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Questions Answered by Nicholas P. Weiss
3 Answers | Asked in Bankruptcy for Ohio on
Q: How do I file a legal malpractice for my bankruptcy attorney ?

My attorney has failed to file documents, doesn’t respond to emails, cancels appointments, won’t call during scheduled meetings. I’m in jeopardy of losing home and case being dismissed.

Nicholas P. Weiss
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answered on Mar 4, 2024

If your case is pending, then you should be focusing on replacing your counsel, not suing them. Put your resources into that. A malpractice attorney won't save your house.

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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Q: Started common law marriage in Montana moved to Ohio and continued filing all taxes as married 15 years total.

Also recieved medicaid for our children as married in both states. Gave wife wedding rings. Joint bank accounts and shared property. We are now seperated for 4 years. We lived together had implied agreement through filing taxes state and federal as married in Montana for 7 years and continued the... View More

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answered on Feb 22, 2024

If you met all the criteria for common-law marriage in Montana, then Ohio will recognize the marriage and you will need a divorce.

1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for Ohio on
Q: Can I take legal action if I had to succumb to a drug test because I was accused of smelling like weed but I passed it
Nicholas P. Weiss
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answered on Feb 16, 2024

No. There are no employee legal protections in Ohio for being credibly accused of using marijuana and required to take a drug test.

1 Answer | Asked in Criminal Law for Ohio on
Q: Hello, I'm trying to represent myself as a pro per litigant in a case for CPO violation and sending bill for damages.

All of the evidence is nothing more then hearsay evidence theirs nothing they can stand on with this. I lost valuable time raising my kids because my ex wife has a lot more darker skeletons in her closet and she's not wanting them to get out.

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answered on Feb 14, 2024

Do not attempt to do this yourself. You will lose. Hire local counsel.

1 Answer | Asked in Probate and Small Claims for Ohio on
Q: If I missed filing probate for my father's things can I take someone to small claims court?

My father died about 31yrs ago. At the time I didn't know probate law the way I know it now so I didn't know that I only had a certain amount of time to get my father's things. His girlfriend at the time was upset because she found out he was cheating on her when he had an aneurysm... View More

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answered on Feb 14, 2024

There is almost no chance of you recovering his belongings after 31 years of no action.

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: How do I go about filing abandonment charges on a father who knows about the child and has never been there?

He is currently on child support and hasn’t paid. I currently have sole legal custody of the child for him wishing death on him.

Nicholas P. Weiss
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answered on Feb 14, 2024

There isn't really a charge for abandonment. If he has not paid child support yet, it is likely that CSEA has not yet started garnishing his wages. I recommend contacting CSEA for a status update on garnishment.

1 Answer | Asked in Contracts for Ohio on
Q: Can I consider an agreement made over text message tantamount to a contract?

I loaned a friend a significant amount of money in incremental amounts over 2022. On October 20, 2023, approximately 10 months after the last amount issued, I sent her a message on the Messenger app which stated a lump sum of what she owed me and that I wanted my money back, following her failure... View More

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answered on Feb 2, 2024

Yes. The texts back and forth would constitute an enforceable agreement.

1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: Is it legal for the City of Lorain, Ohio Building Department to ask for an Owner's SS Number, Driver License & D.O.B

The City is requesting this information to obtain a Rental Dwelling Housing License (Occupancy Permit)

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answered on Feb 1, 2024

Yes.

1 Answer | Asked in Consumer Law for Ohio on
Q: I bought a stove from Lowe's, paid for installation/haul away, they failed to do either, what can I do?

I bought a stove from Lowe's, paid for installation/haul away, when they showed up they said they could do neither as it required lifting them over a counter (which I had no problem with Best Buy after buying a fridge), isn't this a breach of contract? I had to pay another person to come... View More

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answered on Jan 31, 2024

This is probably a violation of Ohio's consumer sales practices act. At the very least, I would demand a partial refund. If they refuse then you could potentially bring an action against them.

1 Answer | Asked in Business Formation and Estate Planning for Ohio on
Q: How can I see an old estate case that has absolutely zero information visible on the court records online?

This is about my father who died in 1981. He was a founder of a major company. I can't find anything at all about him anywhere. Not even an obituary, news about his accident, his marriage to my mother, nothing about his estate. I was a month old when he died and I found what looks like a trust... View More

Nicholas P. Weiss
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answered on Jan 16, 2024

That date pre-dates most archived electronic probate dockets. You will likely need to either 1) request that the docket related to the case be sent to you or 2) go to the court to obtain copies of the documents yourself.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can a landlord use an eviction notice in lieu of a written notice of failure to pay rent in Ohio?

Missed a rent payment, on the day it was past-due got an email from the property. Expected it to say I was late and would have three days to pay in accordance with state law and the lease. The landlord instead sent an eviction notice, stating I was to vacate the property within three days. Rent was... View More

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answered on Jan 11, 2024

A landlord may choose to give a three day notice upon failure to timely pay rent unless the lease says otherwise.

2 Answers | Asked in Estate Planning, Family Law and Probate for Ohio on
Q: My adult child passed away and has no will, very little assets ,very little debt
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answered on Jan 11, 2024

It is likely that their estate would qualify for a summary administration. This is an abbreviated process that does not require a lawyer's assistance. Most probate courts will assist in making the application.

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2 Answers | Asked in Divorce, Family Law and Child Support for Ohio on
Q: If a noncustodial parent gives up parenting time, do they still pay the same amount of child support?

My ex-husband is choosing to give up his weekly parenting time due to conflicts with our teenagers. Does he need to continue to pay child support, and if so, does that amount change?

Nicholas P. Weiss
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answered on Dec 18, 2023

It is likely that he will continue to pay support. The amount of support may change based on his decision to give up any custodial rights.

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1 Answer | Asked in Child Support for Ohio on
Q: If your child support comes directly out of your paycheck can you still be held in contempt of court for non paymeif?

I was recently held in contempt for non payment because I was a self-employed insurance agent and was struggling with the economy. I have followed all the court orders to date and have quit my job and began working full time where the money comes out automatically. Why am I still being charged with... View More

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answered on Dec 7, 2023

You likely have an outstanding arrearage that you need to satisfy. When you go back to court you will need to ask to purge the contempt by showing good faith efforts to make payment.

1 Answer | Asked in Criminal Law for Ohio on
Q: My ex friends emotionally manipulated me into sending them money. chief said I can be liable if I keep posting online

I met two friends online a couple of years ago. I told them that I have special needs and don't understand social cues or skills. Last year, they started asking me for money via cashapp, and venmo and I sent them it. They would send me sad photos of themselves, or keep saying please when I... View More

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answered on Nov 22, 2023

There is a lot here. I'm going to answer your question about defamation only. Truth is an absolute defense to defamation. If what you are posting is substantially true, then you cannot be held liable for defamation.

1 Answer | Asked in Cannabis & Marijuana Law for Ohio on
Q: Ohio- do I now have to put up with the smell of weed filling up my apartment because of my neighbors smoking it?

Live in an apartment. Lease says no illegal drugs. But manager ignored complaints only thing that stopped it being constant is fear of cops knocking on their door and now with the law changing am I to live in misery? Moving is not an option. Disabled and on fixed income. Also have asthma and get... View More

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answered on Nov 22, 2023

A landlord has the ability to evict a tenant in Ohio if they have actual knowledge that they are consuming illegal substances. Their refusal to do so could be considered a defect in the property, which could give you the ability to escrow your rent with the court until the defect is corrected.

1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: My house is for sale to avoid foreclosure. Next court date is a non-oral hearing. Can I get an extension on the date?

My house is being listed for sale and I also have a private investor who is working on getting funds to pay-off my amount due. If my house is "under contract" or if the investor needs another 1-2 weeks to get the funds, on the date of my non-oral hearing, can I request that the non-oral... View More

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answered on Nov 21, 2023

Yes, but the better thing to do would be to reach out to the bank to engage in loss mitigation. This would pause the foreclosure while they determined whether you are eligible for any loss mitigation options, including modification of the loan, and will give you time to either sell or refinance.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Ohio on
Q: In Ohio, my stepson's parole officer has agreed to his medicinal card, but says he's only permitted to use gummies, why?

Gummies or smoking medicinal marijuana, sold at dispenseries, has the same THC amount.

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answered on Nov 21, 2023

Under Ohio's medical marijuana statute, medical marijuana may not be smoked. It may be consumed in many other ways, but not smoking.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Ohio on
Q: I am my son's POA. Can I file a sentence appeal with the Ohio Forth District Court of Appeals for him? If so, how?
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answered on Nov 16, 2023

No. A power of attorney does not empower you to represent him in a court of law, which would include the filing of an appeal.

2 Answers | Asked in Civil Litigation and Small Claims for Ohio on
Q: What needs to happen in order for a legal form to have been witnessed as delivered?

I've been asked by a friend to witness delivery of a legal form, and we'd both like to know what the legal process is to make sure I, as witness, can confirm delivery, or if there's an official that needs to be hired/present during the delivery of the form

Nicholas P. Weiss
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answered on Nov 16, 2023

Need a little more information here. Are you issuing service of a lawsuit? What kind of legal form are we talking about?

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