How doI go about getting a judgment for money owed to me?

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How doI go about getting a judgment for money owed to me?

I signed for a friend’s ATV loan. She defalted, I reclaimed the unit, sold the unit, and eventually paid the entire loan off. I am suing her for entire cost, minus what it sold for, of course. I just filed the civil suit with local court. They were very hesitant about taking the filing since I wasn’t an attorney. The amount was too much for small claims, or I’d gone that route. I have letters to and from about the debt along with the copy of title showing she put the vehicle in her name. Other than initial filing for civil suit, what other forms are needed to have hearing and get judgement rendered. Hearing has not been set yet.

Asked on December 30, 2010 under Bankruptcy Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am not so sure that you need additional "forms" so much as you need the proper proof, which you seem to have at least some of in the information given here.  You have filed the summons and complaint?  Had her properly served?  Filed the affidavit of service?  Has she answered?  If no then you can file a motion for default judgement after the time frame for answering has expired.  If yes, then you may be able to file for a preliminary conference and send out discovery demands.  This is not an easy thing to coach a person via the Internet and it may be a good idea for you to consult with an attorney on the matter.  Good luck.


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