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Ohio Civil Litigation Questions & Answers
1 Answer | Asked in Divorce, Civil Litigation, Real Estate Law and Family Law for Ohio on
Q: Can dissolution paperwork be amended for proceeds of house sale since ex failed refinance requirement?

In my dissolution, my ex-husband was required to refinance the mortgage to remove my name within two years. He has not done this, and although he attempted to refinance in September 2024, he was laid off again and the mortgage remains in my name. There was a 'late' payment reported to my... View More

Nicholas P. Weiss
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answered on Mar 26, 2025

Yes, but you may not need to do that. So long as you are satisfied with receiving your percentage of equity from the sale from the title company, then all is well.

If you really want to force the refinance, you can always file a motion to show cause. But, if he's not making enough to...
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1 Answer | Asked in Civil Litigation, Real Estate Law and Gov & Administrative Law for Ohio on
Q: Can I sue my town for damage caused by new water meter installation?

I live in a town that recently installed new water meters without resident input. After the installation, my underground water line cracked, resulting in a continuous leak of 2-3 gallons of water every hour, and the estimated repair cost is $4,000. A plumber suggested the crack was due to excessive... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 13, 2025

The issue is one of sovereign immunity. Ohio Revised Code 2744.02 says that political subdivisions are liable for negligence of their employees in caring out governmental proprietary functions. The political subdivision is immune from liability in caring out its governmental functions. I would... View More

1 Answer | Asked in Libel & Slander, Civil Rights and Civil Litigation for Ohio on
Q: What is the best defense against a slander lawsuit for whistleblowers in Ohio facing allegations from church pastors?

I am aware of a situation where the daughter of church pastors made allegations of sexual assault against her brother, and this has led to over 10 other women revealing similar under-aged sexual assault allegations. The cases are under investigation. Three whistleblowers went to social media to... View More

Nicholas P. Weiss
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answered on Mar 4, 2025

Ohio recently passed an anti-SLAPP statute, R.C. 2747.01, et seq, which can provide protection and a counterclaim for allegations of slander or defamation when the speech was protected speech.

The statute, R.C. 2747.01, et seq., “applies to a cause of action asserted in a civil action...
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1 Answer | Asked in Landlord - Tenant, Civil Litigation and Family Law for Ohio on
Q: Can my ex sue me for covering an eviction if I was the only one on the lease?

In 2019, my ex-partner and I rented a townhouse apartment together, but only I signed the lease. She left after we broke up, and I was left to cover the bills. A roommate I found took the money meant for the last month's rent, leading to an eviction on the record. My ex is now demanding that I... View More

Nicholas P. Weiss
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answered on Feb 28, 2025

If she had already vacated then there shouldn't have been an eviction against her. She could file a motion to overturn or seal it. It is unlikely that she would have a case against you.

If the landlord sought money damages against her, then she at least was on a month to month lease...
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2 Answers | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: Home purchase in Ohio with undisclosed issues to code compliance.

I purchased a home in Ohio in 2020, and no major disclosures were made at the time. After purchasing, I hired a roofer to replace shingles, who informed me that the roof is likely not up to code. Similarly, a plumber mentioned that the plumbing doesn't appear to be to code, although more... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 27, 2025

The seller is only required to disclose items that the seller is aware of. The seller may not have known about the code violations. You should read the contract for the home inspection. There are most likely limitations on the extent of the inspection. The contract for the home inspection will... View More

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Ohio on
Q: How to address harassment from a condo-neighbor with odors and noise?

I live in a condo and share a wall with a neighbor who is harassing me with unpleasant odors and noise. The odors are foul smells, seemingly from his bathroom, that wake me up in the morning. The noise consists of a loud, intermittent boom occurring every morning until I can no longer sleep. This... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 27, 2025

To make certain that the Board does not get involved you should review the Condominium Owners Associations bylaws, rules and regulations, and the Declarations for the Planned united Development that established the condominium development. Once you have assured yourself that those do not apply you... View More

1 Answer | Asked in Civil Litigation, Estate Planning, Probate and Libel & Slander for Ohio on
Q: Assistance with death certificate fraud involving spouse's passing.

I am facing a situation involving potential death certificate fraud. After my husband passed away, I was not contacted by the hospital because his children informed them there was no living spouse. I suspect there may be two death certificates, as he was already at the funeral home before I was... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 18, 2025

The idea of two (2) death certificates should be resolved fairly easily by requesting a certified copy of his death certificate from Vital Statistics.

As the surviving spouse you have rights to receive certain assets from the Estate. Any claim the children have should be addressed through...
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2 Answers | Asked in Civil Litigation and Criminal Law for Ohio on
Q: Someone broke into our building. We shot them. Now they are suing us. We are both in our 80s & live humbly.. Any option
Tim Akpinar
Tim Akpinar
answered on Dec 9, 2024

An Ohio attorney could advise best, but your question remains open for two weeks. In terms of options you ask about, you could review the paperwork for the civil case you received with an attorney. An attorney would want to know more details about what they are suing for, and more about your... View More

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1 Answer | Asked in Civil Litigation, Legal Malpractice, Medical Malpractice and Small Claims for Ohio on
Q: Recently was left to die at aTransit Center while a supervisor on duty did not assist or aid me to recovery .

Is this negligence? I called Medics after the Transit center didnt, I was abandoned by representative who was driving the paratransit buses. Once.medics arrived, they performed a series of test, I was then transported by ambulance in which I was hospital with symptoms of a stroke. The public... View More

Tim Akpinar
Tim Akpinar
answered on Nov 8, 2024

An Ohio attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. It looks like you're basing your claim on a breakdown in the services of a public carrier, necessitating the need for EMT response?? It sounds like it would be a weak case. This is... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Ohio on
Q: My apartment neighbor is constantly loud and obscene at practically all hours. How do I get rid of her?

For the last several months my downstairs neighbor has caused nuisance by shouting at her dog, other people, really anything. She is loud and obscene, cussing in every other word and often picking fights with people especially if her dog chases after their pet. I and several other tenants have... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 23, 2024

Have you spoken to the tenant directly? Do that first. You can also write to her so that there is documentation. Write to your landlord as well, to document attempts to resolve the issue prior to filing any lawsuit. If no action is taken, some townships or counties allow a tenant to escrow rent if... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Litigation and Health Care Law for Ohio on
Q: Can Probation office enforce a (unwritten) requirement mandating disclosure of patient’s therapy records to third party?

Probation Office put in place a new (unwritten) requirement for persons in their programs to have an accountability partner. This requirement involves a process of a third party (another person) previewing/accessing a packet of documents created by a health facility that handles behavioral (group)... View More

James L. Arrasmith
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answered on Jul 21, 2024

No, a probation office cannot enforce an unwritten requirement mandating the disclosure of a patient’s therapy records to a third party without proper legal basis. Therapy records and patient notes are generally protected by HIPAA, which ensures the confidentiality of medical information. The... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Ohio on
Q: How do I file a civil suit against a police department and those that made a false report?

I was reported to the police department that I had pointed at gun at a citizen that was not true. I was approached by several officers with their guns drawn. It was discovered that I had never had a gun and that those that reported that I did reported it because of my race. The officers then... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand this is a serious and sensitive situation. To file a civil suit against a police department and those who made a false report, you should consider the following steps:

1. Document everything: Gather all evidence, including the body cam footage, arrest records, dismissal...
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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 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 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 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

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

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