FIA Card Servs. v. Adler

Citations

• 2022 Ohio 4631

Syllabus

Motion to revive judgment motion to vacate judgment motion for default judgment service personal jurisdiction defendant's affidavit. A judgment rendered against a defendant over whom a trial court has no personal jurisdiction is void. A court does not have personal jurisdiction over a defendant unless and until the defendant is properly served with the complaint and summons or the defendant makes an appearance in the case. The plaintiff bears the burden of obtaining proper service on a defendant. If the plaintiff follows the Ohio Rules of Civil Procedure governing service of process, courts presume service is proper unless the defendant rebuts the presumption with sufficient evidence of nonservice. The defendant averred that (1) she never received a summons or complaint, (2) she never signed for receipt of a summons or complaint, (3) the return service card shows her father, who is now deceased, signed for service, (4) she was never served with a copy of the complaint, and (5) she was never served with the motion for default judgment. The defendant's affidavit was insufficient to rebut the presumption of service. The defendant did not aver that she did not live at the address where the summons and complaint were served and admitted that her father signed for service. The defendant's father was of suitable age and discretion to receive service.