Ohio Civil Litigation Questions & Answers
Q: What can I do about children climbing my fence to enter my back yard of my home within the city limits?
Joseph Jaap's answer
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.
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.
Q: Daughter told her school she would end her life. they didnt tell us. she attempted it a month later.
Joseph Jaap's answer
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 distract from getting help for your daughter.
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 distract from getting help for your daughter.
Q: Recently, I found out my significant other has been cheating on me. I threw his clothes outside. I informed him right
Matthew Williams' answer
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.
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.
Q: I received a settlement from my former employer through litigation for wrongful termination.I received a w2 for the
D. Mathew Blackburn's answer
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 income an stating you owe back taxes, interest, and penalties. Then you'll have to provide the documentary evidence showing that you filed your return correctly and the IRS doesn't know what it's doing....
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 income an stating you owe back taxes, interest, and penalties. Then you'll have to provide the documentary evidence showing that you filed your return correctly and the IRS doesn't know what it's doing....
Q: lawyer to sue my ex for the mental distress mental disturbance emotional harm mental anguish mental suffering ect
1 Answer
| Asked
in
Personal Injury, Civil Litigation, Landlord - Tenant and Libel & Slander
for
Ohio
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Peter N. Munsing's answer
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 only plus is that as intentional acts they aren't dischargeable in bankruptcy.
I know that's not at all "justice" but it's like being mugged by a wino--you have a case but after spending...
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 only plus is that as intentional acts they aren't dischargeable in bankruptcy.
I know that's not at all "justice" but it's like being mugged by a wino--you have a case but after spending...
Q: I have a commercial building rented to a pizza business, that attached equipment to my structure . does that become
Joseph Jaap's answer
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.
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.
Q: I got divorced in Cleveland Oh and i have shared Parenting. My Decree and shared parenting Plan are All in Cleveland
1 Answer
| Asked
in
Child Custody, Civil Litigation, Divorce and Family Law
for
Ohio
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Joseph Jaap's answer
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.
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.
Q: Hello I had hired a real estate broker to sell my property. He knew the place and been empty for 2 years.
Joseph Jaap's answer
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.
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.
Q: Should i Bring a sexual Discrimination lawsuit against my employer?
1 Answer
| Asked
in
Employment Law, Civil Litigation, Employment Discrimination and Sexual Harassment
for
Ohio
on
Answered on Jan 13, 2019
Answered on Jan 13, 2019
Neil Klingshirn's answer
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 claim is that gender discrimination is blocking your advancement to a better position. The manager's statement is direct evidence of that discrimination. You can testify that he said it, as can any of...
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 claim is that gender discrimination is blocking your advancement to a better position. The manager's statement is direct evidence of that discrimination. You can testify that he said it, as can any of...
Q: How can we submit response filings in OH if we are located in CA?
Joseph Jaap's answer
Your counsel in CA should be able to handle that, or you can retain local OH counsel to assist with the filing. Use the Find a Lawyer tab to retain a local litigation attorney in OH where the lawsuit has been filed.
Your counsel in CA should be able to handle that, or you can retain local OH counsel to assist with the filing. Use the Find a Lawyer tab to retain a local litigation attorney in OH where the lawsuit has been filed.
Q: I got injured in a car accident in Ohio but I was visiting there from Kentucky. Do I still have to go through court
2 Answers
| Asked
in
Personal Injury, Car Accidents and Civil Litigation
for
Ohio
on
Answered on Dec 27, 2018
Answered on Dec 27, 2018
Dimitrios Makridis' answer
Typically, a lawsuit is filed where the defendant (1) resides; (2) has a principal place of business; (3) conducted activity giving rise to the claim; or (4) where all or part of the claim took place (i.e. where the accident took place). However, a lawsuit can be filed where a plaintiff resides, IF the lawsuit requires out-of-state service OR the plaintiff has been a resident of that county for at least 90 days.
Typically, a lawsuit is filed where the defendant (1) resides; (2) has a principal place of business; (3) conducted activity giving rise to the claim; or (4) where all or part of the claim took place (i.e. where the accident took place). However, a lawsuit can be filed where a plaintiff resides, IF the lawsuit requires out-of-state service OR the plaintiff has been a resident of that county for at least 90 days.
Q: I am losing my sale of home in Bedford,Ohio due to a 10 year old POS that came up prior to closing.
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local real estate attorney where the property is located to work it out with the inspector and advise you.
Use the Find a Lawyer tab to retain a local real estate attorney where the property is located to work it out with the inspector and advise you.
Q: I bought a car off a friend and I have the title and registration, he's now refusing to meet with me to transfer it
Joseph Jaap's answer
Tell him you will contact the police. If the police won't assist, then use the Find a Lawyer tab to retain an attorney.
Tell him you will contact the police. If the police won't assist, then use the Find a Lawyer tab to retain an attorney.
Q: What to do with a payroll overpayment ?
Brian Smith Esq's answer
It sounds like the employer deposited too much to your account. When they discover the error they can and will take the money back. you might build some good faith by letting them know of the over deposit.
It sounds like the employer deposited too much to your account. When they discover the error they can and will take the money back. you might build some good faith by letting them know of the over deposit.
Q: How soon can a hearing be set after service of an amended pleading?
Matthew Williams' answer
The court can hold hearings whenever it wants really. If there are outstanding pleadings, that can be addressed with the court at hearing. The Ohio Rules of Civil Procedure do set the time responding to an amended pleading: "Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within fourteen days after service of the amended pleading, whichever is later." Ohio R. Civ. Pro 15(A).
The court can hold hearings whenever it wants really. If there are outstanding pleadings, that can be addressed with the court at hearing. The Ohio Rules of Civil Procedure do set the time responding to an amended pleading: "Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within fourteen days after service of the amended pleading, whichever is later." Ohio R. Civ. Pro 15(A).
Q: Mom is 66 I have POA,she sold LLC, she was president, now they are trying for her personal assets,she has none,on ssi?
1 Answer
| Asked
in
Civil Litigation, Elder Law, Legal Malpractice and Medical Malpractice
for
Ohio
on
Answered on Sep 12, 2018
Answered on Sep 12, 2018
Peter N. Munsing's answer
I think I answered this already. Did the tavern have insurance? That should cover the claim, get her an attorney. If the claimant settled, see the release. Otherwise, get a consult from a bankruptcy attorney. That would put the other proceedings on hold.
I think I answered this already. Did the tavern have insurance? That should cover the claim, get her an attorney. If the claimant settled, see the release. Otherwise, get a consult from a bankruptcy attorney. That would put the other proceedings on hold.
Q: Mom 66 years old, owned LLC, was president- being sued, thinks assets hidden? How can they sue her?
2 Answers
| Asked
in
Civil Litigation, Elder Law and Medical Malpractice
for
Ohio
on
Answered on Sep 12, 2018
Answered on Sep 12, 2018
Peter N. Munsing's answer
On the mesh implant if the implant was less than two years ago I can get you the name of an attorney who will give a free consult.
On the michigas with the bar, seems that she should contact a bankruptcy attorney. If she's judgment proof no downside; it stops that other litigation.
On the mesh implant if the implant was less than two years ago I can get you the name of an attorney who will give a free consult.
On the michigas with the bar, seems that she should contact a bankruptcy attorney. If she's judgment proof no downside; it stops that other litigation.
Q: Can you file a post conviction relief on a dismissal
1 Answer
| Asked
in
Criminal Law, Civil Litigation and Civil Rights
for
Ohio
on
Answered on Aug 29, 2018
Answered on Aug 29, 2018
Q: My husbands ex is telling their sons pediatrician and elementary school that I have Child Endangerment and Drug Charges
Joseph Jaap's answer
Yes, you can sue. Anyone can sue anybody for anything. But the plaintiff must submit evidence, and the jury then will decide. Use the Find a Lawyer tab and retain a local litigation attorney to represent you.
Yes, you can sue. Anyone can sue anybody for anything. But the plaintiff must submit evidence, and the jury then will decide. Use the Find a Lawyer tab and retain a local litigation attorney to represent you.
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