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Motion And Order For Revivor - Ohio
|Motion And Order For Revivor Form. This is a Ohio form and can be used in Civil Hamilton County (Court Of Common Pleas) .||
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COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO CASE NO. Plaintiff(s) -vs- REVIVOR PRAECIPE Defendant(s) (Mailing Instructions)To the Clerk of Courts: You will please mail a copy of the attach MOTed ION AND ORDER FOR REVIVORon the following party by Regular Mail Service at the address listed below and thereaftercomplete the Certificate of Mailing: Person to Notice: ____________________________________ Mailing Address: ____________________________________ ____________________________________ ____________________________________ You need one Praecipe per Party. By: _______________________________ Attorney _______________________________ Address _______________________________ Phone Number _______________________________ Ohio Registration No. CERTIFICATE OF MAILING I hereby certify that I mailed the above Motion and Order by Regular Mail Service on this______________ day of ________________, 20_______. GREGORY HARTMANN CLERK OF COURTS By: _____________________________ Deputy Clerk O.R.C. 2325.15 Common Pleas 1907.49, 50, 51 Municipal Court <<<<<<<<<********>>>>>>>>>>>>> 2 COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO __________________________________ CASE NO. _________________________ Plaintiff(s) JUDGE ____________________________ -vs- __________________________________ MOTION AND ORDER FOR REVIVOR Defendant(s) MOTION FOR REVIVOR Now comes the Judgement Creditor, _______________________________, and represents to theCourt that on _______________________ he recovered a judgement against the above Judgement Debtor,__________________________________, in the amount of ______________________________ Dollars($___________), plus his court costs herein taxed at _____________________ Dollars ($_____________)and interest at the rate of _____________ percent ( _____%) per annum. No execution has been issued onsaid judgement for five (5) years. WHEREFORE , the above-named Judgement Credit prays the Court that said judgement may berevived in the above sum(s) in favor of the Judgement Creditor. ___________________________________ (Name), Attorney for Judgement Creditor ___________________________________ (Attorneys Address and telephone) ORDER FOR REVIVOR Upon Motion of the Judgement Creditor, the Court finds that the judgement was granted on___________________ in favor of the Judgement Creditor, ____________________________, against theJudgement Debtor, ___________________________, in the amount of $ ______________________, plusinterest at _________ % per annum and court costs and that no execution has been on said judgement for a period of five (5) years. WHEREFORE, IT IS ORDERED that said judgement shall stand revived, effective the date ofthis Order; and it is FURTHER ORDERED that the Clerk of Courts forthwith mail a copy of this Order to theJudgement Debtor, at the address indicated on the attached Praecipe, informing the Judgement Debtorhereby that the Debtor shall have fourteen (14) days from the date that the Clerk of Courts mails the Orderwithin which to contact the Clerk of Courts by phone, facsimile or mail, to request a hearing to showsufficient cause why said just judgement should not be revived; and it is FURTHER ORDERED that after the expiration of said fourteen (14) day period this judgementshall stand revived and the Judgement Debtor shall have no further right to object to its being revived. DATED: ______________________ __________________________________________ Judge of the Hamilton County Common Pleas CourtO.R.C. 2325.15 Common Pleas 1907.49, 50, 51 Municipal Court <<<<<<<<<********>>>>>>>>>>>>> 3 ORDER OF REVIVORA Motion and Order of Revivor must be filed with the Clerk of Courts. The Clerk will time stamp thefilings and transmit the Motion and Order of Revivor to the Judge assigned to the case for signature. TheJudgement shall stand Revived, effective the date of the signed Order. And it is further ordered that theClerk will then hold the Motion and Order of Revivor for fourteen (14) days.After fourteen (14) days with no objections to the Motion and Order of Revivor having been filed with theClerk of Courts or the assigned Judge, the Judgement will stand Revived.If an objection is filed prior to the fourteen (14) days, the Clerk of Courts will set the action for hearingbefore the Court within fourteen (14) days for hearing on why the case should not be Revived.2325.15 ORC 2325.17 ORC MEMO2325.15 ORC in the manner prescribed by receiving actions before judgment or by action in the courtin which such Judgment was rendered (effect of creating a new judgment) (allowed to show cause why itshould not be revived by a court hearing). 2325.17 ORC If sufficient cause is not shown to the contrary, the judgment or findings mentioned insection 2325.15 of the ORC shall stand revived. 1907.49 ORC in the manner prescribed by the Common Pleas Court.