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Ohio Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Ohio on
Q: How do I get a lawyer for my husband who is being held in Miami county jail on a PV holder for invest.

He’s been held for almost two weeks. And it’s over a neighbor saying he verbally threatened them. Which is a lie.

James L. Arrasmith
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answered on Jun 21, 2024

To help your husband get legal representation while he's being held in Miami County Jail, you can take the following steps:

1. Contact the Miami County Public Defender's Office:

If your husband cannot afford a private attorney, he may qualify for a court-appointed lawyer....
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1 Answer | Asked in Civil Litigation, Civil Rights, Legal Malpractice and Libel & Slander for Ohio on
Q: How do I start a complaint for ineffective assistance of counsel in Butler County Ohio
James L. Arrasmith
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answered on Jun 3, 2024

To start a complaint for ineffective assistance of counsel in Butler County, Ohio, you first need to gather all relevant documentation related to your case. This includes court transcripts, attorney-client communications, and any other evidence that demonstrates your attorney's lack of... View More

1 Answer | Asked in Civil Litigation for Ohio on
Q: I sold a car to my cousin for 3250$ she gave me 1350 up front and it has been 2 months she has been ignoring my call

/text now she finally responded back and told me she was not paying me the car is still in my name title/registration etc if I call the police will they make her give me my car back or will they say it’s a Civil matter and take it to court?

James L. Arrasmith
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answered on Apr 4, 2024

In this situation, the police are likely to consider this a civil matter rather than a criminal one, as it involves a dispute over a private sale agreement between you and your cousin. The police generally do not get involved in enforcing private contracts or resolving disputes between private... View More

1 Answer | Asked in Consumer Law, Contracts, Banking and Civil Litigation for Ohio on
Q: Can an attorney assess Capital One's actions regarding my accounts, including the abrupt cancellations, and my auto loan

Can an attorney thoroughly evaluate Capital One's actions regarding the sudden cancellation of my checking and savings accounts, as well as their handling of my auto loan, to determine if there are grounds for pursuing legal action against the company? Specifically, I'm concerned about... View More

James L. Arrasmith
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answered on Apr 21, 2024

Yes, an attorney who specializes in consumer protection law, banking regulations, and contract law can thoroughly assess Capital One's actions regarding your accounts and auto loan to determine if there are grounds for legal action. Here are some key points to consider:

1. Account...
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1 Answer | Asked in Divorce and Civil Litigation for Ohio on
Q: How long do I have before I have to leave the home after a divorce ?
Todd B. Kotler
Todd B. Kotler
answered on Apr 1, 2024

That is determined by the court. Either that, or at whatever date you and your former spouse are able to agree upon.

1 Answer | Asked in Civil Litigation, Constitutional Law and Criminal Law for Ohio on
Q: I have been on probation for 2 months longer than sentenced. Ive asked for exp. date "I'll get back to you" can I sue?

I finally found my case information today and I knew I was right. Now they changed my probation officer. At the original meeting at probation in Lawrenceburg IN I was given a paper with all info according to my conditions. On the paper it even says that my probation isn't due to end until... View More

James L. Arrasmith
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answered on Mar 9, 2024

Based on the information you've provided, it does seem like there is a discrepancy between the probation end date given to you by your probation officer and the end date that would be calculated based on your 870-day sentence. If you have indeed been kept on probation longer than your original... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Ohio on
Q: I am a high school student working a "mock case" that has already happened. I need help composing my argument.

The case is The Cincinnati Enquirer vs ODPS (Stickrath). Case number: 2022-0425. I am on the side of the Relator and must try and basically overturn the decision. The case concerns ORC 149.433 and security records exemptions. Essentially "our side" requested documents related to the 2022... View More

James L. Arrasmith
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answered on Feb 28, 2024

In constructing your argument as the Relator in the case of The Cincinnati Enquirer vs ODPS (Stickrath), it's important to emphasize the principles of transparency and accountability in government spending. Highlight the significance of public access to information, especially regarding the... View More

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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Landlord - Tenant for Ohio on
Q: I can prove my property manager gave someone illegal access to my apartment and the physical damage n property damage

This illegal access was direct cause of the physical and property damage how do I get charges brought from this . The person a malignant narcissist still enter my property still cause damage after several complaints to police

James L. Arrasmith
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answered on Feb 23, 2024

If you have evidence that your property manager granted someone unauthorized access to your apartment, resulting in physical and property damage, you should consider taking legal action. Start by gathering all the evidence you have, including any documentation, photographs of the damage, and... View More

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for Ohio on
Q: I quit a job cuz they paid male crew more than they paid me to manage but remained a patron of the establishment

I was recently banned for a private post with my personal Snapchat friends, none of whom include my former boss. However, he gained access to my post, a joke about the signs in the bathrooms that say "don't do drugs here" and banned me. I feel like I was discriminated against as a... View More

James L. Arrasmith
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answered on Feb 6, 2024

Discrimination cases typically revolve around unlawful treatment based on protected characteristics such as gender. To determine if you have a discrimination case, you should consider the following steps:

Consult an Attorney: Reach out to an attorney who specializes in employment or...
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1 Answer | Asked in Employment Law, Personal Injury, Civil Litigation and Civil Rights for Ohio on
Q: Will you post a case. Or a Formal Complaint made to the PHRC & EEOC filed with the PA Gov's Office of the EEOC & PHRC?

I filed a formal complaint with the PHRC and EEOC w/the Pa Gov's Office against HACC, Harrisburg Area Community College Pennsylvania. It falls in line with some other complaints you posted on your website and on the net. The formal complaints: PHRC Case No.200800802 & EEOC Case No.... View More

James L. Arrasmith
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answered on Jan 26, 2024

Given the nature of your complaints, including alleged nepotism and discrimination against veterans, the PHRC and EEOC will evaluate the evidence against the relevant state and federal laws. It's important to ensure that all documentation supporting your claims, including any instances of... View More

1 Answer | Asked in Civil Litigation and Consumer Law for Ohio on
Q: Bumper and exhaust fell off driving into bay for oil change. Should they be responsible for the repair?

It's a ford mustang that sits low. The employee guiding him in just told my son yea I guess I should have be watching. And the walks into the office. The owner of the business wasn't any help neither. The police made a report.

James L. Arrasmith
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answered on Jan 25, 2024

In your situation where the bumper and exhaust of a Ford Mustang fell off while driving into a bay for an oil change, determining responsibility can be complex. If an employee of the oil change business was guiding your son into the bay and failed to provide proper instructions or warnings, there... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Ohio on
Q: What are my rights when I LIV LT W/BF who owns home & locks me out, keeps my possessions & takes my car he bought 4 me?

All of this could easily be fixed by "having sexytime with him." My car: he's stolen my car on several occasions during the time I've been staying in Airbnb that he promised to pay for but hasn't paid for & has made me move every 3 or so days (it was every day in a new... View More

James L. Arrasmith
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answered on Jan 10, 2024

Your situation sounds incredibly challenging and complex. Firstly, regarding your personal belongings and the car, if these items were gifts to you, they are legally yours. If he's keeping these from you or using them to control you, this could be a legal issue. For the car, especially if... View More

1 Answer | Asked in Civil Litigation, Juvenile Law, Criminal Law and Family Law for Ohio on
Q: I was in Lake county Ohio jail and I had a juvenile court date set for months. I notified the jail and so did my public

Defender did too and I was never taken to court. My 6 month extension wasn't granted and they gave custody to grandparents.

Todd B. Kotler
Todd B. Kotler
answered on Dec 12, 2023

I am not sure what the exact question is, but based on these facts (which do not state when this occurred) I would have the public defender (if he represents in the Juvenile action), file a notice of appeal and get counsel appointed to file an appeal. You will want an attorney to navigate the... View More

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

T. Augustus Claus
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answered on Nov 16, 2023

For a legal form to have been witnessed as delivered, a witness must sign and date the form, acknowledging that they have seen the delivery to the intended recipient. The witness should also print their name and address on the form. In some cases, the witness may also be required to provide an... View More

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2 Answers | Asked in Civil Litigation, Civil Rights, Constitutional Law and Legal Malpractice for Ohio on
Q: What happens after a violation of procedural due process? What options are available?
James L. Arrasmith
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answered on Nov 5, 2023

After a violation of procedural due process, you have the right to challenge the validity of the proceedings that denied you such due process. Options may include filing an appeal if within the appropriate time frame or seeking to overturn a decision through various post-judgment motions.... View More

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3 Answers | Asked in Civil Litigation and Collections for Ohio on
Q: I received a voicemail saying I was being sued and to call a number. They claim it's a CC. Statute ran out years ago.

I called them and they said it was $1500, but would be $5000 when it goes to court. Checked the courts and nothing was filed. Can they lie to me and threaten to sue me over a credit card that the statute of limitations ran out on years ago? Told them I don't even remember having the card, but... View More

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2023

That's probably a scam. Use the Find a Lawyer tab to retain a local attorney and tell them to talk to the attorney.

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1 Answer | Asked in Business Law, Civil Litigation and Employment Discrimination for Ohio on
Q: What are the negative consequences of settling out a discrimination case against my small business? (barring publicity)

I had an upcoming scheduled deposition on a case that was a guaranteed win. The plaintiff's attorney knew this and did not want to go to trial or come out of his pocket any further. He has simply been trying to get me to spend enough that settling is the better option.

I am not... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 26, 2023

You should immediately settle for the $2,000 if that offer is still on the table. It will cost you much more than $2,000 to defend the matter at trial. If Plaintiff recovers any amount of a judgment, he will be awarded attorney fees under employment discrimination fee shifting provisions. Most... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Ohio on
Q: Do I have a legal defense by declaring the court order I violated was obtained illegally when I have proof of the fact?

I have been charged with violating a court order, but I have proof that it was obtained illegally by falsifying evidence

John Michael Frick
John Michael Frick
answered on Sep 8, 2023

Yes, you can secure a declaratory judgment from a court declaring that a court order you violated was issued illegally and that can be a defense to any action seeking to enforce the court order against you.

1 Answer | Asked in Constitutional Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Ohio on
Q: What kind of attorney do I need to file a civil and constructional rights lawsuit? For not getting a fair Jury trial.
John Michael Frick
John Michael Frick
answered on Aug 24, 2023

First and foremost, you need an appellate attorney to successfully overturn the jury verdict on appeal on a specific ground that shows a lack of fairness in your trial. Unless and until you accomplish this, you have no viable civil claim.

Assuming your appellate attorney succeeds, you need...
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1 Answer | Asked in Civil Litigation for Ohio on
Q: A shipping company called intercontinental usps is holding my package a hostage after paying fees, what should I do

A shipping company called intercontinental usps is holding my package hostage after paying fees and they are demanding more now even after I paid more. They are declining to give the package back at its original location and not giving my money back I paid and are forcing me to pay $500 more after... View More

Joseph Jaap
Joseph Jaap
answered on Jul 31, 2023

Sounds like a scam. Call the US Postal Inspection Service or report to local police.

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