K&D Management, LLC v. Thomas

Summary

The Ohio Eighth District Court of Appeals affirmed the denial of James Thomas’s motion to vacate a default judgment in favor of K&D Management, LLC. The court held that certified-mail service to the leased premises, signed by a listed legal occupant, created a presumption of valid service under Ohio Civ.R. 4.1(A), which Thomas did not sufficiently rebut. The court also affirmed revival of the judgment.

Holdings

1. Certified-mail service under Civ.R. 4.1(A)(1)(a) does not require the defendant personally to sign the receipt or delivery to be restricted to the defendant. A signed receipt by any person at an address where the plaintiff could reasonably anticipate that the defendant would receive the mailing establishes a presumption of valid service.
2. The presumption of valid service may be rebutted by sufficient evidentiary-quality information showing that service was not accomplished, but the trial court may assess the credibility and competency of the movant's evidence. Thomas did not present sufficient evidence to rebut the presumption.
3. The default judgment was not void because service was properly presumed under Civ.R. 4.1 and Thomas failed to rebut that presumption; therefore, the trial court properly denied the motion to vacate.

Questions Presented

1. Whether certified-mail service was perfected under Civ.R. 4.1(A)(1)(a) when the complaint was sent to the address listed in the lease and the certified-mail receipt was signed by another legal occupant rather than by Thomas.
2. Whether Thomas presented sufficient evidentiary-quality information to rebut the presumption of valid service.
3. Whether the trial court abused its discretion by denying Thomas's motion to vacate the default judgment.

Disposition

affirmed