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Ohio Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Ohio on
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
Joseph Jaap
answered on Dec 5, 2018

Tell him you will contact the police. If the police won't assist, then use the Find a Lawyer tab to retain an attorney.

1 Answer | Asked in Criminal Law and Civil Litigation for Ohio on
Q: What to do with a payroll overpayment ?

I have funds from an employer that should of not of been deposited.

Brian Smith
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answered on Nov 19, 2018

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.

1 Answer | Asked in Civil Litigation for Ohio on
Q: How soon can a hearing be set after service of an amended pleading?

Pleading was filed, answer to complaint was served within the 28 day window permitted by Ohio Civil Rule 15(A), an amended pleading was served 42 days after service of answer. Hearing date is set for 12 days from service of amended pleading. Federal Civ R 15(a)(1)(B) sets an amended response time... View More

Matthew Williams
Matthew Williams
answered on Sep 19, 2018

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... View More

1 Answer | Asked in Civil Litigation, Elder Law, Legal Malpractice and Medical Malpractice for Ohio on
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?

Original buyer never paid full amount for business, we obtained a judgment, our attorney did not act on the remainder due( we will be sueing him- that's another story) they appealed, now they are claiming she hid business assets- untrue, she lost her home, had major medical problems and... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 12, 2018

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.

2 Answers | Asked in Civil Litigation, Elder Law and Medical Malpractice for Ohio on
Q: Mom 66 years old, owned LLC, was president- being sued, thinks assets hidden? How can they sue her?

This has been going on for 5 years.. If it is an LLC and she was President ..there was no piercing of the veil.. how can they request a debtors exam?? she is on SSI, home was foreclosed on, she rents an apartment, it was a bar , there were no assets .. She is basically bed ridden, heart attack when... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 12, 2018

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.

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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Ohio on
Q: Can you file a post conviction relief on a dismissal
Matthew Williams
Matthew Williams
answered on Aug 29, 2018

No...there was no conviction thus there can be no post-conviction relief.

1 Answer | Asked in Criminal Law and Civil Litigation for Ohio on
Q: My husbands ex is telling their sons pediatrician and elementary school that I have Child Endangerment and Drug Charges

Can I sue her for defamation of character? Her accusations are completely untrue.

Joseph Jaap
Joseph Jaap
answered on Aug 29, 2018

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.

1 Answer | Asked in Civil Litigation for Ohio on
Q: I was a Plaintiff in a Small Claims case in Ohio and I lost. The judge said I didn't have enough evidence.

I can write an Objection Letter to the Judge within 14 days of the decision made by the Judge. I googled this and found out the only way I can "win" an Objection Letter is if the Judge made an error in deciding the decision. The person I sued didn't pay back what I lent him and he... View More

Joseph Jaap
Joseph Jaap
answered on Aug 8, 2018

A court can only decide based on evidence and testimony that is properly presented in court and admitted into evidence according to the court's formal rules of evidence. The rules of evidence are posted on-line. The court must comply with those rules. If the plaintiff is not able to submit... View More

2 Answers | Asked in Civil Litigation and Collections for Ohio on
Q: In a civil case against my husband can they come after assets that are soley in my name and not his, since we married?
Joseph Jaap
Joseph Jaap
answered on Aug 6, 2018

Normally not, unless he has transferred assets to you to avoid collection. In that case, the court could allow the creditor to trace his assets that went to you and to attach them for collection. The creditor also could obtain financial records from both of you to determine if any transfers... View More

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1 Answer | Asked in Civil Litigation for Ohio on
Q: At the hearing in small claims, my nephew said that I was in a Mental Institution. Will judge compensate me for that?

I filed a small claims complaint against my nephew for not paying money that he owed me and stealing money from me. At the hearing, my nephew said I was in a Mental Institution. Do you think the judge will compensate me for him saying that?

Matthew Williams
Matthew Williams
answered on Aug 3, 2018

No.

1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: Sellers realtor after all closing docs were signed asked for 5 extra days. Doesnt work for us what r our rights?

Sellers realtor said "tough- seller will stay extra days and u cant do anything about it"

Joseph Jaap
Joseph Jaap
answered on Jul 18, 2018

It would take weeks to evict them. You could sue them for any costs that you incur because of their delay in vacating, such as extra moving or storage costs. But the legal system does not provide any practical way to get them out in 5 days. You could call the police, but they would likely say to... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for Ohio on
Q: Can you file an eviction if there was never a lease?

My dad is in jail and he signed his house over to me. My cousins are currently living there but he told them they have x amount of time to leave. They are saying they aren’t going to leave until a month after said date. Can I file an eviction on them? There was never a lease, just an oral agreement.

Joseph Jaap
Joseph Jaap
answered on Jul 18, 2018

It does not matter if there is no written lease. The person who is named as owner on the deed can evict occupants after giving proper notice, and then filing an eviction action. The court will then schedule an eviction hearing. Check the local court for the notice form to give and the process to... View More

1 Answer | Asked in Civil Litigation for Ohio on
Q: My husband gave away my female pup while I was working. I have a kennel license and was planning on breeding the pup.

I am the pups rightful owner, not my husband.

Joseph Jaap
Joseph Jaap
answered on Jul 16, 2018

Depending on the circumstances, the dog could have been considered marital property, and either spouse can sell marital property or give it away. You can sue your husband in small claims court, and the court will decide. In a divorce, the court would divide marital property.

1 Answer | Asked in Civil Litigation for Ohio on
Q: Let's say I bought a car for girlfriend. Car is titled in my name. Loan is in my name. Can I recover car?
Joseph Jaap
Joseph Jaap
answered on Jun 26, 2018

Your name is on the title. You own it. It's your car. You can reclaim possession. But there could be trouble. So talk to the local police first since there could be an altercation, and she might report it stolen or accuse you of assaulting her. Take a witness with you if you do go to... View More

1 Answer | Asked in Civil Litigation for Ohio on
Q: Order for Proposal of Findings of Fact and Conclusion of law ,

In a Civil Eviction Case, a Magistrate order was against me , I'm a Pro Se , I filed Findings of Fact and Conclusion of law .

But both of us were ordered by the court to propose the findings of facts and conclusion of law !! Can i ask the court to reconsider this request for me ? and... View More

Matthew Williams
Matthew Williams
answered on Jun 18, 2018

It is common practice for the court to request proposed findings of fact and conclusions of law from the parties. If you don't submit one, the court will likely adopt those submitted by the other party whole, which of course, will not favor any of your positions.

1 Answer | Asked in Civil Litigation for Ohio on
Q: Who do I contact to help with the defacing or desecration of a grave site?
Joseph Jaap
Joseph Jaap
answered on Jun 8, 2018

Report it to the cemetery operator and have them file a police report.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Gov & Administrative Law for Ohio on
Q: I was "randomly" selected for proof of insurance on a van i own but havnt driven in five years sent letter with proof of

Insurance on vehicles currently driven after 2 affidavits estimate from certified mech several calls and hearing request they still suspened lisc claiming they didnt get hear request i appealed litigated with attorney gen and then provided a copy of request and cancelled check at which time they... View More

Gary Kollin
Gary Kollin
answered on May 27, 2018

You notice there is a limitation of amount of characters. That is so you can write your question without all the extraneous material like "poor boy" and "not to mention many hours of legal work".

I am not trying to be an English teacher, but you have run on sentences,...
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1 Answer | Asked in Civil Litigation for Ohio on
Q: I want to ask judge for continuance in a case to allow me more time to get legal counsel, can he refuse?

My ohio based small business (plaintiff) filed a claim against another ohio business in a small claims court. On hearing day we both showed up without legal counsel. Hearing was adjourned and judged insisted we both needed legal counsel. We called a few lawyers and they are charging too much. Next... View More

Matthew Williams
Matthew Williams
answered on May 15, 2018

You can request a continuance and the court will probably grant it. But, the court can deny it. If you are the plaintiff and you don't want to pursue it, you can simply not show up and it will get dismissed. But, be careful about doing so. If the other side has made any claims against you,... View More

1 Answer | Asked in Civil Litigation for Ohio on
Q: Funeral home director refused to pay the family the remaining balance received from the nursing home after all exp paid
Bruce Martin Broyles
Bruce Martin Broyles
answered on May 13, 2018

If there are funds being held that are not due and owing, the funeral home has converted funds or breached the contract you had with it. An attorney should review thd contract as well as the instrument by which the nursing home transferred funds to the funeral director

1 Answer | Asked in Real Estate Law, Civil Litigation and Small Claims for Ohio on
Q: Investment Co. Purchased house next door and had company cut down a tree in our front yard! How should I proceed?

We have a house in Cleveland heights, Ohio which we now use as a rental and has been unoccupied for the past 2 months. Apparently the house next to us sold and an investment team(appears to be a large company) purchased the house next to us. The investment team hired a tree/crane cutting company to... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on May 11, 2018

File a lawsuit. The company trespassed and caused damage to your yard. In addition cutting down an ornamental decorative tree can result in trble damages in Ohio.

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