Legal Question in Credit and Debt Law in Ohio

ohio how do i get a financial judgement on a past due promissory note that contains this language"warning-by signing this paper you give up your right to notice and trial---"

the amount of the note is $65,000

Asked on 1/24/12, 1:46 pm

1 Answer from Attorneys

Edward Stoll Stoll, Ltd.

That sounds like what is called a Cognovit Note. You should be able to file for a judgment in the county where the Defendant lives, or in the County where the note says you should file. It's hard to say without seeing the note, but you will likely need an affidavit that supports the fact that the party is in default on the note. I would attempt to file a formal Complaint for Cognovit Judgment, with an attached affidavit, and walk it through to the judge to attempt to obtain an immediate ruling. Let me know if I can help more. We've done a good bit of enforcement on these types of notes. Even after you get the Court judgment, you then need to transfer the judgment to the municipal court and complete the attachment / garnishment paperwork and pay the fees in order to begin the process of collecting on that judgment. 1.440.552.7063 or [email protected]

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Answered on 1/24/12, 5:20 pm

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