Versa-Pak, Ltd. v. Sispack Corp.

Summary

The Ohio Third District Court of Appeals affirmed the Mercer County Common Pleas Court’s denial of Sispack Corp.’s motion to vacate a default judgment and return garnished funds. The court held that certified-mail service on Sispack’s agent’s residence created a rebuttable presumption of valid service and that Sispack failed to rebut that presumption. The court also upheld the resulting garnishment.

Holdings

1. Certified-mail service was valid where the return receipt indicated delivery to the defendant's address, contained an additional notation identifying the recipient, and postal tracking showed the documents were delivered and left with an individual. Ohio's certified-mail rule does not require delivery to the defendant personally or to an authorized agent.
2. Sispack failed to rebut the presumption of proper service because the trial court found the testimony of Sisterhen and his wife that they did not receive the documents not credible.
3. Because service was valid, the trial court acquired personal jurisdiction over Sispack, the default judgment was not void ab initio, and the trial court properly denied the motion to vacate the default judgment and return the garnished funds.

Questions Presented

1. Whether certified-mail service of the summons and complaint on the address of Sispack's owner and agent was valid under Ohio Civ.R. 4.1 and Civ.R. 4.3.
2. Whether the certified-mail return receipt and postal tracking information created a rebuttable presumption of valid service that Sispack failed to rebut.
3. Whether the trial court erred in denying Sispack's motion to vacate the default judgment and return the garnished funds.

Disposition

affirmed