Statute of Limitations on Motion to Vacate

[Larrin]

I recieved a default judgement in a Mahoning County civil case because the defandant failed to show up. I subsequently had the defendants bank account garnished for the entire amount of the judgement. The defendent filed an objection to the validity of the garnishment and then tried to argue the original case at the garnishment hearing. The magistrate did not allow the the arguements to be heard and upheld the garnishment.

My question is how long does the defendant have to file a motion to vacate the original judgement or when will it be safe to spend the money?

[eewillison]

In Ohio, motions for relief from judgment under Civil Rule 60(B) must be brought within a reasonable time or one year, whichever is sooner. The exception to this is when the tenant does not and could not have discovered the basis for the 60(B) motion within that time.

If the Magistrate has ruled in your favor, the tenant does have the right to object to the findings of the Magistrate under Civil Rule 53(e), but only has 14 days from getting the magistrate's decision to do so.

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