Ask a Question

Get free answers to your Small Claims legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Ohio Small Claims Questions & Answers
1 Answer | Asked in Family Law and Small Claims for Ohio on
Q: A family member borrowed $4,000 to repair his vehicle, I paid for the repairs and have documentation. Next Steps?
Joseph Jaap
Joseph Jaap
answered on Nov 20, 2017

Sue him in small claims court.

1 Answer | Asked in Juvenile Law and Small Claims for Ohio on
Q: My wife is watching her twin nephews at our home. One of them breaks the TV. Who is responsible for the damages?

She was using the restroom at the time and came out to find a large crack in our tv. Tv cost $2,500 around 3 years ago. She is being paid to watch them every now and then. They just turned 2 years old.

Joseph Jaap
Joseph Jaap
answered on Nov 1, 2017

Do you know which twin? Did one of them admit it? Your wife probably assumed the responsibility for any damage when she agreed to watch them in your home. And it could be said that she was negligent when she left two 2-year old boys unattended with the ability to cause damage. You could sue... View More

1 Answer | Asked in Civil Litigation, Collections, Municipal Law and Small Claims for Ohio on
Q: i received a civil summons in the mail monday then ttoday i got another one exactly the same as the first.

this civil summons is for a debt 7 years ago that they are trying to revivor judgement. i didnt receive papers from the first time. this is the first time ive heard of this debt. its from a perious marriage and i dont know what it is even for. how should i respond to this summons.

Bruce Martin Broyles
Bruce Martin Broyles
answered on Oct 10, 2017

You should consult an attorney. You should definitely not ignore. You may want to consult your divorce attorney. Your divorce decree may discuss who is responsible for the debt. The divorce decree will have no impact or effect upon the Plaintiff/ creditor, but if your wife was to be responsible... View More

2 Answers | Asked in Real Estate Law and Small Claims for Ohio on
Q: my sister bought a house and a few months later had to shellout $8000 for a new roof. Can she sue the previous owner?

The previous owner told her and listed in his selling ad that the roof was pretty much new (with in the last 5 years). He also told her he only had to replace a few shingles. When the heavy rain storm that flooded her city, she flooded. Water came up through the floorboards, and her roof leaked all... View More

Joseph Jaap
Joseph Jaap
answered on Oct 10, 2017

Anyone can sue anybody for anything. But litigation is expensive, and the cost of litigation to prove fraud, could be nearly what she is claiming in damages, and the seller would not have to pay her attorney fees even if she wins. And she could lose - if a court determined that she should have... View More

View More Answers

1 Answer | Asked in Civil Litigation, Municipal Law and Small Claims for Ohio on
Q: Can I sue in small claims then sue in municipal Court if damages exceed $6000.00
Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 28, 2017

No. This is example of claim splitting, and is not allowed.

1 Answer | Asked in Consumer Law, Real Estate Law, Small Claims and Landlord - Tenant for Ohio on
Q: What can I do if an individual agreed to refund me a payment but now refuses?

I paid a $350 deposit in cash on a rental house for an upcoming vacation. The trip got cancelled. The owner of the property agreed to refund me in full. I have documentation of his agreement to refund me. It's been a month & he is dodging my calls, texts, and emails. He is clearly running... View More

Joseph Jaap
Joseph Jaap
answered on Sep 18, 2017

You can sue in small claims court, but that might be more trouble than it is worth, and even if you got a judgment, it would take further action to try to collect it.

1 Answer | Asked in Products Liability, Real Estate Law and Small Claims for Ohio on
Q: If someone kicks down their door that you got stuck in cause the door got stuck, who has to pay for it?

I was at a house and I went to the restroom and when I tried to leave the door wouldn't open, I would lock it then unlock, move the handle multiple times, pull on it, nothing happened, it was stuck. So the people who own the house kicked the door to get me out. Who has to pay for the door me... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2017

There are arguments either way. They should because as their guest they owed certain duties to you. Offer to pay the cost of a locksmith house call because if all had been calm and had time to wait that's what would have had to be done anyway.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Small Claims for Ohio on
Q: Bought house and held money in escrow until agreed upon terms complete. Not completed by date given. Next steps? $ mine?

Electrical and subsequent painting/drywall was supposed to be finished by closing date. Wasnt. Then I gave until the 31st. Still wasn't done. He threatened to sue me and both realitors if we do not release the escrow. What grounds does he have to sue? I have legal right to the moneys held in... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 3, 2017

You have a right to keep the money. In fact the escrow letter should not allow funds to be released to anyone else

1 Answer | Asked in Civil Litigation, Domestic Violence, Family Law and Small Claims for Ohio on
Q: Unmarried never lived together. He left a few things here. Has been verbally threatening me over his stuff.

I don't want to see him anymore. He's verbally, emotionally, physically abusive. I don't want to see him anymore. Do I have to give his things back? I just don't want to deal with him and his threats. He sends threats via Facebook. That he'll come down from 50 miles... View More

Joseph Jaap
Joseph Jaap
answered on Sep 5, 2017

Ask him to send you a list of what he wants. Put those things in a box. Take photos of the items that you put in the box. Ship the box to him or put the box outside your place, and tell him they are available for him to pick-up. After that, block him from your Facebook, and if he continues to... View More

1 Answer | Asked in Family Law, Contracts and Small Claims for Ohio on
Q: Can a man legally ask for money back spent on dates if we break up from a short-term relationship?

1.5 month relationship, met online

Joseph Jaap
Joseph Jaap
answered on Aug 24, 2017

It is legal to ask. It also is legal to refuse.

1 Answer | Asked in Family Law, Small Claims and Probate for Ohio on
Q: My brother passed away on July 1st 2017 and my mom let him use a chain saw but the woman he married will not give it

Back.My mother has the invoice where she bought it and still paying for. What can we do to get it back? We dont have a lot of money to go to court. Is there another way we can go about getting it back? Plus she would like something that belonged to him. Please help us.

Joseph Jaap
Joseph Jaap
answered on Aug 11, 2017

You can report it to the police, but they likely will not act. So you have to file a claim in small claims court. The filing fee in small claims court is minimal. Call the court and ask.

1 Answer | Asked in Civil Litigation and Small Claims for Ohio on
Q: when a financial agreement is broken what are the steps for filing in small claims court

The agreement of repayment has been broken three times. I have saved the "promise to pay texts". Do I file downtown Cincinnati or another jurisdiction. What if the person refuses to sign a certified letter? I can I make sure I have the right address of the person I want to sue.

Joseph Jaap
Joseph Jaap
answered on Aug 10, 2017

File in the municipal court in the county in which the contract took place. The court web site provides forms and instructions for filing in small claims court. The limit of a small claim is $6,000. If more than that, then file the claim in municipal court, with a limit of $15,000.

1 Answer | Asked in Collections and Small Claims for Ohio on
Q: I filed an answer to a complaint in small claims in OH. Can I file a motion to dismiss too? Judge referred to mediation.

This is for a debt collection lawsuit. The judge referred to mediation, the case will come up for review on 08/15. I contacted a mediator (because I thought I had to) and set up mediation for later this week? Should I proceed with mediation, or should I let the case come up for review? I want... View More

Matthew Williams
Matthew Williams
answered on Aug 1, 2017

You can file anything. It's chances of success are a different matter. Why do you think the debt collector lacks standing?

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Ohio on
Q: Is an "early move in waiver" where we are responsible for previous tenants' cleaning and damages enforceable?

Landlord usually has 10 days of turnover for his properties for cleaning and repairs. We desperately needed move in because previous lease had expired. We moved in on 5th day of turnover period. Landlord had us sign a waiver making us responsible for all the cleaning and damages of the previous... View More

Joseph Jaap
Joseph Jaap
answered on Jul 27, 2017

Only a court can answer it is enforceable in this specific case and your circumstances. If the lease and waiver were properly signed, then they could be enforceable. If you provided landlord your postal forwarding address, then landlord is required to send you an itemized statement of any... View More

1 Answer | Asked in Products Liability, Small Claims and Consumer Law for Ohio on
Q: I live in columbus ohio. I pawned my tv. When i picked it and took it home discovered it was broke

What can i do since pawn shop broke it

Peter N. Munsing
Peter N. Munsing
answered on Jul 21, 2017

File a claim with them but they'll say it was you. Then go to small claims.

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Small Claims for Ohio on
Q: Vet malpractice small claims court advice.

I took my dog to the vet. The vet did an Xray and said there is a foreign object that needed to be removed. The vet did the surgery and found that it was a dog treat which i told him i had given him before i left home and also asked if we could induce vomiting for the object. They still want me to... View More

Joseph Jaap
Joseph Jaap
answered on Jul 17, 2017

The case would be decided on the evidence and testimony that you present in court. The vet would present evidence of giving reasonable care under the circumstances. The court would then decide if you met the burden of proof with a "good case." Small claims court can decide cases... View More

1 Answer | Asked in Civil Litigation, Municipal Law and Small Claims for Ohio on
Q: How to find a name

I got broken car window from Neighbor mowing his lawn Police filled out a non criminal incident report Neighbor refusing to pay & refused to tell me his or his wifes name how can I obtain his name so I can file in court Police advise civil court filing

Matthew Williams
Matthew Williams
answered on Jul 13, 2017

If he owns the house, you could look up the land transfer records I suppose. But, you don't really need a name just info that will help the police find him, which you have plenty. Lots of police reports are filed without the name of the perpetrator. After all, most people don't know who robbed them.

2 Answers | Asked in Juvenile Law, Small Claims and Criminal Law for Ohio on
Q: If someone is allegedly being accused of taking someone's property and gets in a car with other people who is unaware

of what's going on, can the people in the car with this person have the same punishment as the alleged person who could have taken someone's property?

Joseph Jaap
Joseph Jaap
answered on May 18, 2017

Yes, they possibly could face some criminal charges depending on all the circumstances, and if it went to court, it would depend on whether the judge or jury believed they had no knowledge of the theft. Use the Find a Lawyer tab to contact a local attorney who handles criminal cases if charges are... View More

View More Answers

1 Answer | Asked in Contracts and Small Claims for Ohio on
Q: Can I be taken to small claims for canceling arrangements made on a Facebook sale group?

I needed trash off my property hauled away. I made arrangements with this guy for the next day to haul it away on a Facebook sale group for 200 dollars. Well someone else offered a better deal 150 instead and for the same day. I took them up on that and canceled on the first guy with more than 12... View More

Joseph Jaap
Joseph Jaap
answered on Apr 3, 2017

He could sue you in small claims court. He could show the text messages to the court as proof of a contract. Maybe the court would rule in his favor, maybe not. If he got a judgment, then he could file a judgment lien against your home. Even if he doesn't sue you, will he get more... View More

1 Answer | Asked in Civil Litigation, Real Estate Law and Small Claims for Ohio on
Q: Hello I sold my house about 2 1/2 months ago , before selling we had a company come out and snake a floor drain due to

Smell but we never had a flooding or water back up nor I was aware of any issues w the house we lived there 8 plus years did laundry cooking everything and never had an issue, now buyer is saying she can't do laundry or wash dishes at the sink after living there for 2 plus months cause the... View More

Joseph Jaap
Joseph Jaap
answered on Mar 24, 2017

These sorts of problems arise frequently, with a home buyer experiencing a problem that the seller might never have experienced. The buyer could sue the seller alleging fraud for failing to disclose the problem. Of course, the seller always denies having any knowledge, and sometimes it even is... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.