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Ohio Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: How can I get somebody off the title of a mobile home without buying them out? They are abusive and a drug addict.
Andrew Popp
Andrew Popp answered on Apr 29, 2021

That's equivalent to taking property away from him or her. If they do not voluntarily agree to give or sell you their interest in the property your options are very limited. Being abusive and addicted to drugs does not mean you can take away their things. If you are stuck in a bad situation... Read more »

1 Answer | Asked in Family Law and Civil Litigation for Ohio on
Q: Is there a way to have a previously filed motion corrected in Ohio

A non-attorney GAL filed a motion which incorrectly refers to a child victim in my case as the offender. She has made no effort to correct it. I was afraid to push the issue before her evaluation was finished. Now that it is, I want the record to be corrected. How do I ask the court for this?

Cathy Cook Esq
Cathy Cook Esq answered on Apr 16, 2021

Motions cannot be corrected. Only entries can.

1 Answer | Asked in Civil Litigation for Ohio on
Q: Is it legal for law enforcement to take the video card from my camera without my consent?

Apparently my camera captured illegal activity on it. When we went to check, the video card was gone. We thought the criminals had taken it.

Recently we found out it was shown in court at one of their hearings.

Matthew Williams
Matthew Williams answered on Apr 16, 2021

We need a little more information to answer your question. First, it is possible it was the defense, not the government that brought the video card in as evidence. Just like the government, the defense has an obligation to share any evidence related to an evident (except statements of the... Read more »

1 Answer | Asked in Civil Litigation and Employment Law for Ohio on
Q: Can a business not pay you for hours you worked for their company?

I worked for a home health care company for about a month and they didn’t pay me at all. I had an old traffic violation warrant and went to jail a couple days, but was able to return to work. They claim that since I didn’t turn in my “hard copy” of my hours worked(this is just where I write... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 12, 2021

They are in breach of Ohio wage and hour law. Contact an employment lawyer or file a complaint with the Ohio Department of commerce.

1 Answer | Asked in Estate Planning and Civil Litigation for Ohio on
Q: What's the statute of limitations on retrieving a loved ones belongings given away by a significant other?

In 92 my dad got sick at another woman's home he had been cheating on his girlfriend with. His girlfriend in anger gave away or sold the things he treasured most. At the time I didn't know she had no right to give them away or sell them. The items were a 57 Cadillac eldorado convertible... Read more »

Aaron Epling
Aaron Epling answered on Mar 8, 2021

In theory...maybe. Practically speaking, this is going to be very difficult to do. You'll want a lawyer on this.

1 Answer | Asked in Civil Litigation for Ohio on
Q: My father passed and I believe he left everything to my sister. He had a small policy for his grandchildren and I was in

It I recieved 1067.00 My sister was left his home and his funds totaling around 200 thousand or more. My father also had separate life policies on his children they cashed theirs in years ago I never did, my question is can I cash mine in it's a 25 thousand dollar policy or does it go to my sister.

Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 23, 2021

If I understand your question, your father named you the beneficiary on a life insurance policy, but left everything to you sister in his will. A life insurance policy is not an asset of the estate and instead is a contract between the Insurance company, the owner of the policy and the beneficiary... Read more »

1 Answer | Asked in Civil Litigation and Collections for Ohio on
Q: I received 2 letters from debt collections for municipal speed cameras 4 months afterward without a formal citation.

I recently received 2 letters from a collection agency stating that I have outstanding debts for speed camera violations in 2 different municipalities in Trumbull County, Ohio. This came as a shock because I never received a formal citation, photograph, or any evidence of any kind that indicated I... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 29, 2020

Contact the municipalities to determine if they are valid, and if they are, then use the Find a Lawyer tab to retain a local attorney to advise you.

1 Answer | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: my roommate and I are both on the lease. Can I stop some of his friends from coming to the house? What is the process

What would be the process to evict him? His ex is causing issues. They are both smoking inside the house after being asked multiple times to stop. This is a non-smoking lease.

Joseph Jaap
Joseph Jaap answered on Dec 28, 2020

Some courts only allow landlord to file an eviction. If roommate is violating a term of the lease, talk to the landlord about it.

1 Answer | Asked in Contracts and Civil Litigation for Ohio on
Q: a man told me and my girlfriend he'd take care of us til we die if we'd take care of him til he died.now she's keepinit

they were married yet separated 10 years.thru probate she gets everything.i did my oath to him.weres my payout?he didn't have a will

Tim Akpinar
Tim Akpinar answered on Dec 21, 2020

An Ohio attorney could advise best, but your post remains open for a month. There's no guarantee that all questions are picked up, but you could repost and include Probate and Estate Planning as categories. If you still get no response, you could reach out to Ohio attorneys for more meaningful... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: I was a member of organization and I believe that I was unlawfully targeted and expelled, I want to know what actions I
Bruce Martin Broyles
Bruce Martin Broyles answered on Nov 20, 2020

Most private organizations can discriminate as to their membership, so I am not certain how you would have been "unlawfully targeted and expelled". Please provide additional information

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Civil Rights for Ohio on
Q: Hi, I need help regarding on getting my dog back from ex. I bought the dog; what do I do?

I was in a relationship with my ex partner for 5 years; I bought my dog three years in. I have a receipt from the person I bought the dog from as well as I am currently fighting the bank for the statement showing I withdrew $300 the day my dog was bought. My ex currently has the dog and will not... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 13, 2020

Sue in small claims court. But you might only recover the cost of the dog. Check your local court web site for the small claims process. Or use the Find a Lawyer tab to retain a local attorney to file in court to try to recover the dog.

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Ohio on
Q: I was hurt on the job... is the company supposed to pay me for the time off the doctor gave me?

If I return to work still in pain what are my options? Also, someone who isn’t HR told me not to return to work until she contacts me.

James J. Hux
James J. Hux answered on Nov 1, 2020

You may want to consider contacting a workers compensation attorney. You should be able to file a claim, and then return to work when you are actually able, not because you are forced back.

Attorney James J. Hux

Hux Law Firm, LLC

1 Answer | Asked in Civil Litigation for Ohio on
Q: What can i do if the court has made a judgement against me with false information

I appeared in the Kettering Municipal Court this past tuesday Oct 27th. for an eviction hearing against me. The judge would not listen to anything i had to say and enforced the eviction. i was given until Noveber 3rd to vacate. yesterday when i was filing out applications for a new apartment i... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 29, 2020

A landlord can terminate any month to month tenant by giving 30 days notice. If the landlord gave you that notice, then the eviction could have been proper. You must retain a lawyer to check. But even if you could get this eviction changed, the landlord could immediately give you the notice and... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: I live in ohio, I rent. Can evict my ex who is not on the lease myself?

He refuses to leave and is NOT on the lease. Can I evict him myself? The clerk of courts told me I can print off a 30 day eviction and serve him . id rather not get my landlord invovled

Joseph Jaap
Joseph Jaap answered on Oct 20, 2020

Some courts allow a tenant to evict an occupant, other courts require the landlord to evict. Check with your local court or use the Find a Lawyer tab to retain a local attorney to advise you. Court personnel might not answer questions or give correct answers.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Ohio on
Q: My landlord got into an agurement with my boyfriend who isn't on the lease but she knew he was staying here. And now she

she says she doesn't want him here and that she'll give me a great recommendation. Is that legal? I've just signed a one-year lease with her.

Joseph Jaap
Joseph Jaap answered on Oct 19, 2020

It depends on what your lease says about having other occupants stay in your premises. If she tries to evict you, then use the Find a Lawyer tab to retain a local real estate attorney who handles eviction matters to review the situation and advise you. Note that an eviction is a permanent public... Read more »

1 Answer | Asked in Civil Litigation, Real Estate Law, Elder Law and Landlord - Tenant for Ohio on
Q: Any options to break a lease who can no longer stay independent due to falls, hospitalizations, etc?

After renewing her lease, my mom fell and was hospitalized and spent 4 months in rehabilitation therapy and is now in assisted living facility. Moved her stuff out and notified property manager of the situation via email and offered to work with them on scheduling and key return while moving her... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 1, 2020

No, that does not give an option to break the lease. Tenant is responsible for the rent for the full term of the lease until its expiration. If rent is not paid, landlord can sue for the rent, minus any rent landlord collects from a new tenant.

1 Answer | Asked in Civil Litigation for Ohio on
Q: i have a small claims court date coming up. but i have the funds can i pay this off before the court date
Joseph Jaap
Joseph Jaap answered on Sep 23, 2020

You can try to work out a settlement with the plaintiff to make payment and get a dismissal. But get it in writing in a settlement agreement signed by plaintiff. Use the Find a Lawyer tab to retain a local attorney.

1 Answer | Asked in Civil Litigation for Ohio on
Q: I live in Ohio and my ex boyfriend moved out the first part of may this year and he came and got 1 load of his stuff now

He wants to get the rest of his stuff and I was wondering what the time limit was on that

Joseph Jaap
Joseph Jaap answered on Sep 17, 2020

There is no time limit. If you don't let him get his things, he could file a police report against you for keeping it, and you could be charged. Or he could sue you. You could claim he abandoned it, and the court would then decide.

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Ohio on
Q: What information does a company like Midland Credit need to collect an unpaid debt that will hold up in court in Ohio?

Will a simple statement (without a list of transactions) work? Or do they need the original agreement and list of transactions? This is for an unpaid credit card debt that was charged off and sold to Midland Credit. (Assume you're trying to fight it without filing bankruptcy please.)

Tonya VanBenschoten
Tonya VanBenschoten answered on Sep 11, 2020

If you filed for bankruptcy after the debt was incurred and you received a discharge, all that they need is your case number.

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1 Answer | Asked in Antitrust, Civil Litigation and Small Claims for Ohio on
Q: My brother in-law and his gf are staying in my house they where supposed to stay for a few weeks and it been two months.

We called the cops and they said that since they have mail coming in we need to give them a 30 day eviction notice. They are not in the lease, they pay nothing no bills, we are struggling on paying our bills because they consume a lot. We help them find a job and they don’t clean. We didn’t... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

As the police said, only a court-ordered eviction can get them out. Some courts allow a tenant to file an eviction to remove unwanted occupants. But other courts require the landlord to file the eviction. Call your local court to find out if you or your landlord must file the eviction, starting... Read more »

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