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Ohio Civil Litigation Questions & Answers
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 »

1 Answer | Asked in Civil Litigation for Ohio on
Q: A company told me they were covering relocation after I moved they never paid me. The money I used was for IVF I cant

Value my damages. Has there been any lawsuits like this?

Taylor P Waters
Taylor P Waters answered on Aug 30, 2020

Hi there, I'm not sure what you're damages would look like without further information and evaluation. Feel free to use the Find A Lawyer button to discuss your options with a qualified civil attorney who can look at your employment contract.

Many attorneys on here, including...
Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Ohio on
Q: My neighbor filed a restraining order on my brother in law stating he spit on him. This never happened. Need atty?
Taylor P Waters
Taylor P Waters answered on Aug 25, 2020

Your brother should have an attorney review the situation and represent him if necessary.

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... Read 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 Civil Litigation, Divorce, Child Custody and Child Support for Ohio on
Q: I am fighting to remain in my daughters life. Her attorney is asking for documents already given. And my EIN paperwork.

He was given most of the documents already.

He want proof of my EIN.

Taylor P Waters
Taylor P Waters answered on Aug 20, 2020

A talented family law attorney should be able to help you out. Let her attorney know that you already provided the requested documents.

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1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Civil Litigation for Ohio on
Q: I want to add a document to an answer, do I add them to the plaintiffs documents or start my own set of documents?

The plaintiffs documents are false and I do not really want to use them but I don’t want add those to my answer. I haven’t referred to them at all in my answer but I want to add an original will, do I add it to my own as exhibit a or do I add it onto the plaintiffs as exhibit E?

Taylor P Waters
Taylor P Waters answered on Aug 13, 2020

Hi there, your question is a bit too complex to ask over this medium. A good probate attorney should be able to point you in the right direction.

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