Lawyers, Answer Questions  & Get Points Log In
Ohio Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Ohio on
Q: My boyfriend walked out of our 6 yr relationship and moved out of my house. I own it. This was over 3 months ago.

He never left my property. He is staying in a camper in my yard. We have no agreement of any kind yet he refuses to leave. I live in Ohio and need him gone. This is causing me terrible stress and raising my blood pressure. Do I have to evict him although there is no lease agreement?

Bruce Martin Broyles
Bruce Martin Broyles
answered on May 18, 2022

Yes, you should evict him. He does not have a oral lease for a period of term. He is a person with no interest in the property and he can be served a three day notice and a complaint for forcible entry and detainer should be filed against him. If you call the police they will typically say it is... Read more »

1 Answer | Asked in Civil Litigation and Divorce for Ohio on
Q: My ex-wife and I still own a house together. She is refusing to pay any amount of the mortgage. What can I do

We bought the house, in North Carolina, shortly after getting married. Our jobs moved us out of state and we rented the house out on a 5 year lease with option to buy. The renters didn't buy, but still living there without paying rent (another legal issue in progress), and my now ex-wife is... Read more »

Joseph Jaap
Joseph Jaap
answered on May 13, 2022

Your divorce decree should have specified what was to happen to that house, who was to pay mortgage, expenses, etc. If ex is not complying with the decree, then you can file with the court that issued your divorce decree and ask the judge to order her to comply and to hold her in contempt if she... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Libel & Slander for Ohio on
Q: What can I do if I am on the receiving end of a threatening text message from an ex-coworker in Ohio?

An ex-coworker sent me a text message stating people will be going after me after he talks to them and they will beat me, this is after he caused me issues at work by lying to HR and almost getting me fired.

Matthew Williams
Matthew Williams
answered on Mar 25, 2022

You can do one or both of the following: report the matter to the police, and/or seek a civil protection order.

1 Answer | Asked in Copyright and Civil Litigation for Ohio on
Q: Can someone sue someone for civil if they don't live in that state?

Suing me in California and i lived in Ohio all my life

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 18, 2022

If you have minimum contacts with that state, then personal jurisdiction over you will exist under California’s long arm statute. If not then you should fight jurisdiction.

1 Answer | Asked in Civil Litigation and Small Claims for Ohio on
Q: If an ex boyfriends mom gave me a phone and added me to her phone plan, then suspends my phone and threatens me with the

Police is that legal? She gifted it to me and now I’m being told that if I don’t return it she will get the police involved and use my phone records.

Anthony C. Satariano
Anthony C. Satariano
answered on Jan 18, 2022

This question depends on the nature of the transfer. If she truly gifted it to you, there is an argument it is yours. If she merely intended for you to use it, then it may still be hers. But, as the owner of the plan she likely has an undisputed ability to suspend phones she pays for.

1 Answer | Asked in Civil Litigation for Ohio on
Q: I loand my nephew 20,000 dollars for him to start a business he blue the money and never payed me back

We went to the bank to deposit my 20000 check I signed a paperwork so I could deposit the check

Joseph Jaap
Joseph Jaap
answered on Jan 12, 2022

You would have to sue your nephew for breaching the terms of any written agreement for the loan to him or to the business. If there was no written loan agreement, but it was only an oral understanding, it would be harder to prove. And even if the court issues a judgment for him to repay you, he... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Ohio on
Q: If The child and I are under mandated quarantine do due to Covid positive, do I break my quarantine?

Thank you!

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 5, 2022

No. She can't. It sounds like she just enjoys filing things with the court. She should be sanctioned for sending the child out of state.

1 Answer | Asked in Civil Litigation, Real Estate Law and Probate for Ohio on
Q: Dear Sir, I wish to buy my partner shares.

Dear Sir, I wish to buy my partner shares. he passed long years ago, the shares are still in this name, what is the easier solution to buy those shares from his grandchildren’s.

Matthew Williams
Matthew Williams
answered on Dec 18, 2021

If they own them. The first thing to do is sit down with a lawyer and figure out who owns the shares based on your partnership agreement and his will and/or the probate of the estate.

1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: Wage garnishment over “loan” between family w/ no contract, only told pay when/if you can. Help please

Hi, I have a question regarding money given between family. My grandpa gave me around 3k to help with our back rent. There was no contract or anything signed between us. He just said, “pay it back when/if you can”. Now he passed away recently & his daughter is threatening to garnish my... Read more »

Bruce Martin Broyles
Bruce Martin Broyles
answered on Dec 16, 2021

A loan does not entitle a person to garnish your wages. They would have to obtain a judgment against you, and garnish wages based upon the judgment obtained against you.

Even if a judgment is obtained and garnishment is attempted, social security, disability, and retirement benefits are...
Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Divorce and Family Law for Ohio on
Q: My spouse has a no contact order against me. Can I send my in-laws a gift for their wedding?

Nothing intended for my wife is involved. Just congratulations to their nuptials.

Emerald Sheay
Emerald Sheay
answered on Dec 10, 2021

Generally this would not violate a restraining Order, but you should very carefully review the terms of the no contact Order. While this action may not typically violate a restraining Order, it may not be prudent to reach out to her family while this restraint is in place.

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Ohio on
Q: My Father had a will and Trust done after my Mother died in 2012. My Father died in April 2020.

My sister was appointed Executrix of my Fathers estate and another sister Trustee of his trust. The day after my Fathers funeral service the Executrix and her husband and kids started to go through my Fathers house and started clearing it out and giving stuff away on top of whatever she took for... Read more »

Andrew Popp
Andrew Popp
answered on Nov 3, 2021

The answer depends on a number of additional factors. A key issue that needs to be addressed is whether the household goods were considered a probate asset, or an asset of your father's Trust. As the other attorneys have advised, the analysis is too complex for an answer on this forum. You... Read more »

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Ohio on
Q: My Father passed away back in April 2020. He had a will done and a Trust done after my Mother passed away back in 2012.

The attorney that did my Fathers will and Trust is a close friend of my brother. I have 2 brothers and 3 sisters. I just recently found out from this same brother that he and my other brother and 2 of my sisters went with my Dad to get his will and Trust done. My 2 sisters that were there were put... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 1, 2021

Use the Find a Lawyer tab to retain a local attorney who handles trusts and estates to review the situation and advise you.

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Ohio on
Q: I have a question about a will and Trust my Father had done after my Mother passed away in 2012. My Dad died April 2020.

My sister is Executrix of my Fathers Estate and another sister is Trustee of the Trust. I am a beneficiary of the Trust. When I was questioning the Executrix about the inventory of my Fathers estate she became very upset. I was never offered or contacted by the Trustee about getting a copy of the... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 1, 2021

Talk to the attorney for your father's estate with your questions about the authenticity of the trust document. Use the Find a Lawyer tab to retain a local attorney who handles trusts and estates to review the situation and advise you.

1 Answer | Asked in Criminal Law and Civil Litigation for Ohio on
Q: Is it my right to have a substances retested?

Long story short I know what I had an weight when I got arrested but saying i had something else an different weight.

Matthew Williams
Matthew Williams
answered on Oct 5, 2021

Through your lawyer, yes, you can have independent experts examine the suspect substance. The state labs will often retest upon request as well.

1 Answer | Asked in Civil Litigation and Civil Rights for Ohio on
Q: My daughter is 19 years old ran away in the middle of the night how can I get her back?
Andrew Popp
Andrew Popp
answered on Oct 4, 2021

Unless she is under a Guardianship/mental disability, you can't. When a person turns 18 the parent has no legal right to require their return. I suggest reaching out and trying to improve the relationship if you want to see her again.

1 Answer | Asked in Civil Litigation and Civil Rights for Ohio on
Q: Trespassing vs fourth amendment

Private club. Former member refusing to leave our property.

He has mobile home on property and refusing to remove it.

Informed that we have to give him access to and from his trailer.

Is he allowed to roam the 30 acre property or can we prevent that?

Joseph Jaap
Joseph Jaap
answered on Oct 1, 2021

File an eviction action and after he is evicted, if he returns, call the local police for any trespassing. Use the Find a Lawyer tab to retain a local real estate attorney to file the eviction.

1 Answer | Asked in Civil Litigation for Ohio on
Q: Case law where denying police from taking evidence photos via access by an easement of specific driveway purpose only?

Claiming to visit neighbor who has easement for driveway purposes, they went down my driveway behind house and photographed unlicensed vehicles on my property only visible from the easement. Can it be used as evidence? Thank you

Andrew Popp
Andrew Popp
answered on Sep 23, 2021

A more detailed analysis of the situation is necessary to answer your question. There are a few sites you can visit to do some of your own case law research for free. (Links Below) Alternatively, you can visit your local law library to conduct research. Best of luck.... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: I bought a house 3 years ago. There was no disclosure at closing that a in ground pool was buried in yard. I now have

a sink hole in the yard where the pool was. What can I do? Are there legal avenues to take?

Joseph Jaap
Joseph Jaap
answered on Sep 20, 2021

If the seller had removed the pool, and there were no problems, there might have been no duty to disclose it. Find out the cost to correct to the sinkhole problem, then use the Find a Lawyer tab to retain a local real estate litigation attorney to review all the facts and advise you what action... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: Been talking to a girl here for a few months she's 17 and 6 months out from 18, parents don't approve

I want to be with her to as she's done alot to catch my attention how should I proceed? I'm in Ohio and the age of consent is 16 and I'm a bit confused on how that works exactly any help or advice would be much appreciated

Bruce Martin Broyles
Bruce Martin Broyles
answered on Aug 20, 2021

You are a creep. To ask this question you know its wrong regardless of whether it is legal. You should obey her parent's wishes until she has completed school and has started her career. Career is not a part time job

1 Answer | Asked in Criminal Law and Civil Litigation for Ohio on
Q: in a civil forfeiture they took 800k, I am innocent. It's been 94 days and I still have not received notice of forfeit

I cannot find where this civil place is to file a claim and no one will tell me where to go to get my funds and I cannot find it on line anywhere? They are supposed to send me a notice of forfeiture within 60 days and it is much longer now. How can I find this civil place that is holding my money?... Read more »

Matthew Williams
Matthew Williams
answered on Aug 3, 2021

You need to sit down privately with an attorney. It sounds like someone, its unclear who, affected a civil forfeiture and took your money and, if that wasn't bad enough, you under criminal investigation. That's a lot going on to try to deal with by yourself.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.