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DEFENDANT’S MOTION TO SET ASIDE JUDGMENT – 1
Satnam Atwal
334 Preserve Ln
Macedonia, Ohio 44056
Riwaazboutique2018@gmail.com
Defendant in pro per
IN THE BEDFORD MUNICIPAL COURT
CUYAHOGA COUNTY, OHIO
GOLDMAN SACHS BANK USA,
Plaintiff,
vs.
SATNAM ATWAL,
Defendant.
Case No.: 22CVF01282
DEFENDANT’S MOTION TO SET ASIDE
JUDGMENT
NOTICE OF DEFENDANT’S MOTION TO SET ASIDE JUDGMENT
You are hereby notified that on ________________ (Date), at ________ (am/pm), Satnam Atwal
will bring on for hearing his Motion to Set Aside Judgment. The motion will be based on this
notice of motion, the attached motion to set aside judgment as well as any oral arguments
presented at the hearing.
Dated this ____ day of August, 2022.
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DEFENDANT’S MOTION TO SET ASIDE JUDGMENT – 2
Respectfully Submitted,
___________________________________
Satnam Atwal,
Defendant in pro per
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DEFENDANT’S MOTION TO SET ASIDE JUDGMENT – 3
Satnam Atwal
334 Preserve Ln
Macedonia, Ohio 44056
Riwaazboutique2018@gmail.com
Defendant in pro per
IN THE BEDFORD MUNICIPAL COURT
CUYAHOGA COUNTY, OHIO
GOLDMAN SACHS BANK USA,
Plaintiff,
vs.
SATNAM ATWAL,
Defendant.
Case No.: 22CVF01282
DEFENDANT’S MOTION TO SET ASIDE
JUDGMENT
NOW COMES Satnam Atwal, Defendant, and files this Motion to Set Aside Judgment, and
hereby avers as follows:
1. On [Insert Date], Defendant was served with default judgment on this case. Prior to that
day, Defendant had not received any paperwork from Plaintiff. The default judgment
should be voided for improper service.
2. “Ohio law provides that a judgment rendered without personal jurisdiction over a
defendant is void ab initio rather than voidable.” State ex rel. Fairfield Cty. CSEA v.
Landis, 5th Dist. Fairfield No. 2002 CA 00014, 2002-Ohio-5432; see also CompuServe,
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DEFENDANT’S MOTION TO SET ASIDE JUDGMENT – 4
Inc. v. Trionfo, 91 Ohio App.3d 157, 161, 631 N.E.2d 1120 (10th Dist.1993).
3. Therefore, a judgment rendered without proper service is a nullity and is void. Lincoln
Tavern, Inc. v. Snader, 165 Ohio St. 61, 64, 133 N.E.2d 606 (1956).
4. The authority to vacate a void judgment “is not derived from Civ.R. 60(B), but rather
constitutes an inherent power possessed by Ohio courts.” Patton v. Diemer, 35 Ohio
St.3d 68, 518 N.E.2d 941 (1988), paragraph four of the syllabus. {¶19}
5. Civ.R. 4(A) provides that “[u]pon the filing of the complaint the clerk shall forthwith
issue a summons for service upon each defendant listed in the caption.” Under Civ.R.
4.1(A), service may be made by certified or express mail, personal service, or residential
service.
6. “[S]ervice of process must be made in a manner reasonably calculated to apprise
interested parties of the action and to afford them an opportunity to respond.” Akron-
Canton Regional Airport Auth. v. Swinehart, 62 Ohio St.2d 403, 406, 406 N.E.2d 811
(1980), and Mullane v. Cent. Hanover Bank & Trust Co., 339 U.S. 306, 314, 70 S.Ct.
652, 94 L.Ed. 865 (1950).
7. The plaintiff bears the burden of obtaining proper service on a defendant. Cincinnati Ins.
Co. v. Emge, 124 Ohio App.3d 61, 63, 705 N.E.2d 408 (1st Dist.1997).
8. “[W]here the plaintiff follows the Civil Rules governing service of process, courts
presume that service is proper unless the defendant rebuts this presumption with
sufficient evidence of non-service.” Carter-Jones Lumber Co. v. Meyers, 2d Dist. Clark
No. 2005 CA 97, 2006-Ohio-5380, ¶ 11.
9. ‘“Where the defendant files a motion to vacate judgment, and swears under oath that he
or she did not reside at the address to which process was sent, the presumption is
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DEFENDANT’S MOTION TO SET ASIDE JUDGMENT – 5
rebutted, and it is incumbent upon the plaintiff to produce evidence demonstrating that
defendant resided at the address in question.”’ Hook v. Collins, 8th Dist. Cuyahoga No.
104825, 2017-Ohio-976, ¶ 15, quoting Watts v. Brown, 8th Dist. Cuyahoga No. 45638,
1983 Ohio App. LEXIS 15311, 14-15 (Aug. 4, 1983).
10. Service was not properly conducted by Plaintiff upon Defendant. It is only tenable that
the default judgment issued against Defendant be set aside for improper service.
REASONS WHEREFORE, PREMISES CONSIDERED, Defendant respectfully requests this
Honorable Court to GRANT this Motion to Set Aside Judgment and subsequently set aside the
default judgment issued on [Insert Date].
Dated this ____ day of August, 2022.
Respectfully Submitted,
___________________________________
Satnam Atwal,
Defendant in pro per
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