The jurisdiction for this case is in Ohio
My husband and I owned a business that closed in 2002. The company simply shut its doors one day - it never went into bankruptcy despite its financial situation.
After the company closed, two former employees sued the company and my husband in small claims court for unpaid overtime, vacation, etc.
Employee A received a judgment, however, our lawyer filed a motion (we were no longer in the country at the time and could not accept service or attend the hearing) to remove our personal liability. The motion was granted and the financial responsibility became solely that of the company.
Employee B received a judgment as well. However, our lawyer either failed to file a motion to remove our personal liability, or it simply fell through the cracks somehow. So, on the docket, as well as on our credit report, it now shows that we owe Employee B.
Is there any way to file something now, nearly 6 1/2 years later to protect ourselves from financial liability for Employee B? The cases were heard in the same court, by the same magistrate, six days apart. So, it's a little difficult to imagine that the motion to relieve us from personal financial responsibility would be granted in one case, but not the other.
Would it be feasible to write up a letter citing Employee A's case and submit it in Employee B's case to now turn financial responsibility solely to the company?
Edited to add: it should also be noted that we did not receive notice4 of Employee B's lawsuit - on the docket it shows that the return receipt was signed "illegible." My husband and I only found out about this now; and only because it showed up on our credit reports as we are trying to buy a house.
My husband and I owned a business that closed in 2002. The company simply shut its doors one day - it never went into bankruptcy despite its financial situation.
After the company closed, two former employees sued the company and my husband in small claims court for unpaid overtime, vacation, etc.
Employee A received a judgment, however, our lawyer filed a motion (we were no longer in the country at the time and could not accept service or attend the hearing) to remove our personal liability. The motion was granted and the financial responsibility became solely that of the company.
Employee B received a judgment as well. However, our lawyer either failed to file a motion to remove our personal liability, or it simply fell through the cracks somehow. So, on the docket, as well as on our credit report, it now shows that we owe Employee B.
Is there any way to file something now, nearly 6 1/2 years later to protect ourselves from financial liability for Employee B? The cases were heard in the same court, by the same magistrate, six days apart. So, it's a little difficult to imagine that the motion to relieve us from personal financial responsibility would be granted in one case, but not the other.
Would it be feasible to write up a letter citing Employee A's case and submit it in Employee B's case to now turn financial responsibility solely to the company?
Edited to add: it should also be noted that we did not receive notice4 of Employee B's lawsuit - on the docket it shows that the return receipt was signed "illegible." My husband and I only found out about this now; and only because it showed up on our credit reports as we are trying to buy a house.
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