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2 Answers | Asked in Construction Law for Ohio on
Q: What can I do to get my money back from a contractor who did not finish the construction they were paid for?

Work has taken 4 months longer than what contract stated, more payments have been made than contract stated.

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answered on Apr 17, 2020

It's possible that the contractor has breached Ohio's Consumer Sales Practices Act (CSPA). If so, he is liable to you for three times your compensatory damages plus your attorney fees. Consult with a consumer attorney in your area.

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1 Answer | Asked in Criminal Law, Real Estate Law and Probate for Ohio on
Q: Child’s father past and then his mom left his heirs his inheritance but siblings haven’t sent it it’s been 7 years

Family sold all property to liquidate property and was suppose to send there inheritance to them they never did from Porto Rico

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answered on Apr 16, 2020

After seven years it is likely that the statutes of limitations on this have expired. If he deceased in Puerto Rico then you need to consult with an attorney licensed there to give you a better answer. Can you provide a little more information on this? Is the mother still alive?

1 Answer | Asked in Contracts and Consumer Law for Ohio on
Q: I agreed to buy an item listed on Facebook Marketplace. I am in Ohio, as is the seller. Is this legally binding?

I have agreed to buy an item listed on Facebook Marketplace. I am in Ohio, as is the seller. We used facebook messenger to come to an agreement. The seller has since raised the price, and also listed it on ebay. Do I have a legally binding agreement?

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answered on Apr 16, 2020

Yes. However, a court is unlikely to enforce the agreement unless you have been harmed in some way or the item was a specialty item or otherwise difficult to procure.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: I am the sole residential and legal custodian of our 2 children. My ex-husband has not returned our children.

My ex-husband has picked up our children for spring break and was to return our children back to me on 3.29.20. I drove to Chicago on 3.31.20 where he claims to reside to attempt retrieval because he claimed he couldn't drive due to surgery the week of 3.23.20 - 3.29.20. I had police escorts... View More

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answered on Apr 12, 2020

Your only remedy here is to file for a motion to show cause. I would also file a motion to modify parenting time if he is fundamentally violating the current order to prohibit him from pulling this again. The court likely won't be able to rule on it for a while, but the threat of attorney fees... View More

1 Answer | Asked in Family Law and Child Support for Ohio on
Q: I had a contempt case i missed I'm sure they issued a warrant i have 130 days on the shelf can u keep me outta jail

I live with my kids and their mother always have just not married I've always worked so the support comes right back to me beings that we are together I've been in a bad way for a few years and got behind this is my 3rd contempt in 18yrs anyway I'm trying to get back on track and... View More

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answered on Apr 11, 2020

If you are living with the mother then the only reason there would be a child support order is if she applied for public assistance and stated that you were not residing with her. If the two of you are residing together you can ask the court to terminate the order or at least waive the arrearage.

1 Answer | Asked in Consumer Law and Lemon Law for Ohio on
Q: Hi..I purchased a Bentley from a dealer in Cleveland OH and I Beilieve details were not disclosed./fraud sale

Vehicle on day one broke down ended up needing two batteries for 750 dollars, then immediately needed 3k repairs which didn’t resolve some issues. Bottom of car completely rusted and local mechanic said it has sustained water damage. Dealer sent me check for 1500.00 which is no where near... View More

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answered on Apr 11, 2020

Check your contract. If you purchased the car "as is" and no affirmative misrepresentations about the car were made, you are likely out of luck. If the dealer made affirmative misrepresentations about the quality of the car, you may have a cause of action under Ohio's Consumer Sales... View More

1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: If I win something. Then the person asks me to pay for shipping, am I allowed to keep what he sends me?

.

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answered on Apr 9, 2020

Can you provide any more information on this question? It's not clear what the legal issue is. Did you win something in a competition but you have to pay postage?

1 Answer | Asked in Child Custody and Juvenile Law for Ohio on
Q: My daughter is 17 and 9 mo pregnant. She lives with her dad currently but wants to live with me her mother.

Courts are closed so I cant file for emergency custody or custody. She does not want to go back there. What can we do? If she doesnt go home what could happen?

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answered on Apr 9, 2020

The court's aren't closed to everyone, they're just suspending all activities until April 13, 2020. Essential services are still ongoing. You can file with Lorain County Domestic Relations for a modification of the parenting order and it may still be heard, just slowly.

As to...
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1 Answer | Asked in Civil Litigation and Family Law for Ohio on
Q: can you help my daughter get her tax return $$ back from her now ex-boyfriend?

She deposited the money in his bank account in the good faith that it was to be used as part of their down payment for a house. He refuses to return it, claiming he deserves the money. She has two children (one of them his) and works in a fast food restaurant. Is there someone she can contact for... View More

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answered on Apr 9, 2020

Depending on the amount she could bring a small claims action against the boyfriend. She essentially gave him an advance on joint funds to be used for a purchase of a property in which they would be co-owners. The purchase didn't go through, but he kept the money. That's either breach of... View More

2 Answers | Asked in Contracts, Civil Litigation and Collections for Ohio on
Q: Ohio sued for debt that isn’t mine. Stated that I was victim of mistaken identity or ID theft. P hasn’t responded to

Discovery requests but they sent paperwork to start an ID Theft investigation. I don’t even know that the debt exists & not comfortable giving them any information or attesting to a theft with no knowledge a theft occurred. I have already stated under oath that the debt is not mine since I... View More

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answered on Apr 9, 2020

There is really no downside to filing a theft report and it can only help your case. There is a debt on your name. You say that it's not yours. If it's not yours there are only two options: 1) The Creditor made a mistake or 2) your identity was stolen. In either case, it's in your... View More

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1 Answer | Asked in Personal Injury for Ohio on
Q: I contend my brother forged my moms signature on a POA. He and the lawyer that wrote it, claim that she signed it.

When they wrote the POA, they put the wrong middle initial. Then he signed it, and used the wrong middle initial for the signature. Does that prove forgery?

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answered on Apr 9, 2020

That's going to be weak evidence. Your best bet would be to retain a handwriting expert who can conduct an analysis of the two signatures to determine whether it is a forgery.

1 Answer | Asked in Family Law for Ohio on
Q: My sister died in 2013. Her kids had to go live with their dad. My nephew is now 16 and no longer wants to live with

his father.He wants to live with his mom side of the family. We have been to court once and they granted visitation rights. The reason he wants to live with us is because his dad will not follow them and will not allow us to be active in his life. He wants to be emancipated. Is this possible in... View More

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answered on Apr 6, 2020

You cannot be emancipated in Ohio. It is possible, but difficult, for a non-parent to be granted custody of a minor child. Parents may be denied custody only if a preponderance of the evidence indicates abandonment, contractual relinquishment of custody, total inability to provide care or support,... View More

1 Answer | Asked in Employment Law for Ohio on
Q: can I be terminated if, employer says to work from home 3 weeks later disconnected the my work cell I need to do my job

I am also currently on FMLA because I have autoimmune disease

HR was on the email my boss sent me saying I was refusing to work. Even though I offered suggestions like having IT remotely add the phone app to my computer or have the calls go to voicemail and I return the calls using my... View More

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answered on Apr 5, 2020

If you are on FMLA you cannot be terminated as you are not supposed to be working anyway. If they terminate you while you are on leave you have several causes of action against your employer.

1 Answer | Asked in Civil Rights for Ohio on
Q: What are my legal rights as tenant in Cincinnati Ohio if I can't afford my rent any more due to loss of job due covid19

Most recently laid off due to covid19 pandemic. Girlfriend hours reduced 50%(roommate). We can no longer afford the rent and asked the landlord if we can pro rate our rent until this pandemic passes. They said no by law they are not required to. We even suggested that they can apply rent we... View More

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answered on Apr 5, 2020

Any federally subsidized housing through HUD has restrictions on evictions through April. Otherwise it's business as usual and the landlord has discretion as to whether they will evict.

1 Answer | Asked in Family Law for Ohio on
Q: My ex took my daughter for visitation now won’t give her back and he stopped communication with her we have court order
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answered on Apr 5, 2020

If he is in violation of your court order then the process is to file a motion to show cause why he should not be sanctioned by the court. An attorney can help you with this nd he can potentially be required to pay any fees associated with filing the motion.

2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Wife wants me to relinquish rights in disillusion. Should i?

My wife requested that I relinquish the rights to my daughter so that she can get better benefits and I wouldn't have to pay support. We live in Ohio. This doesn't sound right. Everything I have found says she would need someone to adopt and I would never see my baby again. Also I would... View More

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answered on Apr 5, 2020

Unless another person adopts your daughter you will still pay child support.

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1 Answer | Asked in Family Law for Ohio on
Q: Is it possible to change the custody terms of a separation agreement after a dissolution is finalized?

I finalized a dissolution with my spouse about a year ago and after having had to abide by the originally agreed upon terms, I am pessimistic as to whether or not I can do anything to amend these terms. Without cooperation from my ex, is there anything that can be done to revise the terms so that I... View More

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answered on Apr 2, 2020

To change a divorce decreed (or in this case a dissolution) after the decree for parenting time you need 1) a change in circumstance since the decree and 2) the change must be in the best interest of the child. It is possible that the deteriorating conditions you're describing could be that... View More

1 Answer | Asked in Real Estate Law and Small Claims for Ohio on
Q: How do permit bonds work to protect homeowners needing repairs?

I purchased my home in November 2019. I was told the roof was replaced in September 2019. Before purchasing the home we noticed a small leak around the chimney, which was to be repaired before the home was transferred to us. Now the roof is leaking again. I had a roofing company look at the roof... View More

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answered on Apr 2, 2020

Just wrote an article on this: https://www.npweisslaw.com/blog/clevelandrooferbondclaim. The short version is you need to find out who the bond company is and make a claim on the bond. Your municipality will have that information so long as the contractor was registered with the municipality.

1 Answer | Asked in Family Law for Ohio on
Q: I have a 3 year old. The father is a sexual predator I want to revoke rights

He has a cpo order from myself

for domestic violence

He has 25+ felonies including assault with a deadly weapon, robbery, theft etc etc.

He was also charged with pandering obscenity with a minor involving sexual motivation

He was released from prison just a little... View More

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answered on Apr 2, 2020

If you were never married, then he doesn't have any rights to revoke. Unmarried father's must seek parenting time in a court order and if they don't you have no obligation to give any parenting time.

1 Answer | Asked in Family Law and Civil Litigation for Ohio on
Q: My brother hasn’t followed thru w visitation I’m very close w my niece I need to know if I can get his visitation

I’ve been there from the beginning she is 2 I can see her 1 time a week maybe n have been threatened she doesn’t have to let me see her at all. It’s about power and the bitterness about my brother

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answered on Mar 31, 2020

It is very difficult for an aunt or uncle to obtain custody rights. Your brother is probably correct that he does not need to let you see your niece. An attorney would need a lot more information to give a better answer here but it's unlikely that you would be able to obtain your... View More

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