DEFAULT JUDGMENTS

See Local Rule 13.  Is your claim liquidated or unliquidated?  If liquidated, follow the procedure set forth in Local Rule 13(A).

          Note:

Filing the motion, affidavit, and proposed entry with the Clerk is not sufficient.  Counsel must present the filed copies of the motion and affidavit along with the original proposed judgment entry directly to the Magistrate;

Unless counsel has personal knowledge of the amount owed, the affidavit must come from the party seeking the default - not counsel;

Pursuant to Local Rule 17(A), the endorsement of counsel shall appear on the journal entry;

Original proposed entries stapled to the original motion cannot be removed and presented to the assigned Judge for signature;

The assigned Judge's name must appear on all pleadings;

Attorney fees are permitted by case law in condominium lien foreclosure  cases.  See Nottingdale Homeowner's Association, Inc. v. Darby, (1987), 33 Ohio St. 3d 32.  If requested in any other case, counsel must provide the portion of the contract allowing for such fees along with a separate affidavit substantiating such fees.  The amount of such fees must be a sum certain.  If counsel cannot provide a contract, but still wishes to seek fees, the case must be set for a hearing.

Future rent will not be awarded;

Pre-judgment interest must be calculated and included as a liquidated amount;

For subrogated insurance cases, the insured's deductible cannot be claimed unless such insured has been named as a party;

If the defendant has entered into the  case, the motion must be set for a hearing and the defendant must receive notice of such hearing.  See Civil Rule 55.

 

If your claim is unliquidated, refer to Local Rule 13(B). You must schedule the motion with the Assignment Commissioner (513)946-5930.

        Note:

 No motions are automatically scheduled by the court.  Counsel must schedule them with the Assignment Commissioner;

        Defaults heard by the Magistrate require a Magistrate's Decision and Praecipe;

The Court of Appeals has added three (3) days to the fourteen (14) day objection time.  See City of Cheviot vs Siciliano, C961039.

 

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