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Ohio Questions & Answers
1 Answer | Asked in Civil Litigation, Collections and Small Claims for Ohio on
Q: I'm being sued by a creditor I filed an answer with the court myself now I have a pretrial date coming very soon.

I can't afford an attorney and my legal aid consultation appointment is after the pretrial, that's the only date they had available. What defense can I use to stop them from garnishing my paycheck? I feel as though this company lied to the court in their filing they claim that they have a... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 23, 2022

Nobody can help you without reading the pleadings and examining the file. Maybe you can buy 30 minutes of an attorney's time before the pre-trial.

1 Answer | Asked in Construction Law for Ohio on
Q: I paid 8 grand to a contractor to start a fence and he gave me a receipt, and never start the job, how i file a complain

The receipt has his name and company name, even somebody gave us his address and he is avoiding all type of a contact

Joseph Jaap
Joseph Jaap
answered on Nov 23, 2022

Check your local court's web site for the process and form for filing a complaint in Municipal Court. Use the Find a Lawyer tab to retain a local litigation attorney to represent you.

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: My sibling is 18 and pregnant, she has asked me to adopt the baby, what are the next steps.

We have talked and she knows that she’s not in the right place in life to raise a child and she’s asked me to adopt, just trying to figure out how to go about it.

Joseph Jaap
Joseph Jaap
answered on Nov 23, 2022

Adoption is done in probate court in your county. Check the court's web site for the adoption process, and use the Find a Lawyer tab to retain a local attorney who handles adoptions.

1 Answer | Asked in Elder Law and Probate for Ohio on
Q: Ward has full guardianship in MI, small Tribal stipend once a year, Need guardian of person and estate or both in OH?

Incapacitated Ward under Full guardianship (person/estate) in Michigan has been moved to Ohio nursing home long term care on full Medicaid/Medicare. I made the facility rep payee for SS check. Ward has one monthly bill, and basic needs/care (clothing, personal items) managed by guardianship now.... Read more »

Aaron Epling
Aaron Epling
answered on Nov 23, 2022

You may be required to 'transfer' the guardianship to the Ohio court. The Michigan court no longer has jurisdiction and may not be able to terminate the case unless it is being transferred. You bring up a couple other complicated issues. I recommend seeking counsel in the county in which... Read more »

1 Answer | Asked in Libel & Slander for Ohio on
Q: Good morning, can I sue a manager at a restaurant or calling me out of my name and texting about me being a drug abuser

I went to Wendy's alone from one of my friends which was $60 and he gave me another $20 so that I could put gas in my truck he's for my truck payment and that I needed to do and I couldn't afford to make a late payment so I went to my friends Wendy's and the manager said that I... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 22, 2022

An Ohio attorney could advise best, but your question remains open for two weeks. You could reach out to discuss with attorneys who handle defamation cases. However, keep in mind that these types of cases are not generally handled on a contingency basis. That means attorney fees could be due at the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: We live in an OH duplex that is being sold. We have no lease. After year one they go M2M. Do we have any rights to stay?

The other tennant is new and has a lease until July of 2023. If the new owner wants to live in one half are we the one's that will be forced out? Our 13 year old is in special classes in this school district as well as counseling. It took a whole year to set up these badly needed services.... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 22, 2022

Without a written lease, a tenant is in a risky position. A month-to-month tenancy can be terminated by either tenant or landlord at the end of any rental period (typically the end of the month) by giving at least 30 days notice in writing to the other. If landlord gives notice, and tenant does... Read more »

1 Answer | Asked in Libel & Slander for Ohio on
Q: I would like to sue someone for slander but they get a disability check .Is there a way that is possible

The person is say The most egregious things about myself and my children , i just want it to stop, but I feel like the monetary value is the only thing that’s going to stop this person from seeing things about me, I got money to be donated I don’t need it

Tim Akpinar
Tim Akpinar
answered on Nov 21, 2022

An Ohio attorney could advise best, but your question remains open for two weeks. You could reach out to attorneys that handle defamation cases to discuss. But these types of cases are not generally handled on a contingency basis, meaning attorney fees can be due, win or lose. You may want to... Read more »

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: Can my cousin sign her baby over to me after birth?

My cousin does not want another baby and I cannot have kids. She and the babies father has both agreed that they want to sign the baby over to me because they cannot afford or want another baby. How do they sign the baby over to me legally at birth?

Joseph Jaap
Joseph Jaap
answered on Nov 21, 2022

Use the Find a Lawyer tab or contact the local bar association to find an attorney who handles adoptions, which are processed in the local probate court.

1 Answer | Asked in Real Estate Law, Consumer Law and Contracts for Ohio on
Q: I sold a mobile home to a guy, He paid me cash for it. We agreed it had to be moved off the property it is sitting on

The buyer got a permit and hired a company to move it.

The company came and took the wrong trailer. They brought it back.

Then they called the buyer and told him that the trailer he bought was unsafe to move.

The trailer I sold to buyer is in better shape than the trailer... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 18, 2022

He would have to sue you for breach of contract or on some other basis such as fraud, and the judge would determine if you have to return the money. If there is no written contract or anything else in writing to confirm what was agreed between you both, that would make the court case more... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Ohio on
Q: My daughters name was found to be on a students hit list.

Her name was on a students hit list. The school has a zero tolerance policy and only suspended the student for 10 days with a potential expulsion based on a closed door expulsion hearing that we are not allowed to go to. What would be our best avenue for how to handle this legally potentially... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 17, 2022

Talk to your local county prosecutors office, which might want investigate and will decide whether to pursue a criminal action. Then use the Find a Lawyer tab to retain a local attorney who handles civil litigation cases.

1 Answer | Asked in Criminal Law, Sexual Harassment and Small Claims for Ohio on
Q: In ohio the age of consent law is 16yd, if a 21+yd did anything sexual with the 16yd would it still be legal?

So I'm 23 matched with a girl on a dating app at first she said she was 23 we get off the app talked for a few days over the phone once said she was 16 then other time said she was 17 and 2 sexual was shared well a few hours ago "her father" called on the number we was texting on... Read more »

Matthew Williams
Matthew Williams
answered on Nov 17, 2022

This is most likely a scam aimed at trying to scare you into giving them money. That said, while the age of consent in Ohio is 16, an adult who engages in a sexual relationship with a minor is taking big legal risks. First, any pornographic images of the minor are highly illegal child pornography.... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: A couple of mnths ago my bf was pulled over for "window tint" but then we're told we were talking to a known dealer

I was an addict and had drugs on me which was found due to them being able to search bc of window tint being too dark.. the cop is pushing to charge me with trafficking. I have never been in trouble and they're saying maybe drug court.. but I was told I would have to plead guilty I am lost... Read more »

Matthew Williams
Matthew Williams
answered on Nov 17, 2022

You need to hire an attorney to defend you.

1 Answer | Asked in Criminal Law for Ohio on
Q: With a minor misdemeanor conviction under Ohio RC 2925.11, how do you answer question 7(A) on the CCL Application?

Section 3 of the Ohio Application for License to Carry a Concealed Handgun states:

FOR THE FOLLOWING QUESTIONS 6, 7A, 7B, DO NOT INCLUDE ANY CONVICTION FOR WHICH A COURT HAS ORDERED SEALED OR EXPUNGED OR RELATIVE TO WHICH A COURT HAS GRANTED RELIEF FROM DISABILITY PURSUANT TO ORC 2923.14,... Read more »

Matthew Williams
Matthew Williams
answered on Nov 17, 2022

If it was a minor misdemeanor--a weed ticket--then just as the instructions say, "Do not include any conviction...for a minor misdemeanor."

1 Answer | Asked in Federal Crimes and Criminal Law for Ohio on
Q: If gps is placed in a package where police do a controlled delivery, do they need to get a warrant to use that tracker
Matthew Williams
Matthew Williams
answered on Nov 17, 2022

Warrants are usually obtained in these situations, yes. But whether they are legally required is a fact specific inquiry because only certain people can assert a legitimate privacy interest in a parcel. If you have been charged with an offense, you should hire an attorney to investigate all the... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: So my wife's mom is getting divorced they have been married since 2019 but they are getting divorced on mutual agreement

They don't have children together she has 2 13 year old boys and the husband has 1 14 year old girl and they do have shared Bank accounts

Joseph Jaap
Joseph Jaap
answered on Nov 15, 2022

If both spouses agree on everything, they can proceed as a dissolution which is simpler, quicker, and cheaper. But each spouse still needs their own separate attorney. She can use the Find a Lawyer tab to retain a local family law attorney to answer questions and prepare documents for the... Read more »

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: What’s the fastest way for son to live with us when mom has full custody?

Mother has full custody. (Mom and dad never married) Dad on birth certificate and pays child support. Mom and dad are coparenting. Oldest son (10) has had some behavioral problems and mom and dad have talked about son coming to live with dad and family to try something different since mom has tried... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Nov 15, 2022

The fastest way is to file a joint complaint for custody with a motion to adopt shared parenting plan with an agreed judgment entry signed by all parties.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: I have a mental health illness and I want to break my lease less than 24 hours of moving in. Am I able to do so?

I took the keys on Friday November 11th around 3:30 pm and by Saturday the 12th at 11:00 am I told the property manager I wanted out of my lease. I signed a 12 month lease, and the place gives me severe anxiety to be in the unit, I haven’t moved all my belongings in yet, and I have 2 cats... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 15, 2022

A tenant can try to negotiate a lease termination with the landlord, but the landlord doesn't have to agree. The tenant wouldn't have a good basis for termination, unless a court finds tenant was not mentally competent to sign a lease. A tenant is not required to move in, but if tenant... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: In Ohio, is a Property Owners Association allowed to revoke owners gate pass access for past due annual fees?

1. No notice given about late dues and or gate access being revoked. 2. There are two gates one is automatic which can only be opened by a gate access card or by a key fob whether you're entering or leaving as well. The other gate is chained and locked shut with no keys given to property... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 14, 2022

It is very unlikely that a judge would allow that. But you might need a judge to put that in writing. Use the Find a Lawyer tab to retain a local real estate attorney who can review the homeowner documents, contact the board on your behalf to demand access, and file in court if necessary.

1 Answer | Asked in Probate for Ohio on
Q: I am the administrator of an estate in ohio. Am I entitled to 1% of the un-probated investments that were Tod.

My attorney says ..because they in 2012 eliminated the estate tax in ohio…

No one gets 1% on non- probated property.

The non-probated property was worth over a million dollars( IRA and 401k passed directly to beneficiary’s.

The owner passed away in 2020

Aaron Epling
Aaron Epling
answered on Nov 14, 2022

Ohio Revised Code 2113.35(B):

"Executors and administrators also shall be allowed a fee of one per cent on the value of all property that is not subject to administration and that would have been includable for purposes of computing the Ohio estate tax, except joint and survivorship...
Read more »

1 Answer | Asked in Appeals / Appellate Law, Family Law and Child Custody for Ohio on
Q: what can be dismissed in the appeals 11th.district ohio permanent custody from my case

from the date of filing of permanent custody to evidentiary hearing was 314 days. Magistrate was wrong on more than four reasons she used to determine her decision for permanent custody to agency. The judge would take over a year and status hearing to address case and grant CPS permanent custody.... Read more »

Matthew Williams
Matthew Williams
answered on Nov 11, 2022

The court of appeals could reverse the lower court. In order for that to happen you need to promptly file a notice of appeal and then a brief. It would be a good idea for you to hire an attorney to help you with this.

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