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Ohio Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Ohio on
Q: How do I get my belongings back from a former girlfriend that will not relinquish my posessions? I am in Celina, OH
Hunter G. Cavell
Hunter G. Cavell answered on Jul 8, 2020

You can ask her again, and if she refuses, then file a police report for theft. If the possessions are yours, and not owned jointly by you and her, then she should give them back. After filing the report, depending on the value of the items, you may need to file suit for conversion in either the... Read more »

1 Answer | Asked in Business Law and Civil Litigation for Ohio on
Q: Laws about working a shift that harms a medical condition.

What are the laws concerning making someone with a medical condition work a shift that would cause the medical condition become worse? I have a seizure disorder that flairs up due to inconsistent sleep cycles and my employer was scheduling me an overnight shift despite me telling them I was... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 8, 2020

An Ohio attorney could advise best, but your question remains open for four weeks. Two options you could consider are (1) reposting your question under Ohio Employment Law, which might be a closer match as a category for the issues you describe (but keep in mind that you would be discussing a... Read more »

1 Answer | Asked in Business Law and Civil Litigation for Ohio on
Q: If I am sueing a business for partial ownership can I force them to close while the dispute is being settled?
Nicholas P. Weiss
Nicholas P. Weiss answered on Jun 28, 2020

Unlikely. If there is a true ownership dispute and control over everything then the court will likely appoint a receiver to manage the company while the dispute is resolved.

1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: Can I close a business down while I sue them for an ADA claim?

In Ohio

Nicholas P. Weiss
Nicholas P. Weiss answered on Jun 28, 2020

No. Once a lawsuit is initiated you can go through the civil litigation process, which does not result in the business being shut down. Even if you win it is unlikely that the business would be shut down.

1 Answer | Asked in Business Law and Civil Litigation for Ohio on
Q: Private Company Stock Ownership Dispute

My Dad had ownership in a private company and he passed away about a year ago. His brother is claiming he bought my Dad's shares out 15 years ago. My Dad did sell part of this shares (about 30% of his shares were sold) to him about 15 years, but not all of them. My Dad never got a copy of the... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jun 27, 2020

In Ohio, the Estate would have an interest in the Company, and the Estate would file a complaint to determine the ownership interest of the Estate. The Company would have ledgers of the stock transfers or the sale of membership units. There would be articles of incorporation or organization and... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: Left firearm at a gun shop for on consignment gun shop went out of business
Joseph Jaap
Joseph Jaap answered on Jun 23, 2020

You can sue the owner or the shop in small claims court, but if insolvent or bankrupt, you might not be able to collect.

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: Rental office called and said my son couldnt live here anymore or I would face eviction. No notices, letters, etc.

I am current on my rent. He had been arrested three months ago on misdemeanor charges but nothing was said to us until the call today, mid-may.

When I asked who decided this i was told it was the property manager. When I asked for the name and number of the property manager they refused to... Read more »

Taylor P Waters
Taylor P Waters answered on Jun 9, 2020

I might depend on your lease. If your lease has a stipulation that no one with a misdemeanor conviction may live there, or other basic wording, they may be able to evict over an unlawful tenant. It's worthwhile to have an attorney look over your lease.

1 Answer | Asked in Civil Litigation and Personal Injury for Ohio on
Q: Is it illegal to leave a electric gorge Forman grill on the ground close to the sidewalk at a apt. Complex Unattended

My son touched the neighbors grill and suffered 2 nd degree burns. I didn’t know it was there let alone on it was a small household appliance and we were outside for 45 mins and she never came outside to check on the grill. So I had no idea she had one on the ground. It wasn’t on a table or... Read more »

Taylor P Waters
Taylor P Waters answered on Jun 9, 2020

It's not necessarily illegal, but he may be able to recover his damages in a civil suit/pre-suit negotiations. They may have been negligent leaving the grill unattended. It's work discussing with an attorney.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law, Traffic Tickets and Internet Law for Ohio on
Q: Could someone find my address and name from my drivers license number?

Someone cut me off in vehicle in an Arby’s parking lot, stopped in front of me and wouldn’t let me through, so I had to lay on my horn to get them to move. After they moved and began flicking me off, I had to follow them around the corner because it was the only way out that I knew of. They... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 8, 2020

Yes, they could possibly find your address or track you down. This sort of thing is how road rage escalates to tragic outcomes - even blowing your horn, or especially gesturing at them, could be dangerous. Everyone is tense. Do not engage with other drivers in traffic. Avoid eye contact. They... Read more »

4 Answers | Asked in Civil Litigation, Mergers & Acquisitions and Real Estate Law for Ohio on
Q: I co own land and need to sell my interests. The other owner doesn't want to sell or buy me out. Am I stuck?

I have a buyer. I really need the money for medical bills. The co owner wants to keep it, and wants me to remain co owner. I feel stuck. How do I sell my share of the property. It is not divided by surveys, one 36 acre piece of woods.

Anthony M. Avery
Anthony M. Avery answered on May 28, 2020

Unless you get the other Tenant In Common to buy your 1/2 Undivided Interest, you will probably need to file an Action for a Sale By Partition. Hire a competent attorney that litigates real property.

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1 Answer | Asked in Civil Litigation and Real Estate Law for Ohio on
Q: I got a new apartment on the 1st of May . On the 8th it caught fire and I lost everything . I did not have a lease or de

Do I have the right to get part of my rent back since I was only there a week

Joseph Jaap
Joseph Jaap answered on May 28, 2020

You could try asking landlord, but you'd have to sue in small claims court if landlord won't refund it, and without a written lease, that makes it more difficult to succeed. Check with your local court to find out if they are even handling small claims cases yet.

1 Answer | Asked in Civil Litigation for Ohio on
Q: Do i have to pay a utility bill that is in someone elses name?

I live in ohio when i moved i to the apartment i live at 2 years ago my brother put electric in his name my spouse moved in a year ago electric is in my spouses name the bill in my brothers name went to collections and my brother is telling me i have to pay it even though its in his name

Joseph Jaap
Joseph Jaap answered on May 28, 2020

Whoever used the electricity should pay the bill. If the bill in your brother's name goes to collections, it will reduce his credit score.

1 Answer | Asked in Civil Litigation and Real Estate Law for Ohio on
Q: How many times can a judgement lien on my property be revived? How many years before statute of limitations? Thanks

Ohio

Troy J Doucet Esq.
Troy J Doucet Esq. answered on May 26, 2020

Check out http://codes.ohio.gov/orc/2325.18 for general information regarding reviving dormant judgments and how long a creditor is allowed to revive it each time it goes dormant.

2 Answers | Asked in Civil Litigation for Ohio on
Q: Wondering when the courts will be back in activity, June or July was the answer given to me but, any specifications ?

I couldn’t find the “order” online to read specifications. Thanks

Matthew Williams
Matthew Williams answered on May 23, 2020

The courts have never fully closed, and it’s a patchwork of how closed and how long. You’d need to address your question to the specific court. Call them up and ask.

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1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for Ohio on
Q: I bought a car from a private person paid stated down payment and was given a month to pay final payment and a bill of

Sale stated such. 5 days later previous owner borrowed stated vehicle to go to the store but never brought it back and stated that changed there mind that they would just give the down payment back when they get paid. What do I do to get it back? Or can I? I live in Ohio.

Joseph Jaap
Joseph Jaap answered on May 5, 2020

If you still want the car, you will have to sue seller for breach of contract. That process will take several months, and OH court activity is currently suspended because of the virus lockdown. Use the Find a Lawyer tab to retain a local litigation attorney to review the situation and advise you.... Read more »

2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Contracts for Ohio on
Q: how do i get my name off a joint loan with ex husband

my name is on a joint loan with ex husband. how do i get my name off. he's ruining my credit by not paying. divorce decree stated he is solely responsible for repayment.

Joseph Jaap
Joseph Jaap answered on Apr 29, 2020

You can talk to the lender, but lender likely will not agree to take you off. So the loan would have to be refinanced. If ex won't refinance or pay, then file with the court to have ex held in contempt. Talk to your divorce attorney, or use the Find a Lawyer tab to retain a local divorce... Read more »

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1 Answer | Asked in Real Estate Law, Civil Litigation, Environmental and Land Use & Zoning for Ohio on
Q: I live on Chagrin River where they dredge & i believe under mining. It has caused landslides. Who is responsible?

My property is slowly falling in the river. Some say its erosion but it happens everytime they dredge. Usually within days. I lost 20% of land including trees, shrubs and now my patio!

Tim Akpinar
Tim Akpinar answered on Apr 27, 2020

I'm sorry for your ordeal. These could be difficult cases because of the expert testimony involved. Contact environmental/land use attorneys in the area, and find out if nearby waterfront residents are experiencing similar phenomena. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Business Law and Civil Litigation for Ohio on
Q: How to fire a rouge board member completely?

In accordance with our Bylaws, we have fired two board members, we have followed all the procedures as explained in your Constitution. However, these 2 members are being stubborn. They manage to take some of the organization’s fund and they are holding it hostage with them. For the past 9 months,... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 18, 2020

If they have been fired and removed then they are committing criminal trespass and you should call the police report theft and trespass.

On the civil side, if they are refusing to return property, then you can bring a cause of action against them for civil conversion, civil theft, and...
Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: Can a property owner revive a default judgment that a management company won and they were not listed as a plaintiff?

The issues are as follows:

1) property management company won a default judgment against in Jan 09,me while I was incarcerated (from July 2008-Oct 2014)

2)in 2015 the lawyers for the plaintiff revived the judgment

3) the plaintiff on the judgment claims they did not request... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Apr 18, 2020

More importantly, if you were incarcerated at the time the lawsuit was filed, Plaintiff probably did not properly obtain service upon you and the judgment would be void.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Ohio on
Q: I resigned my lease in December last year, I now have barely any hours due to the virus. What are my options?

I just want to move out but my lease says I will owe remainder of the lease? Do I have a leg to stand on here?

Joseph Jaap
Joseph Jaap answered on Apr 12, 2020

You'll have to try to work it out with landlord. If you leave, landlord can sue you for rent and make an adverse entry on your credit report. Court activity is suspended in Ohio, so if you stop paying rent, landlord can also file an eviction, but it won't be resolved until after court... Read more »

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