John Soliday Fin. Group v. Moncreace

Citations

• 2023 Ohio 1941

Syllabus

CIVIL – vacating a post-judgment garnishment on wages recovery of money damages consumer auto loan Civ.R. 60(B) motion for relief from judgment manifest weight an order vacating a garnishment and finding that the judgment was paid and discharged is a final appealable order R.C. 2505.02(B)(1) and (3) Civ.R. 60(B)(4) satisfaction of a judgment proof of payment the trial court held, pursuant to the transcript of the August 10, 2015 hearing, that the judgment was paid in full and discharged while pro se Appellee acknowledged she owed approximately $3,000 at the time of the August 2015 hearing, she stated to this court during oral argument that that amount has since been paid it is abundantly clear from the record that Appellant seeks over $21,000 from Appellee for a vehicle purchased 19 years ago for under $8,000 and which has since been repossessed and resold, with no credit to Appellee further, it has been eight years since Appellant has pursued whatever rights it retained in this matter thus, based on these facts and in the interests of justice, the trial court did not abuse its discretion in vacating the garnishment and constructively finding the judgment was paid and discharged the court's judgment under these circumstances is not against the manifest weight of the evidence judgment affirmed.