The cost of an attorney would exceed the cost of just paying the debt. I inquired at the Clerk of Court about disputing but the said it's a complicated process and would need to be handled by a lawyer. Is there an answer for this or am I just stuck? Also... the CA is an attorney.


Asked on 4/12/07, 10:51 am

1 Answer from Attorneys
Bradley Miller Miller Law LLC

Re: Default judgement issues

If you can show that the attorney/collection agency knew the debt wasn't yours but still filed the suit in your name anyone, you have a good case for fraud against the attorney/collection agency. With something like that, there is a possibility of being awarded attorneys' fees and costs.

Additionally, if an attorney knew it wasn't your debt but still filed in your name, he or she may have committed an ethics violation which could result in an investigation and possible sanctions against the attorney.

I suggest you speak with an attorney to see if you may have a case for fraud. You should be able to find an attorney that will give you a free initial consultation to listen to the situation and give you his or her opinion about the merits of a suit and all your possible options.

If you have any further questions, feel free to contact me.

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Answered on 4/12/07, 11:17 am


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