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Ohio Civil Litigation Questions & Answers
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

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

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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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 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 and Real Estate Law for Ohio on
Q: I am selling my house but the title office said they don’t have a record of my deed being notarized.

We did get it notarized and the tax bill also states we’re the owner

Joseph Jaap
Joseph Jaap
answered on Jul 24, 2023

That deed is defective, and you won't be able to close the sale until it is corrected. The seller who sold the house to you will have to sign a corrective deed, have it notarized, and recorded. If you can't find the seller, you could have to file a quiet title action in court, and that... View More

1 Answer | Asked in Civil Litigation, Family Law and Domestic Violence for Ohio on
Q: Can an officer of the court lie to you, preventing you from information regarding your own case?

I called the county I was sure my soon to be ex filed for divorce in, but the lady was snarky and evasive, so I traveled to that county and she was extremely rude to me, then fake typed my info in, I literally watched her type nonsense the hit enter.

Todd B. Kotler
Todd B. Kotler
answered on May 24, 2023

From your question one cannot tell if the person with whom you disagree is actually an officer of the court. It looks like it might be a deputy clerk of courts, which is a little different. I recommend finding out from the clerk of court's website whether the information you are seeking is... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Ohio on
Q: I am being harassed over text. Should I take action?

My coparent and his wife continuously harrass me over text. They attack me, my character and parenting style. No threats of harm have been made. I do not respond to these messages yet they continue to send them. I don't block their number because my son lives in their household during... View More

Nicholas P. Weiss
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answered on Mar 27, 2023

If you don't have an existing custody order, I'd recommend pursuing one and making a condition of the order being that everyone uses a third-party messenger service, like Our Family Wizard, to communicate. The benefit there is that anyone, including the court or GAL, will have instant... View More

1 Answer | Asked in Civil Litigation, Education Law and Elder Law for Ohio on
Q: ORC 4117.103 -volunteer at public schools When can a qualified volunteer be turned back by principal?

be turned away directly from the principle?

Arriving at my granddaughter’s elementary school for an approved PTO volunteering event at the requested time, Right away I was met with resistance. She began using her phone. She inquired to several ladies standing close by a loc of someone.... View More

Matthew Williams
Matthew Williams
answered on Jan 20, 2023

The law does not require the schools to allow any particular person to volunteer and there are literally hundreds of reasons from the mundane (we have enough help) to the quite serious (this individual set fire to the building last time they were here) that someone might be turned away.

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Foreclosure for Ohio on
Q: My mother-in-law was served papers recently. In them she is marked as a judgment creditor. What does this mean?

The case seems to be a default on a property owned by someone possibly attach to her we are unsure on what the complaint in the case is but they have her marked as a judgment creditor in the concerned parties information.

Tim Akpinar
Tim Akpinar
answered on Dec 12, 2022

An Ohio attorney could advise best, but it looks like your question was overlooked under the general Uncategorized heading. You could try reposting under Collections, Foreclosure, Bankruptcy, and Civil Litigation. This looks like something for attorneys who practice in one of those areas. Good luck

1 Answer | Asked in Civil Litigation and Small Claims for Ohio on
Q: My question is, can they do that? Agree to $85 being the amount repaid, and then demand an additional $200 or be sued.

I was working for a pet store/supply company, and stole $85 worth of merchandise due to financial issues I’ve been having. I apologized, admitted to my wrong actions, and even agreed to pay back the $85 which is the amount a cooperate representative of the company agreed was the correct amount... View More

Matthew Williams
Matthew Williams
answered on Nov 29, 2022

First, yes, they can sue you. There is a statute that allows merchants to sue for statutory damages of $200 from thieves to help defray the costs of loss prevention. But they probably won't. They simply cannot win enough money to make it worth the time. In many courts it costs more than $200... View More

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.

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 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

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