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Ohio Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Small Claims for Ohio on
Q: My question is, can they do that? Agree to $85 being the amount repaid, and then demand an additional $200 or be sued.

I was working for a pet store/supply company, and stole $85 worth of merchandise due to financial issues I’ve been having. I apologized, admitted to my wrong actions, and even agreed to pay back the $85 which is the amount a cooperate representative of the company agreed was the correct amount... Read more »

Matthew Williams
Matthew Williams
answered on Nov 29, 2022

First, yes, they can sue you. There is a statute that allows merchants to sue for statutory damages of $200 from thieves to help defray the costs of loss prevention. But they probably won't. They simply cannot win enough money to make it worth the time. In many courts it costs more than $200... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Domestic Violence and Landlord - Tenant for Ohio on
Q: Can my abusive boyfriend evict me due to breaking up. He has harrassed me and followed me into the bathroom
Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

If you do not have a written lease, then he can evict you. An eviction is a permanent public court record that can make it difficult to rent from a landlord who checks the records, and most do. So avoid having an eviction filed.

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Ohio on
Q: I'm being sued by a creditor I filed an answer with the court myself now I have a pretrial date coming very soon.

I can't afford an attorney and my legal aid consultation appointment is after the pretrial, that's the only date they had available. What defense can I use to stop them from garnishing my paycheck? I feel as though this company lied to the court in their filing they claim that they have a... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 23, 2022

Nobody can help you without reading the pleadings and examining the file. Maybe you can buy 30 minutes of an attorney's time before the pre-trial.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Ohio on
Q: My daughters name was found to be on a students hit list.

Her name was on a students hit list. The school has a zero tolerance policy and only suspended the student for 10 days with a potential expulsion based on a closed door expulsion hearing that we are not allowed to go to. What would be our best avenue for how to handle this legally potentially... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 17, 2022

Talk to your local county prosecutors office, which might want investigate and will decide whether to pursue a criminal action. Then use the Find a Lawyer tab to retain a local attorney who handles civil litigation cases.

1 Answer | Asked in Banking, Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: Is it against the law to force someone to sign the deed to their home over to them?

I applied for mortgage assistance in which I could skip some payments and have them rolled to the end of my mortgage. I was approved and skipped about 11 payments. The lender needed my wife and I to sign papers to make it official. My inlaws told my wife to not sign those papers. Despite my... Read more »

Joseph Jaap
Joseph Jaap
answered on Sep 13, 2022

The in-laws aren't forcing you to sign, they are offering a choice - you can either sign (and then rent from them or move elsewhere), or allow the foreclosure to proceed and you would be evicted by the new owner or you could try to rent from the new owner. Or the in-laws could purchase it at... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Domestic Violence for Ohio on
Q: I am looking for a lawyer who will prosecute up to 3 union county deputies.

I apologize if this goes to Akron its fighting me to send this to Marysville.

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jul 24, 2022

Call the UnionCounty prosecutors office.

1 Answer | Asked in Civil Litigation for Ohio on
Q: My girlfriend of 10yrs kicked me out of the house she got swhile we were together. What do i do about getting my things

I have attempted to sit down with her and a mediator , her daughter who doesn't care for me too much, and discuss who gets what but she starts yelling acting like a child. AnywYs mist of the stuff in the house , I have bought but I'm not trying to empty her house . I don't have room... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 30, 2022

Parties can file for a right of replevin at the municipal court in the county where the property is located under Ohio Revised Code Chapter 2737 re Replevin. Any party to an action involving a claim for the recovery of specific personal property, upon or at any time after commencement of the... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: two cases that are related to one another and one was dismissed and currently being appealed, what happens to the other
Matthew Williams
Matthew Williams
answered on Jun 9, 2022

You really don’t give enough information here to answer your question. It’s quite possible nothing happens to the other case. In what way are they related?

1 Answer | Asked in Civil Litigation for Ohio on
Q: Is my husband allowed to sell a car that’s in his name but I helped pay for from under me
Joseph Jaap
Joseph Jaap
answered on Jun 3, 2022

If his name was the only one on the vehicle title, then his signature alone was sufficient to legally sell the vehicle. It does not matter whose money paid for it. The signature of a spouse is not required if that spouse's name is not also listed on the title. Dividing up the money from the... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: My boyfriend walked out of our 6 yr relationship and moved out of my house. I own it. This was over 3 months ago.

He never left my property. He is staying in a camper in my yard. We have no agreement of any kind yet he refuses to leave. I live in Ohio and need him gone. This is causing me terrible stress and raising my blood pressure. Do I have to evict him although there is no lease agreement?

Bruce Martin Broyles
Bruce Martin Broyles
answered on May 18, 2022

Yes, you should evict him. He does not have a oral lease for a period of term. He is a person with no interest in the property and he can be served a three day notice and a complaint for forcible entry and detainer should be filed against him. If you call the police they will typically say it is... Read more »

1 Answer | Asked in Civil Litigation and Divorce for Ohio on
Q: My ex-wife and I still own a house together. She is refusing to pay any amount of the mortgage. What can I do

We bought the house, in North Carolina, shortly after getting married. Our jobs moved us out of state and we rented the house out on a 5 year lease with option to buy. The renters didn't buy, but still living there without paying rent (another legal issue in progress), and my now ex-wife is... Read more »

Joseph Jaap
Joseph Jaap
answered on May 13, 2022

Your divorce decree should have specified what was to happen to that house, who was to pay mortgage, expenses, etc. If ex is not complying with the decree, then you can file with the court that issued your divorce decree and ask the judge to order her to comply and to hold her in contempt if she... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Libel & Slander for Ohio on
Q: What can I do if I am on the receiving end of a threatening text message from an ex-coworker in Ohio?

An ex-coworker sent me a text message stating people will be going after me after he talks to them and they will beat me, this is after he caused me issues at work by lying to HR and almost getting me fired.

Matthew Williams
Matthew Williams
answered on Mar 25, 2022

You can do one or both of the following: report the matter to the police, and/or seek a civil protection order.

1 Answer | Asked in Copyright and Civil Litigation for Ohio on
Q: Can someone sue someone for civil if they don't live in that state?

Suing me in California and i lived in Ohio all my life

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 18, 2022

If you have minimum contacts with that state, then personal jurisdiction over you will exist under California’s long arm statute. If not then you should fight jurisdiction.

1 Answer | Asked in Civil Litigation and Small Claims for Ohio on
Q: If an ex boyfriends mom gave me a phone and added me to her phone plan, then suspends my phone and threatens me with the

Police is that legal? She gifted it to me and now I’m being told that if I don’t return it she will get the police involved and use my phone records.

Anthony C. Satariano
Anthony C. Satariano
answered on Jan 18, 2022

This question depends on the nature of the transfer. If she truly gifted it to you, there is an argument it is yours. If she merely intended for you to use it, then it may still be hers. But, as the owner of the plan she likely has an undisputed ability to suspend phones she pays for.

1 Answer | Asked in Civil Litigation for Ohio on
Q: I loand my nephew 20,000 dollars for him to start a business he blue the money and never payed me back

We went to the bank to deposit my 20000 check I signed a paperwork so I could deposit the check

Joseph Jaap
Joseph Jaap
answered on Jan 12, 2022

You would have to sue your nephew for breaching the terms of any written agreement for the loan to him or to the business. If there was no written loan agreement, but it was only an oral understanding, it would be harder to prove. And even if the court issues a judgment for him to repay you, he... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Ohio on
Q: If The child and I are under mandated quarantine do due to Covid positive, do I break my quarantine?

Thank you!

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 5, 2022

No. She can't. It sounds like she just enjoys filing things with the court. She should be sanctioned for sending the child out of state.

1 Answer | Asked in Civil Litigation, Real Estate Law and Probate for Ohio on
Q: Dear Sir, I wish to buy my partner shares.

Dear Sir, I wish to buy my partner shares. he passed long years ago, the shares are still in this name, what is the easier solution to buy those shares from his grandchildren’s.

Matthew Williams
Matthew Williams
answered on Dec 18, 2021

If they own them. The first thing to do is sit down with a lawyer and figure out who owns the shares based on your partnership agreement and his will and/or the probate of the estate.

1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: Wage garnishment over “loan” between family w/ no contract, only told pay when/if you can. Help please

Hi, I have a question regarding money given between family. My grandpa gave me around 3k to help with our back rent. There was no contract or anything signed between us. He just said, “pay it back when/if you can”. Now he passed away recently & his daughter is threatening to garnish my... Read more »

Bruce Martin Broyles
Bruce Martin Broyles
answered on Dec 16, 2021

A loan does not entitle a person to garnish your wages. They would have to obtain a judgment against you, and garnish wages based upon the judgment obtained against you.

Even if a judgment is obtained and garnishment is attempted, social security, disability, and retirement benefits are...
Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Divorce and Family Law for Ohio on
Q: My spouse has a no contact order against me. Can I send my in-laws a gift for their wedding?

Nothing intended for my wife is involved. Just congratulations to their nuptials.

Emerald Sheay
Emerald Sheay
answered on Dec 10, 2021

Generally this would not violate a restraining Order, but you should very carefully review the terms of the no contact Order. While this action may not typically violate a restraining Order, it may not be prudent to reach out to her family while this restraint is in place.

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Ohio on
Q: My Father had a will and Trust done after my Mother died in 2012. My Father died in April 2020.

My sister was appointed Executrix of my Fathers estate and another sister Trustee of his trust. The day after my Fathers funeral service the Executrix and her husband and kids started to go through my Fathers house and started clearing it out and giving stuff away on top of whatever she took for... Read more »

Andrew Popp
Andrew Popp
answered on Nov 3, 2021

The answer depends on a number of additional factors. A key issue that needs to be addressed is whether the household goods were considered a probate asset, or an asset of your father's Trust. As the other attorneys have advised, the analysis is too complex for an answer on this forum. You... Read more »

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