Without proper service, the trial court lacked personal jurisdiction over the defendant, which in turn required the default judgment to be vacated. The defendant argued that the designations on the return receipts-“Covid 19” and “C19”-did not demonstrate that a person received the summons and complaint. ![]() Rather than moving to set aside the default judgment, the defendant appealed to the Court of Appeals of Ohio, First District, Hamilton County. This prompted the defendant to answer the complaint, but it was too late: The court entered default judgment in favor of the plaintiff that same day. After several months, the plaintiff moved for a default judgment. The defendant did not file an appearance or answer the complaint. Under the COVID-19 Continuity of Operations Update, carriers were to maintain a safe distance from the recipient, ask the recipient for a first initial and last name, write the information on the return receipt, then have the recipient step away while the carrier places the mail somewhere for the recipient to retrieve it. Postal Service (USPS) modified its procedures to limit its mail carriers’ proximity to customers. To help stop the spread of COVID-19, the U.S. Mail carriers delivered the documents to the recipients but wrote “Covid 19” and “C19” on the signature lines rather than requiring recipient signatures. ![]() The clerk did so, sending the summons and complaint to both the defendant’s registered agent and its principal place of business. The plaintiff’s attorney delivered the summons and complaint to the clerk with instructions to serve it by certified mail. , the landlord plaintiff sued the defendant, its tenant, after the defendant abandoned its office space and stopped paying rent during the pandemic. Plaintiff Complied with the Letter of the Law, Letter Carriers Did Not
0 Comments
Leave a Reply. |