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Ohio Civil Litigation Questions & Answers

2 Answers | Asked in Civil Litigation for Ohio on

Q: Can a property manager bar you from driving on the property if you don't have a license? Ohio

Joseph Jaap answered on Aug 30, 2019

The owner of private property decides rules for driving on their property, and the property manager makes rules on behalf of the owner, and can decide who can drive on it.

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1 Answer | Asked in Personal Injury and Civil Litigation for Ohio on

Q: Can I do anything about my neighbor's dog jumping the fence into our yard?

We have a pitbull and luckily they haven't been outside together, but we have watched our neighbor's dog jump into our fenced-in yard multiple times. What can we do (legally) other than ask the neighbor to watch their dogs?

Joseph Jaap answered on Aug 20, 2019

As the owner of pit bull, you are a vulnerable target for a lawsuit if something bad happens. You should consider whether the fence should be taller. You might also advise the neighbor of your concern. Perhaps the neighbor might want to install a taller fence. Check with your homeowner... Read more »

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Ohio on

Q: Hello, my vehicle was searched withbout my consent at my place of work. The search violated company policy as well

But I think it may have violated Ohio law. No law enforcement present, no warrant and no cause. Was this illegal?

Taylor P Waters answered on Jul 3, 2019

That depends on whether you have an employment contract and whether that employment contract gives them the ability to search your car if it's on their property. It seems unlikely, however. You should call an employment attorney.

1 Answer | Asked in Civil Litigation and Family Law for Ohio on

Q: My brother held my dad against his will for a year he got DPOnow wants to unplug my dad can we stop him doing it 4 spit

My dad would not even speak to my brother after he held him against his will for a year and kept his social security checks now he wants to unplug my dad after just 24 hours of life support other family members run me out of the hospital because I wanted them to leave so I could spend these last... Read more »

Taylor P Waters answered on Jul 3, 2019

You should call a lawyer for a thorough evaluation. Whether your father has a will, a living will, advance directives, and more will affect the outcome.

1 Answer | Asked in Civil Litigation for Ohio on

Q: Can a seller of a vehicle with only a receipt for deposit to buyer and no contract, cancel the sell and refund buyer?

It’s a vehicle owned by a married couple and due to lack of communication they both did not agree to sell and are going to send back the small deposit and compensate buyer for their time as well. Can the buyer sue? The vehicle is under $10,000. Thank you.

Taylor P Waters answered on Jul 3, 2019

Probably not. If the buyer had actual damages that person might try, but without actual damages incurred by the buyer, a suit is unlikely.

1 Answer | Asked in Banking and Civil Litigation for Ohio on

Q: If I cashed a check that I did not know what had a stoppage on it in 2015, a collection agency threatened legal action,

Can I be prosecuted under statute of limitations in 209?

Bruce Alexander Minnick answered on Jun 5, 2019

Your question is unclear. If you cashed a bad check in 2015, it may be too late for law enforcement to do anything about it. But that does not mean a collection agency cannot try to collect on behalf of whoever lost the money.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Ohio on

Q: Can you take someone to court for selling you a motorcycle with just a bill of sale and no title?

I sold a guy a motorcycle with just a bill of sale, title came in the mail days after the sale was made. He's threatening to take me to court because he has received the title I mailed him because he started to get hostile with me.

Bruce Alexander Minnick answered on May 21, 2019

Unless you surrender the title the prospective owner will probably sue you.

2 Answers | Asked in Civil Litigation for Ohio on

Q: 2 weeks ago I payed $1500.00 to get my brakes done. Saturday my brakes failed and I almost wrecked. Do I have a case?

Joseph Jaap answered on May 20, 2019

Anybody can sue by paying the court filing fee. But there are no monetary damages for an "almost wreck." If you can get another mechanic to testify that the work had been done improperly, you might be able to collect the $1500 in small claims court.

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1 Answer | Asked in Civil Litigation for Ohio on

Q: Long story short, neighbor threatened my cat because they think someone else's (who let's their cat roam outside)

In my housing community there has been a cat we thought was a stray but later learned it wasn't that the owners let him roam outside. Well the other day I came home from work and found cat feces on my back porch with a note and today the neighbor has been walking around my back porch and my... Read more »

Matthew Williams answered on Apr 26, 2019

Tell them not to trespass on your property, and if they come back, call the police.

2 Answers | Asked in Civil Litigation and Personal Injury for Ohio on

Q: What can I do about children climbing my fence to enter my back yard of my home within the city limits?

I have a back yard camera and an additional privacy fence around the back deck with a hot tub spa filled with water.

Joseph Jaap answered on Apr 17, 2019

You could ask them not to do that. Or you could talk to their parents or call the police and file a report. But depending on the age of the kids, they might retaliate in some way.

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1 Answer | Asked in Civil Litigation for Ohio on

Q: Daughter told her school she would end her life. they didnt tell us. she attempted it a month later.

My daughter told a counselor at her school that she wanted to end her life. She detailed how she would do it. He didnt tell us about it. A month later she attempted suicide in the exact manner that she described. Now the counselor is claiming that he did tell us and we didnt do anything about it.... Read more »

Joseph Jaap answered on Mar 28, 2019

Talk to the school principal and superintendent and determine what actions they have taken to investigate the matter and what they intend to do. Use the Find a Lawyer tab to retain a local civil litigation attorney to review all the facts and advise you of your options. But don't let that... Read more »

1 Answer | Asked in Civil Litigation for Ohio on

Q: Recently, I found out my significant other has been cheating on me. I threw his clothes outside. I informed him right

after I did so. He did not come and get them until after I bagged them two days later. He is suing me for $3000 for destruction of property. Can he win this suite when I clearly told him they were outside and to come and get them?

Matthew Williams answered on Mar 7, 2019

He could win the suit yes, but the phrase you’re looking for is “failure to mitigate damages.” That means if you could easily have done something to reduce the amount of harm caused by someone’s wrongful actions and decided not to, you get less.

1 Answer | Asked in Civil Litigation and Tax Law for Ohio on

Q: I received a settlement from my former employer through litigation for wrongful termination.I received a w2 for the

Portion that wasn’t taxed with the understanding that I have to Pay the taxes myself on this portion. However, I also received a 1099Misc for the portion that was sent directly to my attorney for their fees. This money never touched my hands and I assume my attorney also received the same... Read more »

D. Mathew Blackburn answered on Feb 14, 2019

You report the 1099-Misc on your return and create a counter entry reducing the amount and add a note stating that the income was reported as a W-2.

Keep all your records. There's a very high chance you'll receive a letter from the IRS in 2 - 2.8 years adding the 1099-Misc back in as...
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1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Libel & Slander for Ohio on

Q: lawyer to sue my ex for the mental distress mental disturbance emotional harm mental anguish mental suffering ect

Mental suffering he used abusive and insulting language assult and battery he torched my arm while i was sleeping has beat me many times he has went to jail he sufficates me with hands or pillow he pours liquids on me of all sorts i am in intensive counciling and i have problems with back head and... Read more »

Peter N. Munsing answered on Feb 4, 2019

I'm sorry to hear that you had to go through this. You have a case but.....the problem is that homeowners won't cover intentional acts, and if there is no insurance unless he's worth a lot of money you will get a piece of paper saying you are entitled to money--but he won't be able to pay it. The... Read more »

1 Answer | Asked in Civil Litigation for Ohio on

Q: I have a commercial building rented to a pizza business, that attached equipment to my structure . does that become

property of the structure owner ?

Joseph Jaap answered on Feb 4, 2019

Whether it is their "equipment" which they get to remove and take with them, or has become a "fixture" which becomes part of the real estate that must stay, depends on the nature of the installation. Use the Find a Lawyer tab to review the terms of the lease and all the facts, and advise you.

1 Answer | Asked in Child Custody, Civil Litigation, Divorce and Family Law for Ohio on

Q: I got divorced in Cleveland Oh and i have shared Parenting. My Decree and shared parenting Plan are All in Cleveland

Courts. My X Was Aloud to move to Michigan and take our Kid. This was in 2011 Final. So If my X wants to File a Contempt on me, Where would she File? In Cleveland or Michigan? My Decree is in Cleveland All of the Shared Parenting Schedule and Rules Were Done in Cleveland Courts. So Wouldnt... Read more »

Joseph Jaap answered on Jan 22, 2019

She should have filed a change of address with the OH court which handled the divorce, and it would retain jurisdiction. She could file something in MI, but the MI court would likely say it belongs in OH court.

1 Answer | Asked in Civil Litigation and Contracts for Ohio on

Q: I was shotand Tazed by ohio State police need to speak abour a law suit

And car dealership is refusing to return my vehicle

Matthew Williams answered on Jan 18, 2019

Contact a lawyer directly to go over exactly what happened.

2 Answers | Asked in Civil Litigation for Ohio on

Q: Hello I had hired a real estate broker to sell my property. He knew the place and been empty for 2 years.

He turned the water on for inspection(knowing it might have frozen or busted water pipes)He had the water company turn the water on without planning on being there for several hours. There was over $4000 in water damage plus I will have to replace the flooring. Do I have a case? Can he be made to... Read more »

Joseph Jaap answered on Jan 14, 2019

Yes, you can sue the real estate broker or his agency. First, file a claim with your home insurance and they might make a claim against the broker. Use the Find a Lawyer tab to retain a local attorney in OH who can review the situation and possibly work out a settlement with the broker.

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1 Answer | Asked in Employment Law, Civil Litigation, Employment Discrimination and Sexual Harassment for Ohio on

Q: Should i Bring a sexual Discrimination lawsuit against my employer?

Im a woman, i currently work for my employer 3years in Akron Ohio, I asked the kitchen manager if i could transfer to the kitchen. His instant reply, very loudly, in front of multiple people was "No! Absolutely Not! You'll only F**K all my guys back there, thats the only reason you want to... Read more »

Neil Klingshirn answered on Jan 13, 2019

Every case is different, so the best course is to get advice specific to your situation. That said, as a general rule you should evaluate the strength of the evidence for your claim, the amount of damages you could recover and the costs you will incur to recover those damages.

Here, your...
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