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Ohio Civil Litigation Questions & Answers
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...
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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.

2 Answers | Asked in Civil Litigation and Tax Law for Ohio on
Q: In Ohio. I just received a wage garnishment from the court for back taxes.

In Ohio. I just received a wage garnishment from the court (which I was unaware of since it was back in 2017). Can I still try to make a payment with the creditor or will I have to go to court for my hearing to ask? The creditor was Attorney general. I don't have the money to pay this... Read more »

Matthew Williams
Matthew Williams answered on Aug 11, 2020

If you want to work it out with the Attorney General's representative, you better start discussing it with them. If you wait until court, they will probably just go for the garnishment and get it.

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2 Answers | Asked in Civil Litigation for Ohio on
Q: had a dept with a company and they charged it off and then sold it to another company can that company take you court

original dept 2014, charged off 2017. Not sure when it was sold but started receiving random calls in 2020. What be considered proof of debt? If proof of debt is provided, can they take you to court.

Matthew Williams
Matthew Williams answered on Aug 11, 2020

Ask them for proof of the debt. The FDCPA requires they provide this upon request. Many third party debt collectors don't have it and will give up.

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Ohio on
Q: Harassment by a neighbor

I'm actually contacting you for my elderly Aunt. She has a neighbor that lives across the street who is a bad drunk/drug user who is always yelling and harassing her. She has called the police several times, but they have done nothing. I understand she might have to sue in civil court. Is... Read more »

Taylor P Waters
Taylor P Waters answered on Aug 10, 2020

Hi there, this is an attorney question-answer service. An attorney would need to know more about your aunt's situation and what the neighbor is doing. Please feel free to give a call to one of the attorneys listed here.

2 Answers | Asked in Civil Litigation for Ohio on
Q: I have a 27 year old who won't move out. He has warrants and pays no rent.

This is in Youngstown Ohio

Taylor P Waters
Taylor P Waters answered on Aug 10, 2020

You can go the typical route of eviction. File with your local municipal court.

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1 Answer | Asked in Civil Litigation and Products Liability for Ohio on
Q: If I have liability insurance in Ohio does it cover the other drivers vehicle if they are found at fault?

The other driver was found at fault by his insurance company, his insurance company paid for the damages to my car, but now he is trying to sue me because my insurance company refused to pay for his damages due to it being his fault

Matthew S Flemming
Matthew S Flemming answered on Aug 7, 2020

Notify your insurer about the suit so that it will defend you. If he was at fault, you are not responsible for causing his damages, he was.

2 Answers | Asked in Animal / Dog Law and Civil Litigation for Ohio on
Q: If a dog is advertised for giveaway and you get the dog can they take you to court for it back?

Drove 180 after talking with her about getting the dog she advertised for free then couple days later she demanding it back and gave me everything of the dog papers, toys, pool, leashes food. Trying to take me to court because she now wants it back. How is this legal to try taking dog back after... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 31, 2020

Anybody can sue anyone for anything, including return of an animal, which is considered personal property. But to win in court, she would have to prove some breach of contract by you. If she files a lawsuit, you can go to the court hearing and explain your case. Or use the Find a Lawyer tab to... Read more »

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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: I have leased a home for 9 years, the lease expired after a year and never signed another lease. Can I be sued damages?

There have been no upgrades, maintenance etc over the nine years I have done all upkeep myself. The home will need new carpet, drywall repairs and paint.

Joseph Jaap
Joseph Jaap answered on Jul 30, 2020

Unless the original signed lease specified otherwise, then when it expired, you became a month to month tenant, and either tenant or landlord can terminate that occupancy at the end of any month by giving 30 days written notice. Tenant is responsible to pay for any damages to the premises beyond... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Ohio on
Q: Landlord won't remove ratcoons refuses to awnser my calls
Joseph Jaap
Joseph Jaap answered on Jul 27, 2020

You can call the health dept. They might order landlord to take action. But landlord might not do it. You can pay for an exterminator, and then ask landlord for reimbursement. But landlord probably won't pay, so can sue in small claims court. Or you can start paying your rent on time each... Read more »

1 Answer | Asked in Employment Law and Civil Litigation for Ohio on
Q: Is it unrealistic for me to seek 30 years salary in a promissary esstopel case? I make around 400k
Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 16, 2020

I would need substantially more information to properly answer this. What was the nature of the promissory estopple? Why would you be unable to work for thirty years as a result of the breach of promise?

2 Answers | Asked in Civil Litigation and Real Estate Law for Ohio on
Q: Can a property manger or reality company be sued for lack of property maintenance?

Leaky, molded hole in ceiling. Faulty wiring, rodent infestation

Troy J Doucet Esq.
Troy J Doucet Esq. answered on Jul 16, 2020

As a general answer: each city has its own rules about maintenance, in addition Ohio's statutory and common law requirements. Many tenants with apartment issues have found assistance with their city's code enforcement division, who can mandate changes to comply with the code. Other... Read more »

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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 »

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