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Ohio Civil Litigation Questions & Answers
1 Answer | Asked in Constitutional Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Ohio on
Q: What kind of attorney do I need to file a civil and constructional rights lawsuit? For not getting a fair Jury trial.
John Michael Frick
John Michael Frick
answered on Aug 24, 2023

First and foremost, you need an appellate attorney to successfully overturn the jury verdict on appeal on a specific ground that shows a lack of fairness in your trial. Unless and until you accomplish this, you have no viable civil claim.

Assuming your appellate attorney succeeds, you need...
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1 Answer | Asked in Civil Litigation and Real Estate Law for Ohio on
Q: I am selling my house but the title office said they don’t have a record of my deed being notarized.

We did get it notarized and the tax bill also states we’re the owner

Joseph Jaap
Joseph Jaap
answered on Jul 24, 2023

That deed is defective, and you won't be able to close the sale until it is corrected. The seller who sold the house to you will have to sign a corrective deed, have it notarized, and recorded. If you can't find the seller, you could have to file a quiet title action in court, and that... View More

1 Answer | Asked in Civil Litigation, Family Law and Domestic Violence for Ohio on
Q: Can an officer of the court lie to you, preventing you from information regarding your own case?

I called the county I was sure my soon to be ex filed for divorce in, but the lady was snarky and evasive, so I traveled to that county and she was extremely rude to me, then fake typed my info in, I literally watched her type nonsense the hit enter.

Todd B. Kotler
Todd B. Kotler
answered on May 24, 2023

From your question one cannot tell if the person with whom you disagree is actually an officer of the court. It looks like it might be a deputy clerk of courts, which is a little different. I recommend finding out from the clerk of court's website whether the information you are seeking is... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Ohio on
Q: I am being harassed over text. Should I take action?

My coparent and his wife continuously harrass me over text. They attack me, my character and parenting style. No threats of harm have been made. I do not respond to these messages yet they continue to send them. I don't block their number because my son lives in their household during... View More

Nicholas P. Weiss
Nicholas P. Weiss
answered on Mar 27, 2023

If you don't have an existing custody order, I'd recommend pursuing one and making a condition of the order being that everyone uses a third-party messenger service, like Our Family Wizard, to communicate. The benefit there is that anyone, including the court or GAL, will have instant... View More

1 Answer | Asked in Civil Litigation, Education Law and Elder Law for Ohio on
Q: ORC 4117.103 -volunteer at public schools When can a qualified volunteer be turned back by principal?

be turned away directly from the principle?

Arriving at my granddaughter’s elementary school for an approved PTO volunteering event at the requested time, Right away I was met with resistance. She began using her phone. She inquired to several ladies standing close by a loc of someone.... View More

Matthew Williams
Matthew Williams
answered on Jan 20, 2023

The law does not require the schools to allow any particular person to volunteer and there are literally hundreds of reasons from the mundane (we have enough help) to the quite serious (this individual set fire to the building last time they were here) that someone might be turned away.

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Foreclosure for Ohio on
Q: My mother-in-law was served papers recently. In them she is marked as a judgment creditor. What does this mean?

The case seems to be a default on a property owned by someone possibly attach to her we are unsure on what the complaint in the case is but they have her marked as a judgment creditor in the concerned parties information.

Tim Akpinar
Tim Akpinar
answered on Dec 12, 2022

An Ohio attorney could advise best, but it looks like your question was overlooked under the general Uncategorized heading. You could try reposting under Collections, Foreclosure, Bankruptcy, and Civil Litigation. This looks like something for attorneys who practice in one of those areas. Good luck

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... View 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... View More

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... View 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... View More

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... View 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... View More

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... View 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... View 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... View 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... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Ohio on
Q: Do I have a legal defense by declaring the court order I violated was obtained illegally when I have proof of the fact?

I have been charged with violating a court order, but I have proof that it was obtained illegally by falsifying evidence

John Michael Frick
John Michael Frick
answered on Sep 8, 2023

Yes, you can secure a declaratory judgment from a court declaring that a court order you violated was issued illegally and that can be a defense to any action seeking to enforce the court order against you.

1 Answer | Asked in Civil Litigation for Ohio on
Q: A shipping company called intercontinental usps is holding my package a hostage after paying fees, what should I do

A shipping company called intercontinental usps is holding my package hostage after paying fees and they are demanding more now even after I paid more. They are declining to give the package back at its original location and not giving my money back I paid and are forcing me to pay $500 more after... View More

Joseph Jaap
Joseph Jaap
answered on Jul 31, 2023

Sounds like a scam. Call the US Postal Inspection Service or report to local police.

1 Answer | Asked in Civil Litigation for Ohio on
Q: Can law enforcement enter your home when you are gone and put in a camera and listening devices. Not just once but twice

they were looking for drug abuse.

John Michael Frick
John Michael Frick
answered on Jun 23, 2023

Yes, with an appropriate warrant or the consent of the homeowner, they may do so.

1 Answer | Asked in Bankruptcy, Contracts, Civil Litigation and Communications Law for Ohio on
Q: How can get my ex off the title of my car?

My ex and I bought a car together. I make all the payments, pay for the insurance and keep up on all maintenance. I am still making payments on the car to this day but I no longer live in the same state as when we purchased. The title is MI and I live in OH. He has since filed for bankruptcy and is... View More

Timothy Denison
Timothy Denison
answered on Jun 16, 2023

File a motion to have him execute the title in your divorce case as he has been relieved of liability for it by virtue of his bankruptcy.

1 Answer | Asked in Criminal Law and Civil Litigation for Ohio on
Q: If someone tried to file a restraining order against me and it was denied, does it go on my record?

I had many issues with my neighbor in the past and have multiple emails with my apartment complex stating that. I called the police multiple times for noise complaints and they never did anything, recently she kicked my door multiple times and had a guy friend with her, i felt threatened so when I... View More

Patrick DiChiro
Patrick DiChiro
answered on Mar 22, 2023

NO. IT WOULD NOT GO ON YOUR RECORD. THIS GOES FOR A RESTRAINING ORDER OR CIVIL PROTECTION ORDER. IT MUST BE GRANTED IN ORDER TO GO ON YOUR RECORD.

GOOD LUCK.

PATRICK DICHIRO

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Federal Crimes for Ohio on
Q: I live in Ohio, I was hired with the understanding I had the card. Hr found out and terminated due to drug policy.

They are a BWC drug free workplace but I was 10-99 and not even an employee. I never took a pre or post drug test. Is this legal?

Nicholas P. Weiss
Nicholas P. Weiss
answered on Mar 16, 2023

Yes. Even if you were an employee, Ohio allows for termination of employees who use medical marijuana.

1 Answer | Asked in Civil Litigation, Family Law, Civil Rights and Federal Crimes for Ohio on
Q: I am 16 and from ohio, my friends sometimes buy me stuff is my step mom allowed to open my mail if its not hers?
Troy J Doucet
Troy J Doucet
answered on Feb 6, 2023

Yes. Whether or not she has any custodial rights over you, your father can certainly open your mail. He can then delegate that right to your step mom, so she can also open it without permission.

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... View 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.

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