Get free answers to your Civil Litigation legal questions from lawyers in your area.
I am a property owner, and my neighbor, who is a renter, has chopped down a shared tree line along our property boundary without my permission. This action goes against a city ordinance and is considered a class 4 misdemeanor. However, the city refuses to press charges, stating it's a civil... View More 
answered on May 20, 2025
Retain an arborist to assess the value of the trees that were removed, and the cost to replace them. Also ask a real estate agent the amount of any reduction in property value. Use that information to send a letter to the owner of neighboring property asking for compensation. If the owner... View More
I own a house jointly with someone, but I have been the sole occupant and have covered all maintenance and taxes for the past 20 years. Both names are on the property deed. Initially, we had a verbal agreement to share expenses, but this has not been followed. I've attempted to address the... View More
answered on May 14, 2025
Without a written agreement, if you sue the co-owner, it could be difficult to get any reimbursement. You could file a "partition action" asking the court to order the property sold. The court could credit you with the co-owner's unpaid share of the costs in the distribution of... View More
I have a land contract in Ohio that is expiring at the end of the month. The buyer was unable to secure a loan for the final balloon payment, resulting in a default. The contract references compliance with sections 5313.05 and 5313.09 of the Ohio Revised Code for defaults. A lawyer mentioned that I... View More
answered on Apr 28, 2025
Your options to evict or foreclose are determined based upon the time the land install contract has existed and the amount paid towards the purchase price. If the land installment contract has existed for five (5) years or the Buyer has paid more than 20% of the purchase price, then you must... View More
I hired contractors to complete work under a contract, but they did not finish the job and have blocked communication after I confronted them. I've filed complaints with the BBB but haven't received help from an attorney. The case is open, and the contractors are pending receipt of their... View More
answered on Apr 28, 2025
Yes, you should hire an attorney. There are a number of issues that you must consider. For example, did they fail to complete or did you prevent their performance. Did the contract render time is of the essence. Was the delay in completion reasonable under the circumstances. Was the work... View More
My father, who is very ill and under hospice care in Ohio, has expressed his wish to be buried with family in Florida. A woman he has been in a long-term relationship with has taken charge of his medical decisions, claiming they are married, though there are no legal records to support this, and... View More
answered on Apr 27, 2025
Here in Ohio there is a specific assignment that can be made to ensure the correct person(s) handle final arrangements, and to memorialize any wishes. See Chapter 2108 of the Ohio Revised Code. (link below)
https://codes.ohio.gov/ohio-revised-code/chapter-2108
An estate planning... View More
My father, who is very ill and under hospice care in Ohio, has expressed his wish to be buried with family in Florida. A woman he has been in a long-term relationship with has taken charge of his medical decisions, claiming they are married, though there are no legal records to support this, and... View More
answered on Apr 28, 2025
I would find out where they were allegedly married and see if there is a marriage licence registered there (with the proof of solemnization of the wedding). If there is no wedding then she would at the very least need POA or be listed as a Health Care Declaration proxy. Your question did not... View More
I am considering a lawsuit against Ever Driven due to their unprofessional conduct. On two occasions, they failed to provide safe transportation for my four-year-old daughter. The first incident involved a driver allowing an unauthorized man in the car during pickup. The second incident involved my... View More
answered on Apr 24, 2025
First, I think you should find another method of transportation for your child. If they aren't taking your daughter's safety seriously, that's a huge red flag. Second, if you signed a contract with them that promises they will not do these specific things, they've breached that... View More
My daughter's ex in Ohio, Jefferson County, is violating the terms of their divorce decree by not paying her $3,000 from his work bonus, which he received on March 31, 2025, as stipulated in the decree. He claims there is no specific time frame for payment and promised to pay by the end of... View More
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answered on Apr 9, 2025
Thirty days from receipt of payment is pretty standard. Is he in violation of the decree? Probably. Should you take legal action until after April? Probably not. Once that timeline has passed if he still hasn't paid then your daughter should consider filing a motion to show cause.
I believe there may have been undue influence on my mother's will. My mother, who had initially promised to leave me some money and paintings, was diagnosed with dementia. After her passing, I discovered her will left me nothing. My brother, who was her caregiver during her illness, provided a... View More
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answered on Apr 8, 2025
Will contests are very difficult cases. You will need to consult with an experience probate attorney who can talk you through the elements and your likelihood of success. If she executed a will after her diagnoses of dementia, and gave her assets to her caretaker, that can be prima facie evidence... View More
In my dissolution, my ex-husband was required to refinance the mortgage to remove my name within two years. He has not done this, and although he attempted to refinance in September 2024, he was laid off again and the mortgage remains in my name. There was a 'late' payment reported to my... View More
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answered on Mar 26, 2025
Yes, but you may not need to do that. So long as you are satisfied with receiving your percentage of equity from the sale from the title company, then all is well.
If you really want to force the refinance, you can always file a motion to show cause. But, if he's not making enough to... View More
I live in a town that recently installed new water meters without resident input. After the installation, my underground water line cracked, resulting in a continuous leak of 2-3 gallons of water every hour, and the estimated repair cost is $4,000. A plumber suggested the crack was due to excessive... View More
answered on Mar 13, 2025
The issue is one of sovereign immunity. Ohio Revised Code 2744.02 says that political subdivisions are liable for negligence of their employees in caring out governmental proprietary functions. The political subdivision is immune from liability in caring out its governmental functions. I would... View More
I am aware of a situation where the daughter of church pastors made allegations of sexual assault against her brother, and this has led to over 10 other women revealing similar under-aged sexual assault allegations. The cases are under investigation. Three whistleblowers went to social media to... View More
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answered on Mar 4, 2025
Ohio recently passed an anti-SLAPP statute, R.C. 2747.01, et seq, which can provide protection and a counterclaim for allegations of slander or defamation when the speech was protected speech.
The statute, R.C. 2747.01, et seq., “applies to a cause of action asserted in a civil action... View More
In 2019, my ex-partner and I rented a townhouse apartment together, but only I signed the lease. She left after we broke up, and I was left to cover the bills. A roommate I found took the money meant for the last month's rent, leading to an eviction on the record. My ex is now demanding that I... View More
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answered on Feb 28, 2025
If she had already vacated then there shouldn't have been an eviction against her. She could file a motion to overturn or seal it. It is unlikely that she would have a case against you.
If the landlord sought money damages against her, then she at least was on a month to month lease... View More
I purchased a home in Ohio in 2020, and no major disclosures were made at the time. After purchasing, I hired a roofer to replace shingles, who informed me that the roof is likely not up to code. Similarly, a plumber mentioned that the plumbing doesn't appear to be to code, although more... View More
answered on Feb 27, 2025
The seller is only required to disclose items that the seller is aware of. The seller may not have known about the code violations. You should read the contract for the home inspection. There are most likely limitations on the extent of the inspection. The contract for the home inspection will... View More
I live in a condo and share a wall with a neighbor who is harassing me with unpleasant odors and noise. The odors are foul smells, seemingly from his bathroom, that wake me up in the morning. The noise consists of a loud, intermittent boom occurring every morning until I can no longer sleep. This... View More
answered on Feb 27, 2025
To make certain that the Board does not get involved you should review the Condominium Owners Associations bylaws, rules and regulations, and the Declarations for the Planned united Development that established the condominium development. Once you have assured yourself that those do not apply you... View More
I am facing a situation involving potential death certificate fraud. After my husband passed away, I was not contacted by the hospital because his children informed them there was no living spouse. I suspect there may be two death certificates, as he was already at the funeral home before I was... View More
answered on Feb 18, 2025
The idea of two (2) death certificates should be resolved fairly easily by requesting a certified copy of his death certificate from Vital Statistics.
As the surviving spouse you have rights to receive certain assets from the Estate. Any claim the children have should be addressed through... View More
answered on Dec 9, 2024
An Ohio attorney could advise best, but your question remains open for two weeks. In terms of options you ask about, you could review the paperwork for the civil case you received with an attorney. An attorney would want to know more details about what they are suing for, and more about your... View More
Is this negligence? I called Medics after the Transit center didnt, I was abandoned by representative who was driving the paratransit buses. Once.medics arrived, they performed a series of test, I was then transported by ambulance in which I was hospital with symptoms of a stroke. The public... View More
answered on Nov 8, 2024
An Ohio attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. It looks like you're basing your claim on a breakdown in the services of a public carrier, necessitating the need for EMT response?? It sounds like it would be a weak case. This is... View More
For the last several months my downstairs neighbor has caused nuisance by shouting at her dog, other people, really anything. She is loud and obscene, cussing in every other word and often picking fights with people especially if her dog chases after their pet. I and several other tenants have... View More
answered on Oct 23, 2024
Have you spoken to the tenant directly? Do that first. You can also write to her so that there is documentation. Write to your landlord as well, to document attempts to resolve the issue prior to filing any lawsuit. If no action is taken, some townships or counties allow a tenant to escrow rent if... View More
Probation Office put in place a new (unwritten) requirement for persons in their programs to have an accountability partner. This requirement involves a process of a third party (another person) previewing/accessing a packet of documents created by a health facility that handles behavioral (group)... View More
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answered on Jul 21, 2024
No, a probation office cannot enforce an unwritten requirement mandating the disclosure of a patient’s therapy records to a third party without proper legal basis. Therapy records and patient notes are generally protected by HIPAA, which ensures the confidentiality of medical information. The... View More
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