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Questions Answered by Nicholas P. Weiss
1 Answer | Asked in Collections and Real Estate Law for Ohio on
Q: Large collection attorney firm out of Cincinnati Ohio has placed over 30K on my credit report for a three year lease.

I have disputed tirelessly for four years. Illegal in Ohio to "double dip" someone moved into my apartment one month ( less than one month ) after I moved out and they will not remove this collection. This collection began during COVID (2020) so no attorney would even discuss with me... View More

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answered on May 6, 2024

1) Contest the debt on the three major credit bureaus.

2) If it comes back corrected, then you are done.

3) If it comes back disputed, bring an action under the fair credit reporting act.

The above only applies IF THERE IS NO JUDGMENT. If their is a judgment, then you will...
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1 Answer | Asked in Family Law for Ohio on
Q: How can I modify an ex parte civil protection order against me ahead of hearing to allow phone calls to my daughters?

I didn't receive service before the hearing which is within 10 days of the filing/granting of the order. The reasonable amount of time the hearing was rescheduled for was two months out during which time I'm not allowed to even communicate with my daughters. I don't necessarily want... View More

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answered on May 1, 2024

Unlikely. The soonest the court could even hear that motion would likely be your existing hearing date.

1 Answer | Asked in Uncategorized for Ohio on
Q: I’m trying to refinance my vehicle but my ex husband is on the title. And said I need to have a attorney send him lette.

It’s in our divorce agreement that he will sign the vehicle over to me after it’s paid off.

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answered on Apr 23, 2024

He doesn't need a letter from an attorney. He needs to just sign off on title as part of the refinance. If he doesn't do this you can ask the court to find him in contempt.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: I am a single unwed mother. Can I ensure no visitation due to lack of contact even though I receive child support?
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answered on Apr 23, 2024

If there is no custody order, and unmarried father in Ohio has no parental rights. That said, it is extremely unlikely that you would be able to prevent the father from getting parenting time if he sought a court order.

2 Answers | Asked in Real Estate Law, Tax Law and Probate for Ohio on
Q: My mom died in Ohio and I'm executor in her Will, which doesn't list her mortgage. What happens to it? Probate required?

In Mom's Will, there is no mention of her mortgage or who inherits the house. Neither child wants it. Small, inexpensive estate and we can't find anything on life insurance. Who pays mortgage? Can I as executor sell it? Am I legally still required to pay on the house until it is sold?... View More

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answered on Apr 23, 2024

You need a full consult here. Many of your questions will be answered with 1) is there a will, 2) what does the will say. If there is no will, the process to clean everything up is slightly different than the process if there is a will that gives the executor specific powers.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Where can I get a probono lawyer? also if my case just ended am I able to now file a new case in a different county ?
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answered on Apr 8, 2024

There is not enough information here to answer your questions. Assuming that this is a custody issue in fairfield, ohio, jurisdiction follows where the children reside, so you would have to file any custody action there. In addition, courts will not allow you to relitigate custody actions unless... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I need help figuring out what to sue my landlord for

He has not allowed me to have water service restored for almost 2 years has filed over 3 eviction and lost all of them. He has slandered my name so bad no other landlord will rent to me.

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answered on Apr 8, 2024

If you've had no water for two years and leave you can sue for constructive eviction. However, you have to actually leave to do that.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: As a landlord, do damages have to be repaired before giving an itemized estiment to tenant of deposit deductions?
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answered on Apr 8, 2024

No, but it really is best practice. Otherwise they can be fairly easily contested.

1 Answer | Asked in Child Custody for Ohio on
Q: Is it legal for an ex to use my Facebook password to access my messenger messages

I shared my Facebook password with my son and his mother used it to login to my personal messenger account and read my messages between me and my family and friends and is trying to use them against me to take away my shared parenting is this legal

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answered on Apr 8, 2024

Though she may have "hacked" your account, there is nothing private about private facebook messages. All of those are routinely subpoenaed in custody proceedings and are discoverable information, particularly if they relate to the kids themselves.

You should take some solace...
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1 Answer | Asked in Consumer Law and Products Liability for Ohio on
Q: Walmart failed to replace my oil in my car. Can I sue for negligence?

Walmart admitted to failing to put oil in my vehicle after draining the old oil. They said they would repair or replace the motor, today 4-2-24 they just offered us fair market value for the vehicle. We have documentation and a second opinion from another mechanic that the vehicles oil pan was bone... View More

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answered on Apr 3, 2024

You are likely entitled to compensation above the fair-market value of the car under Ohio's Consumer Sales Practices Act. Performing a car repair in an unworkmanlike quality is an unconscionable act under the CSPA, potentially giving you triple damages.

1 Answer | Asked in Gaming for Ohio on
Q: What should I do?

Played in a gaming tournament and won the tournament rules state "Prizes will be awarded within 30 days''. I call support they say that the internal rules state "prizes will be awarded within 90 days". I've ask to see the internal rules multiple times but I've been denied.

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answered on Apr 1, 2024

How much money are we talking about? If they are going to be late in paying by 60 days it is probably not worth a suit. If they don't pay after the 90 days then consider serving a demand letter.

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: I want shared custody of my daughter but her mother won't do mediation. What can I do next?

I got to see my daughter twice for 3 hours in a year. We tried mediation and her mother didn't want to continue it. The magistrate said my options were to go to trial or get a lawyer? I'm not sure what each mean and what to do. I have another court date on April 23 at 1 pm.

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answered on Mar 27, 2024

The magistrate is correct. If she won't voluntarily let you see your daughter, then you need to get a court order. This is typically a lot easier with a lawyer assisting you, particularly if you need to have a trial over the matter.

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1 Answer | Asked in Family Law for Ohio on
Q: I am a legal Guardian for my mom has dementia, I am on her checking account if I borrow money and plan on paying it back
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answered on Mar 27, 2024

I cannot think of a faster way to be removed as guardian then to give yourself money from the guardian's account.

1 Answer | Asked in Contracts for Ohio on
Q: I signed a new lease yesterday for $1029. Got it back signed by them. Then got an email to sign again for $1059.

If the lease is signed by me and by the assistant manager of the property then it's a legally binding lease correct? They want me to sign another lease because they messed up on the amount they wanted me to pay.

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answered on Mar 25, 2024

As a matter of law, the lease is binding as signed. As a matter of practicality, that is not a good step to enter into a lease with a group that's going to make "mistakes" like that.

1 Answer | Asked in Business Law for Ohio on
Q: i currently have an llc. I am sole proprietor. I am looking to convert my llc to a inc. will this affect any debt w/llc?
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answered on Mar 25, 2024

The debt will still be owed by the converted entity.

2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: My son has 3 kids, 5 and under. Never married to the Mother. They are now split. He pays her bills but no legal rights

Basically… There is no support order, visitation, or father’s rights set up. She does not work.My son has a good job, works 7 days a week. Came back home(parents) to get his bills back on track. he is behind on many. What direction can He take to get paternity, visitation, support all legal in... View More

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answered on Mar 25, 2024

Agree with Todd's answer, but there are shortcuts here if the parties are willing to work together a little. If both mother and father are willing to execute an affidavit of paternity instead of doing genetic testing, for example, that knocks out a few thousand dollars right there.

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1 Answer | Asked in Consumer Law and Construction Law for Ohio on
Q: What options do I have against a roofer who has replaced a roof and the workmanship is not up to industry standards?

We had our roof replaced 9 months ago and once it was finished, we paid what we owed based on the contract. After a few weeks we realized the work that had been done was not what we agreed upon. They replaced the roof again, then we found more issues on one section of the roof. They replaced just... View More

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answered on Mar 21, 2024

You likely have a claim under Ohio's consumer sales practices act for an unconscionable practice. Contact a consumer attorney.

1 Answer | Asked in Divorce for Ohio on
Q: Are there pro bono lawyers for help with divorce? My spouse has already filed but I cannot afford legal representation.

I do have a restraining order on him and he is the breadwinner of the home.

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answered on Mar 6, 2024

You are going to have better luck seeking out an attorney who is willing to be paid by the other side then someone pro bono. In divorces where there is a significant income difference between the parties, the court can order the breadwinner to pay some or all of the attorney fees of the lower... View More

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.

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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.

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