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Ohio Small Claims Questions & Answers
1 Answer | Asked in Landlord - Tenant and Small Claims for Ohio on
Q: I have a landlord who is attempting to sue me for cleaning of the house after i had moved out.

He stated he was using my deposit for rent for the following month but would not allow me that time to go in and properly get all my things and clean. He stated that since i told him the 1st, he was taking it to heart, even tough that was before he stated he was using the deposit for the next... View More

Joseph Jaap
Joseph Jaap
answered on Jun 2, 2020

If he does actually sue you, and you receive a summons from the court, then you must answer it by the deadline stated in the summons. Use the Find a Lawyer tab and retain a local attorney to review all the facts to prepare the answer and represent you.

1 Answer | Asked in Contracts and Small Claims for Ohio on
Q: I'm wondering about being able to sue someone (my brother) for money he owes me for car payments.

My brother had asked my husband and I if he could take over our car payment. We all came to an agreement and for almost a year the payments were made while my brother had the car. My brother asked us to take the car back in August of 2019. We had asked him if he could fix the damage on the front... View More

Joseph Jaap
Joseph Jaap
answered on Jun 2, 2020

You could sue your brother in small claims court, but if you did not have a written contract, then he could deny he had any obligation to pay, and you probably would not succeed. Check your local court web site for the small claims process.

1 Answer | Asked in Small Claims for Ohio on
Q: Bought new home, HVAC unit not tested in Dec. AC found to be broken during summer. Should I go to small claims court?

Wife and I recently bought a new home during winter.

It was said by seller that the AC unit is new--it appears to be so.

Recently have had a need to use the AC during summer--found that it does not work.

Had 2 trusted inspections saying it is probably a faulty coil.... View More

Taylor P Waters
Taylor P Waters
answered on Jun 9, 2020

Maybe. You would need to allege fraud or failure to disclose, but given the time that has past it may be an uphill battle, though not impossible.

1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for Ohio on
Q: I bought a car from a private person paid stated down payment and was given a month to pay final payment and a bill of

Sale stated such. 5 days later previous owner borrowed stated vehicle to go to the store but never brought it back and stated that changed there mind that they would just give the down payment back when they get paid. What do I do to get it back? Or can I? I live in Ohio.

Joseph Jaap
Joseph Jaap
answered on May 5, 2020

If you still want the car, you will have to sue seller for breach of contract. That process will take several months, and OH court activity is currently suspended because of the virus lockdown. Use the Find a Lawyer tab to retain a local litigation attorney to review the situation and advise you.... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Small Claims for Ohio on
Q: Trying to see if there are any Probono lawyers available to take on a case against FCGSB for my disabled daughter.

I have a 19 year old daughter, Arianna, that has 15 co-morbid diagnoses. Franklin County Guardianship Service Board was appointed in 3rd Party Guardian Dec 2019. Due to Arianna's father (Drew) and I not being able to navigate Co-Guardianship. He refuses to acknowledge 14 of her diagnoses and... View More

Tim Akpinar
Tim Akpinar
answered on May 3, 2020

You could see if the Ohio State Bar Association lists any resources, or you could try to contact them (it could be difficult at the current time with the health crisis) if they could direct you to any entities that could be helpful. Good luck

Tim Akpinar

1 Answer | Asked in Products Liability, Car Accidents and Small Claims for Ohio on
Q: I need to know if I have a chance, or if I should just pay her what she is asking.

An ex-gf of mine is trying to sue my in small court for around 2,000 dollars for damage of her car. When we were together I was driving her car and backed into a pole. She said it was fine. I messaged her telling her I was sorry, I’d help her with it, and all of that, which she has messages... View More

Matthew Williams
Matthew Williams
answered on Apr 5, 2020

Since she had and didn’t use insurance, she has failed to mitigate her damages and could should have some trouble if you argue that in court. From a practical stand point, is $1500 a fair estimate of the damage? Can you afford it reasonably easily? Because it’s probably both the right thing to... 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

Nicholas P. Weiss
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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 Small Claims and Civil Litigation for Ohio on
Q: Ex girlfriend is driving a truck in my name. Can I make her pay the loan off so I can transfer out of my name?

My ex girlfriend and I separated in June 2019. The truck she drives is in my name (loan and insurance). She has been making the monthly payments on the loan and insurance, but I want to get everything out of my name to protect myself since we are not together. Her previous car was also in my... View More

Joseph Jaap
Joseph Jaap
answered on Mar 31, 2020

If yours is the only name on the title to the truck, then you are the owner, and you can go get it back. Then you can sell it to pay it off.

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Ohio on
Q: After the disillusion papers are signed and notarized can my ex-partner come after my house or my money?

We've only been married for 8 months and we have no children together. He was never on the deed to my house.

Joseph Jaap
Joseph Jaap
answered on Mar 11, 2020

The separation agreement specifies the terms of division of property, including your house. Since you have questions about the dissolution process to terminate your marriage, and questions about the agreement, you should use the Find a Lawyer tab to retain a local divorce attorney to review the... View More

1 Answer | Asked in Small Claims, Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: What legal action can I take if my roomate is getting me evicted?

My roommate hasn't been paying his rent on time since October, but I never knew until December because neither he or the landlord told me. I was sent a possible eviction notice in December by the landlord and that's when I found out. I paid my half on time every month, but every month... View More

Joseph Jaap
Joseph Jaap
answered on Feb 25, 2020

If both you and your roommate signed the lease, then you are both fully liable to pay the entire amount of rent owed - joint liability. In an eviction, the landlord can sue both of you, get a judgment, and then collect from one or both of you, whichever landlord chooses. Try to work it out with... View More

1 Answer | Asked in Civil Litigation and Small Claims for Ohio on
Q: My ex fiancee will not give me my things including gifts, can I sue her? Who pays the cost?

My now ex fiancee and I have broken up. I have moved out per her request. I have been given many of my things back, but she has taken every gift her and her family has ever given me. She also has many of the items I brought into the house when I moved in, including items that belong to my children.... View More

Joseph Jaap
Joseph Jaap
answered on Feb 20, 2020

You can claim attorney fees when you sue her, but the judge is unlikely to make her pay those if you win. Unless there is a specific statute that specifies attorney fees, then each party usually pays their own attorney fees -- unless the judge uses discretion to make one party pay the other's... View More

1 Answer | Asked in Car Accidents, Small Claims, Construction Law and Landlord - Tenant for Ohio on
Q: Is my company liable for damages to my vehicle?

My company has recently leased a new office space in a newly renovated building (including the parking lot). The parking lot has a utility pole with a guy wire that extends into a parking space. The parking spot doesn't have any warnings (e.g. the spacing being striped for no parking).... View More

Joseph Jaap
Joseph Jaap
answered on Jan 27, 2020

Talk to the local building dept. whether it is a violation. If not, and if landlord or company will not pay for repairs, you could sue in small claims court. The court will determine if they have any liability for failing to post a warning sign. But if the wire was in plain sight, the court... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Identity Theft and Small Claims for Ohio on
Q: a company I use to work for used my name to commit medical fraud can i sue them?.. there is proof and a investigation

I worked for a home health care agency that is under investigation for forgery. Documents with my name and a fake signature was used to commit medicaid fraud when i was on a medical leave. this is only the beginning of the many things that this company did to me. would i have a case and what can... View More

Matthew Williams
Matthew Williams
answered on Nov 1, 2019

Sure, you can sue. Is there anyone available to pay damages? One of the problems with fly by night companies is they tend to up and vanish. A court order for you to be paid is far from you actually getting paid.

1 Answer | Asked in Landlord - Tenant and Small Claims for Ohio on
Q: Can we be compensated for/ or not be responsible to pay the full amount of rent?

Broken wire underground. Electric company informed us that it was the responsibility of the owner of the trailer park. They were told to get a certified electrician to come here and fix it. Instead, they had their maintinence people fix it and it took 17 days for them to get it approved and turned... View More

Joseph Jaap
Joseph Jaap
answered on Sep 5, 2019

If owner does not give you a deduction, then you could sue the owner for $340, but then the owner might terminate your lease or try to evict you. So try to work it out to avoid that.

1 Answer | Asked in Consumer Law and Small Claims for Ohio on
Q: I bought a used car from dealer. They couldn’t get me a title so I took car back and They gave me a check that bounced.

They had bought the car from an auction and sold it to me for $3600 with no warranty with temporary tag. Then engine showed damage a week later. I thought my only option was to sell car as is to get something back. However dealer could not get me a title for the car! I called them and because of... View More

Taylor P Waters
Taylor P Waters
answered on Aug 23, 2019

You can file a small claims action against them n your local municipal court. Bring all your paperwork, proof of the check bouncing, and all communications from them.

1 Answer | Asked in Landlord - Tenant and Small Claims for Ohio on
Q: With description what rights and options are available? Home was purchased with money deeply sentimental to me...

Paid rent to my mom sharing her home (also child), oral agreement, she, on whim changed;living arrangements, unrealistic expectations, cash only payments, refused receipt, which she would constantly manipulate, pleas for more money because she can’t pay bills/mortgage, then acting as though... View More

Joseph Jaap
Joseph Jaap
answered on Aug 16, 2019

If you do not have a written lease, then if an eviction action is filed, the court will likely evict you. All that other past history is irrelevant. If the court orders the eviction, it typically gives tenant only 7 days to vacate. So try to work it our, or look for new living accommodations.

1 Answer | Asked in Real Estate Law, Small Claims and Family Law for Ohio on
Q: Can you evict an ex when they are not on deed or mortgage? I had to move she’s still there but it’s my house??

My husband to be was battling a DV case for about a year, he has now Been found not guilty. His ex has been living in his house the entire time while he has been paying the bills of course. The house is solely in his name, the deed and the mortgage. How do we get her out, we keep asking his lawyer... View More

Taylor P Waters
Taylor P Waters
answered on Jul 29, 2019

Was she an ex-wife or an ex-girlfriend? If she was an ex-wife, the question is much more complication. If she's an ex-girlfriend, you need to follow normal eviction procedures.

4 Answers | Asked in Bankruptcy and Small Claims for Ohio on
Q: Are you legally required to continue paying charges on a credit card if the cardholder files bankruptcy?

I am not a joint card holder. My name is no where on the account. They just helped me out when I was having money issues and I agreed to pay a monthly amount until the balance was paid off. Now, there is no balance and they keep taking my money even though they no longer owe the amount.

Clark Dray
Clark Dray
answered on Jul 25, 2019

I'm sorry, your question it's a little vague so this might not be what you're asking. If you're a joint account holder on the card, your liability isn't discharged by your co-debtor's bankruptcy. This means that they can come after you if you stop paying.

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1 Answer | Asked in Contracts, Criminal Law and Small Claims for Ohio on
Q: signed car over to daughter, with agreement to pay for the car monthly. She never paid for it.

I signed over car to daughter with agreement for her to make monthly payments for the car. She took car never paid. She’s currently in jail and her husband refuses to give car back. How do I get the car back.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 22, 2019

If the title to the car is in your daughter's name only you cannot get it back--lawfully--absent a lawsuit.

2 Answers | Asked in Contracts, Small Claims, Real Estate Law and Landlord - Tenant for Ohio on
Q: Hi! I had a roommate drop out of school and leave the college house. He pays rent but refuses to pay for utilities.

The utilities were not included with rent. But under the utilities segment on our lease it shows that the person who is signing agrees to pay for them. Is he obligated to pay?

Joseph Jaap
Joseph Jaap
answered on Jul 3, 2019

If he refuses to pay, you could sue him in small claims court. But even if you win, that merely gives you a judgment. Then you have to try to collect on the judgment by going to court again. The court filing fees for all that probably exceed what he owes.

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