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Ohio Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law and Family Law for Ohio on
Q: Mediation and our marital home

We bought our home during our 8 year marriage. Documentation does not have my name on it as owner. To save money, we opted to try to settle with a mediator we still need to get. My husband suggested buying out my equity in the home and paying off my car for me by dipping in his 401K in lieu of... View More

Joseph Jaap
Joseph Jaap
answered on Sep 9, 2024

A mediator helps the two spouses reach a settlement outcome that both spouses agree is fair, or at least tolerable. But if each spouse is not fully informed of their potential rights and all the implications of the settlement, then that spouse might be at a disadvantage in agreeing to a mediated... View More

1 Answer | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Arbitration / Mediation Law for Ohio on
Q: What should I do in a case of fraudulent misrepresentation?

Was convinced to sign up for a service by door to door salesmen. They said it would only cost $50/mo, cheaper than what I paid at the time, & the first month wouldn't exceed $70. Told to ignore higher total when it calculated to $120. Perjuration made first bill $300+. Tried to cancel. Was... View More

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2024

An Ohio attorney could advise best, but your question remains open for over a week. This is a mess that could require sorting out beyond what is possible with a few quick recommendations on a Q & A forum. At this point, the debt collector will require attention - either on your own, expressing... View More

1 Answer | Asked in Arbitration / Mediation Law and Small Claims for Ohio on
Q: For small claims court, do you need to print text messages or can you show them on your phone during mediation?
Tim Akpinar
Tim Akpinar
answered on Jan 10, 2024

An Ohio attorney could advise best, but your question remains open for two weeks. It could be best to print them, so that there can be a copy for yourself, the other side, and the judge. Since copies of printed text messages and emails can be regarded with suspicion as a general premise, it would... View More

1 Answer | Asked in Estate Planning, Antitrust, Arbitration / Mediation Law and Probate for Ohio on
Q: My father died and my stepmother has sent me a bogus will I believe there's no signature or no stamp mark.

Should the heirs of my father have received a copy of the will from some reputable attorney firm we live in Ohio Father lived in Pike county Alabama we're having trouble since we're states apart finding a attorney that can represent us in this matter.

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024

Unfortunately an Ohio attorney is not going to be able to help you here. Because you father lived and died in Alabama, his will and estate will be probated there and be subject to Alabama law. Good luck in your search!

1 Answer | Asked in Contracts and Arbitration / Mediation Law for Ohio on
Q: Contract has a termination policy that has confusing wording

I spoke to an individual who is a pretty highly rated fitness instructor. The contract either $450 per month or pay all up front for $2,700. Anyway, I said on the phone I'd likely do monthly billing. The billing is done through an invoice sent on PayPal thats set on 'AutoPay'. So... View More

Tim Akpinar
Tim Akpinar
answered on Feb 25, 2024

An Ohio attorney could advise best, but your question remains open for four weeks. At this point, the least expensive option could be to direct your question to the instructor. That could be a safer approach than trying to interpret the language that creates concerns for you. Good luck

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Ohio on
Q: There is presently 2 Condo Board members for the last 3 years and condo association has had 3 failed Quarum's .

What happens next. Breach of Condo Covenants. Fiduciary Duties

Todd B. Kotler
Todd B. Kotler
answered on Oct 20, 2023

There is not enough information here to adequately answer. What fiduciary duty has been violated? Has money been misappropriated? Has there been some actual damages that the association or the homeowners have actually suffered? What remedies are presented in the association bylaws? What... View More

1 Answer | Asked in Employment Law, Bankruptcy, Tax Law and Arbitration / Mediation Law for Ohio on
Q: Can an employer be pursued for monies incorrectly withheld and paid to a municipality due to an acknowledged error?

Hired in 2005, I moved to a virtual role during 2012. Following a bankruptcy discharge in 2018 I was notified of a municipal income tax deficiency owed to my residence city. Upon receipt of the notification I worked with the tax authority to attempt to reconcile. This included providing copies of... View More

Timothy Denison
Timothy Denison
answered on Sep 1, 2021

Yes.

2 Answers | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Probate for Ohio on
Q: I lived with my fiancé for 17 years. We ran a business together out of the house for the last 11 years. She died.

She left the house to her sister. I knew that. However, they took the business name and accounts and took control of the business PO Box and all incoming checks and entered them into probate in Greene Co. Ohio. I subsequently had to file all necessary paperwork and obtain a new federal EIM and new... View More

Joseph Jaap
Joseph Jaap
answered on Jul 19, 2021

If there is an operating agreement or partnership agreement for the company, you could make a claim for your share of the ownership. If any of your personal property was removed from the house, you could make a claim for return of that. Use the Find a Lawyer tab to retain a local attorney to... View More

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1 Answer | Asked in Employment Law, Arbitration / Mediation Law and Employment Discrimination for Ohio on
Q: Former employer's HR retaliated against me for reporting racism in the workplace. I later quit and HR denied benefits/UI

HR (and other supervisors) refused to do anything about racism in the workplace. They lied about company policy and my ability to resolve the issues on my own. And Later when I quit due to these and other conditions, they denied paying out vacation that I was eligible for and entitled to because... View More

Kyle Anderson
Kyle Anderson
answered on Apr 28, 2021

Hi, more information is needed here. Complaints about racism in the workplace may be protected under Title VII. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Arbitration / Mediation Law for Ohio on
Q: My brother's wheelchair broke. I discharged him because of Covid concerns. The assisted living threw out his wheelchair.

I was not allowed to enter his building. He was discharged without all his possessions. They do not answer phone calls.

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2021

An Ohio attorney could advise best, but your question remains open for two weeks. I'm sorry for the ordeal you and your brother experienced. You could consult with a local attorney to review the matter. It does not sound like something that would be handled on a contingency basis, so... View More

2 Answers | Asked in Arbitration / Mediation Law for Ohio on
Q: If there is a arbitration agreement on my contract, can the company sue me instead of going to arbritration?

This was a roofing contract. I paid half and have not paid the balance because of issues that have not been resolved.

Drew Chalfant
Drew Chalfant
answered on Nov 18, 2020

Ohio courts routinely enforce arbitration clauses in contracts unless there are specific exceptions in the language of the agreement that would apply to your case, or if there is a significant difference in the bargaining power between the two parties to the contract. If the roofing company... View More

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2 Answers | Asked in Arbitration / Mediation Law and Civil Litigation for Ohio on
Q: My sons girl friend gave $ to the family to hold so they could get an apt

they were saving up for an apartment together before they broke up this week. she wants to take it all but $200 of the $. but he bought her an iphone for $300-$400 she doesn't want to pay him back for it out of her share. she has threaten to bring the cops so they can make him give her all the... View More

Joseph Jaap
Joseph Jaap
answered on Aug 20, 2020

The cops are unlikely to do anything. They certainly won't make him pay money. The aren't collection agents. That isn't what cops do. She would have to go to small claims court.

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2 Answers | Asked in Real Estate Law and Arbitration / Mediation Law for Ohio on
Q: My roommate moved out and we're both still on the lease. Is she still responsible for her half of the rent?

My roommate has completely moved out, but she says she will still pay her rent. Because she's on the lease. How can I legally get a new roommate?

Joseph Jaap
Joseph Jaap
answered on Oct 28, 2019

Both of you remain fully liable for the entire monthly rent amount. If she stops paying, and you do not pay it in full, landlord can evict you and sue both of you. Check your lease to determine if it allows you to sublease, or work it out with landlord if you find a new roommate.

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1 Answer | Asked in Family Law, Appeals / Appellate Law, Arbitration / Mediation Law and Child Support for Ohio on
Q: If the County job and family services says I owe them money but can't provide proof of money being owed to them

What do or can I do?

Joseph Jaap
Joseph Jaap
answered on May 14, 2018

Do you have documents that show you paid the amounts they say are due? Were the amounts you paid listed on your tax returns, payroll deductions, or bank statements? If their records show you owe money, even if they don't have full documentation of that, you might have the burden to prove... View More

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Landlord - Tenant for Ohio on
Q: Had a sublet for 2 weeks now but never moved into the room. Later occupied by another girl can I get my money back?

I had a sublet with girl 1 to take over her portion of the lease. The leasing company told us to have an informal lease agreement basically stating that I would be taking over. I got the keys and everything and gave her $505 for the rent for the month. A day goes by and my room is occupied with... View More

Joseph Jaap
Joseph Jaap
answered on Dec 28, 2017

You can sue in small claims court to try to get your money back. But even if the court gives you a judgment, then you have to try to collect it, which is another visit to court.

Q: If I live in a home my family owns half of, can I be evicted if the other party is trying to force us to sell it?

My parent paid over half the value of this home as s favor to a family friend when her spouse died to keep the previous owner from foreclosure..under the verbal agreement made in front of our attorney she agreed my family would pay off the balance of the house, she would live in it until she... View More

Joseph Jaap
Joseph Jaap
answered on Dec 11, 2017

The owner named on the deed can evict anyone whose name is not on the deed. Use the Find a Lawyer tab to consult a local real estate attorney who can review all the facts of this complicated situation and advise you on your options.

1 Answer | Asked in Arbitration / Mediation Law and Landlord - Tenant for Ohio on
Q: friends homeless asking to stay for 5 days w their belongings in garage, been 25 days no rent.Need to evict them?

no rent , no money exchanged at all. have recorded was only temporary, stole my debit n didn't press charges, do I need to evict them? what about their belonging filling my garage, cannot get to my necessary belongings?

Joseph Jaap
Joseph Jaap
answered on Apr 19, 2017

Yes, unfortunately, you must use the proper eviction process. If you don't, they could sue you for wrongful eviction - and they probably would. Give them a 3-day notice for non-payment of rent, and then file for eviction after 3 days. The court might dismiss that, since there was never an... View More

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