Default judgment on a debt in Ohio: what to do

Checked against official sources: Oct 25, 2026

In Ohio:

Ask the court to set aside the default judgment
File a motion for relief from judgment under Civ.R. 60(B).
Claim an exemption if wages or a bank account are taken
Fill out the request-for-hearing form that comes with the garnishment notice (it has a postage-paid envelope or postcard) and deliver it to the clerk of court no later than the end of the fifth…
Do this now
Get a copy of the case file from the court clerk: the complaint, the proof of service, the default and the judgment, with the date it was entered.

General legal information, not legal advice. RobinClaim is not a law firm.

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Choose your state and answer 4 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. Your answers stay in the page address.

Your plan for Ohio

Do now

  1. Get a copy of the case file from the court clerk: the complaint, the proof of service, the default and the judgment, with the date it was entered.

    Why: The dates and the proof of service decide which deadline applies and whether you were properly served.

  2. Find your state's deadline to ask the court to set aside the default judgment, and mark it on a calendar.

    Ask the court to set aside the default judgment

    Ohio: File a motion for relief from judgment under Civ.R. 60(B).

    Why: Limits differ by state and by reason, and the shortest can be a few weeks after the judgment.

  3. If the judgment was entered in the last few weeks, contact legal aid or a consumer lawyer today and ask about filing a motion to set it aside right away.

    Why: The shortest limits run from the date of the judgment. Some states also allow a motion for a new trial or an appeal, but only in the first days or weeks.

  4. If you don't know when the judgment was entered, ask the clerk for the date of entry and whether a notice of it was mailed to you.

    Why: Many limits count from the date of entry or from the day you were served with notice of the judgment.

  5. If you never got the papers, read the proof of service: who served them, when, how and at what address.

    Why: A judgment entered without proper service can often be set aside, and many states give more time to ask when you were never properly served.

This week

  1. File a motion to set aside (vacate) the default judgment with the court that entered it. Use the court's form if it has one, and attach your proposed answer if your state requires it.

    Why: The judge needs a legal reason, such as improper service, a mistake or excusable neglect, and usually a defense to the debt.

  2. In the motion, explain why you didn't answer and what your defense is: not your debt, wrong amount, already paid, too old to sue, or the plaintiff can't prove it owns the debt.

    Why: Courts usually want both a good reason for the default and a real defense to the claim.

  3. Ask the clerk whether you must set a hearing date and send a copy of the motion to the plaintiff's lawyer.

    Why: A motion usually isn't decided until it is set for a hearing and the other side gets a copy.

  4. If money is being taken, also file a claim of exemption by the deadline on the garnishment or levy notice.

    Why: A motion to set aside can take weeks. The exemption claim protects money the law shields, such as part of your wages and federal benefits, while you wait.

  5. If you were on active military duty, tell the court and ask it to reopen the judgment under the Servicemembers Civil Relief Act. Your base legal (JAG) office can help.

    Why: Federal law lets the court reopen a default judgment entered during service or within 60 days after it, if your service affected your defense and you have a defense. You must apply within 90 days after leaving service.

If it's not resolved

  1. Go to the hearing with your documents. If the judge sets the judgment aside, file your answer by the date the court gives you.

    Why: Setting aside the default reopens the case. You still have to defend it.

  2. If the judgment stays, learn what is protected: read your state's rules below and the wage garnishment and bank levy plans.

    Why: State and federal law protect part of your wages and some money, but you often have to claim it in time.

  3. If a debt collector sued you far from where you live or signed the contract, or on a debt too old to sue on, you can complain to the CFPB and ask a consumer lawyer about the federal debt collection law.

    Why: A debt collector must sue where you signed the contract or where you live, and must not sue on a time-barred debt. You can sue a collector that broke this law within 1 year.

  4. If the judgment can't be set aside and you can't pay it all, you can ask the creditor's lawyer for a payment plan or settlement in writing, or ask legal aid about bankruptcy.

    Why: Some creditors agree to a plan; get it in writing. A bankruptcy filing stops most collection while the case is open.

Deadlines

Ask the court to set aside the default judgment

General rule: see state; the shortest limit can be a few weeks after the judgment

In Ohio:

File a motion for relief from judgment under Civ.R. 60(B). It must be filed within a reasonable time, and no more than 1 year after the judgment if the reason is mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud. Courts usually also look for a valid defense.

Law: Ohio Civ.R. 55(A), (B); Civ.R. 60(B) · checked Oct 2026 · Official source · From Debt Suit Map: Ohio

Servicemembers: ask the court to reopen the judgment

General rule: Within 90 days after leaving military service, for a default judgment entered during service or within 60 days after (50 U.S.C. 3931(g))

Official source

Claim an exemption if wages or a bank account are taken

General rule: see state; the deadline is also printed on the garnishment or levy notice

In Ohio:

Fill out the request-for-hearing form that comes with the garnishment notice (it has a postage-paid envelope or postcard) and deliver it to the clerk of court no later than the end of the fifth business day after you receive the notice. You can list why the money is exempt. The hearing covers only how much money can be taken, not whether you owe the judgment. If you do not ask for a hearing in time, the money will be paid to the creditor.

Law: R.C. 2716.06 (wages); R.C. 2716.13 (bank accounts and other property); R.C. 2329.66 · checked Oct 2026 · Official source · From Debt Suit Map: Ohio

How long the judgment lasts

General rule: see state

In Ohio:

A judgment becomes dormant if the creditor does not take a collection step (execution, judgment lien, garnishment or debtor exam) within 5 years of the judgment or the last such step. Each step restarts the 5 years. A dormant judgment can be revived within 10 years after it became dormant; no interest is added for the dormant period.

Law: R.C. 1343.03(A), (B); R.C. 5703.47; R.C. 2329.07(B)(1); R.C. 2325.18 · checked Oct 2026 · Official source · From Debt Suit Map: Ohio

Key facts for Ohio

Debt Suit Map

Time to answer a debt lawsuit
28 days
Shortest time to ask to cancel a default judgment
1 year
Official answer form
No official form found
How long a judgment lasts
5 years

Debt Suit Map: Ohio · checked Oct 2026

Debt Collector Map

Time limit to sue on a debt
6 years
Wage garnishment limit
25% (federal limit)

Debt Collector Map: Ohio · checked Oct 2026

Documents to gather

  • Every page of the court file: complaint, proof of service, default and judgment
  • Any notice of the judgment, garnishment or bank levy you received
  • Proof of where you lived when the papers were supposedly served (lease, utility bills, mail)
  • Your account records, payment receipts and letters from the collector
  • Military orders, if you were on active duty

Where to go

Costs

Filing a motion may cost a fee; courts can waive fees for people with low income (ask the clerk for the fee waiver form). While the judgment stands, interest and costs can keep adding up, at the rate your state sets.

Talk to a lawyer if

  • You were never served with the court papers
  • The deadline to set aside the judgment is close or has passed
  • Your wages or bank account are already being taken
  • You were on active military duty
  • You don't recognize the debt or think it's identity theft

Free help

Free civil legal aid for people with low income: find your local program through the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/get-legal-help) or LawHelp.org (lawhelp.org). Many legal aid offices handle debt collection lawsuits, default judgments, garnishment and bankruptcy. Servicemembers can use their base legal (JAG) office. Some courts have free volunteer-lawyer programs or self-help centers for debt cases; ask the clerk.

Guides for your state

Guides for every state

Questions

Ask the court to set aside the default judgment in Ohio: what is the rule?

File a motion for relief from judgment under Civ.R. 60(B). It must be filed within a reasonable time, and no more than 1 year after the judgment if the reason is mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud. Courts usually also look for a valid defense. (Ohio Civ.R. 55(A), (B); Civ.R. 60(B))

Servicemembers: ask the court to reopen the judgment: what is the rule?

Within 90 days after leaving military service, for a default judgment entered during service or within 60 days after (50 U.S.C. 3931(g))

Claim an exemption if wages or a bank account are taken in Ohio: what is the rule?

Fill out the request-for-hearing form that comes with the garnishment notice (it has a postage-paid envelope or postcard) and deliver it to the clerk of court no later than the end of the fifth business day after you receive the notice. You can list why the money is exempt. The hearing covers only how much money can be taken, not whether you owe the judgment. If you do not ask for a hearing in time, the money will be paid to the creditor. (R.C. 2716.06 (wages); R.C. 2716.13 (bank accounts and other property); R.C. 2329.66)

How long the judgment lasts in Ohio: what is the rule?

A judgment becomes dormant if the creditor does not take a collection step (execution, judgment lien, garnishment or debtor exam) within 5 years of the judgment or the last such step. Each step restarts the 5 years. A dormant judgment can be revived within 10 years after it became dormant; no interest is added for the dormant period. (R.C. 1343.03(A), (B); R.C. 5703.47; R.C. 2329.07(B)(1); R.C. 2325.18)

When should I talk to a lawyer?

You were never served with the court papers; The deadline to set aside the judgment is close or has passed; Your wages or bank account are already being taken; You were on active military duty; You don't recognize the debt or think it's identity theft.

How much does it cost?

Filing a motion may cost a fee; courts can waive fees for people with low income (ask the clerk for the fee waiver form). While the judgment stands, interest and costs can keep adding up, at the rate your state sets.

Plans by state

Open the plan with one state's rules filled in:

Sources

Plan checked Oct 2026. Independently fact-checked 2026-10-25.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.