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Ohio Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Ohio on
Q: How can i find out of there's a civil suit againt me?
Joseph Jaap
Joseph Jaap
answered on May 8, 2018

Most state courts have their dockets on-line, and allow those to be searched by entering a name. The court docket is a public record. Check the court website where you think case might have been filed against you, or call the court's office for assistance.

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Family Law and Adoption for Ohio on
Q: Dismissed Ohio Untimely Notice of Appeal- Attorney filed for reconsideration-blamed postal service.

Question: Will the Appellate Court grant this ridiculous Motion for Reconsideration?

Background: Notice of Appeal was two (2) days late. Appellants attorney mailed it on a Friday thinking it would be fine and stamped by the Clerk on Monday. It was delivered on Wednesday. Appellate... View More

R. Scott Patterson
R. Scott Patterson
answered on May 2, 2018

IS THIS A QUESTION?

1 Answer | Asked in Civil Litigation for Ohio on
Q: What options do I have in recovering money stolen from my 401k by my payee, who also happens to be a relative?

Had a heart attack & brother was named payee...fast forward....new payee discovered he depleted my 401K account & stole over $200,000

Sure, I can go after him in criminal court but, how will that get my money back if he's in jail/prison & isn't working? Plus, he is... View More

Matthew Williams
Matthew Williams
answered on Apr 24, 2018

You could file a civil lawsuit against him. You could confront him and perhaps come to an agreement for him to repay over time. You could call the police.

1 Answer | Asked in Civil Litigation for Ohio on
Q: Can my ex be taken to court for not helping with insurance premiums for the kids?

When we got divorced, I was the obligator for the insurance. We agreed to split all out of pocket costs 50/50. Are premiums also considered out of pocket costs? They cost nearly $3000 per year (we have 3 children), and I am struggling to buy clothes for my children. After paying the necessary... View More

Joseph Jaap
Joseph Jaap
answered on Apr 23, 2018

It depends on what your parenting agreement says and all the current financial circumstances. There are many factors to consider. If financial circumstances have changes, the court could adjust the amount of support. Contact the attorney who handled your divorce, or use the Find a Lawyer tab to... View More

1 Answer | Asked in Bankruptcy, Civil Litigation and Criminal Law for Ohio on
Q: I paid a paralegal to paperwork for my bankruptcy and she has not done it. Do I have a criminal and civil suit
Dean Paolucci
Dean Paolucci
answered on Apr 12, 2018

You would have a civil lawsuit you could file; to try and recover your money. Best of luck to you.

2 Answers | Asked in Car Accidents and Civil Litigation for Ohio on
Q: In Ohio, is it illegal for a business to push snow from their parking lot into a public road?
Joseph Jaap
Joseph Jaap
answered on Apr 10, 2018

It could violate some city or local ordinance. Check with the local government in which located.

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1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: I had a bogus lein put on my home and business. This person is in jail and awaiting his trial for prison.

How do I remove this when I can’t afford an attorney? I was never served any papers or notice regarding this matter.

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 30, 2018

Prepare a notice to commence suite and have it served by the sheriff at persons last known address

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Small Claims for Ohio on
Q: In which court would I file a successor liability suit for a lifetime basement waterproofing warranty that came from

In which court would I file a successor liability suit for a lifetime basement waterproofing warranty that came from a company that is now defunct. The former owner now owns a new, unrelated company that works to fix bowing foundation walls. He used to own a waterproofing business. Thanks!

Joseph Jaap
Joseph Jaap
answered on Mar 30, 2018

Small claims court for a claim up to $6000, or municipal court up to $15,000. Over that - Common Pleas Court.

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Public Benefits for Ohio on
Q: Do I have to give a 30 day notice to a group home & pay rent if it's not in the rental contract?

I am the Guardian of my brother. My brother suffers from mental illness & has been residing at a group home since June 2017. I have evidence that the owners of the group home has stolen money from my brother. His rent is $1100.00/month. The rental contract does not call for a 30-day-notice... View More

Matthew Williams
Matthew Williams
answered on Mar 30, 2018

Put the money is escrow and prepare for a fight, if you don't want to pay it. The law will generally imply a month-to-month lease if the specifics are not spelled out in the agreement and go from there. That means 30 days notice will usually be included essentially as customary.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Ohio on
Q: If a company sold me a lifetime home warranty went out of business but then the owner went and opened a new business mus

If a company sold me a lifetime home warranty went out of business but then the owner went and opened a new business must he still somehow honor the warranty for my basement system? He now owns a foundation wall support co. but owned a basement waterproofing co. I contacted him but he was a... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 30, 2018

You may want to consider a suit under successot liability. He probably works from the same location, with same equipment and employees

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Landlord - Tenant for Ohio on
Q: New commercial neighbor is a convicted rapist & sex offender w admissions of harming children. Does this count?

My landlord rented to a convicted sex offender w no background check. I informed him of this mans past. He’s been convicted of multiple indescent exposures, rape, pandering kiddy porn. He also admitted in a court doc to publicly masturbating near schools in hopes of being seen.

My only... View More

Matthew Williams
Matthew Williams
answered on Mar 28, 2018

R.C. 5321.14 is not going to help you. That concerns unconscionable terms in the lease agreement, not your dissatisfaction with the proximity of a sex offender.

1 Answer | Asked in Civil Litigation and Small Claims for Ohio on
Q: Neighbors pool broke and flooded our basement, worth going to small claims court? Neither insurance covered damages

3 inches of water in basement, we cleaned and threw away all damages, have not heard from neighbors since day it happened, been a month.

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 24, 2018

Small claims monetary jurisdiction is $6000, but the difficult part will be establishing your damages. You probably have receipts for rental vaccumms or service company to remove water and water damaged items, but how to establish the value of damaged items. The owner of property can provide... View More

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: defaulted on land contract. Does she have the right to keep last 5 on time out of contract payments
Joseph Jaap
Joseph Jaap
answered on Mar 20, 2018

It depends on what the land contract says about defaults and what remedies owner has. If buyer defaulted, then buyer might not have much of a legal basis to try to get those payments back. Buyer must retain a local attorney to review the land contract and all the circumstances and then advise of... View More

1 Answer | Asked in Contracts, Civil Litigation, Collections and Small Claims for Ohio on
Q: My old roommate owes me $2500 after I covered our rent and utilities when he couldn't afford it. How can I get my money?

It has been 3 years since we lived together. He has not made one attempt to pay me back. He has declared bankruptcy for dealing with debt in other areas of his life (car payments, IRS).

Joseph Jaap
Joseph Jaap
answered on Mar 5, 2018

Small claims court can handle a claim under $6000. But his bankruptcy might have terminated your claim. Use the Find a Lawyer tab to consult a local collection attorney.

1 Answer | Asked in Contracts, Civil Litigation, Collections and Small Claims for Ohio on
Q: my girlfriend broke up with me before paying me back for a vacation we took together. How can I get my money back?

In 2012, we went on vacation and I covered her half of $10,000 total. She was supposed to pay me back when we returned home. She dumped me before I received a dime. When I asked about the money, she threatened to call the police and put a restraining order on me. It has been 6 years. Do I have any... View More

Joseph Jaap
Joseph Jaap
answered on Mar 5, 2018

Small claims court can handle a claim up to $6000. If more than that, you file a claim in municipal court. But you might have waited too long. The time limit on your claim might be 6 years. Use the Find a Lawyer tab and retain a local litigation attorney.

1 Answer | Asked in Contracts, Civil Litigation and Collections for Ohio on
Q: Do you still owe a judgment that is more than 10 years old?

An account was sent to collections and a judgment was entered against me in 2008. I have never made a payment and I was disabled at the time of the judgment and remain disabled currently. Can the agency garnish my part time wages? Am I still liable for the debt?

Joseph Jaap
Joseph Jaap
answered on Mar 1, 2018

Use the Find a Lawyer tab to retain a local attorney to review the situation and advise you, and dal with the credit agency.

1 Answer | Asked in Criminal Law and Civil Litigation for Ohio on
Q: How do I quash a subpoena. It was served properly and in time.

Ex-husband is going to trial for Menacing by stalking of his girlfriend. My husband, my mother and I all have to turn over phone, texts and emails with the plaintiff. She contacted my mother through Facebook to warn me to protect my 3 minor children. We did exchange texts, but I didn’t save... View More

Matthew Williams
Matthew Williams
answered on Feb 22, 2018

Do you have any relevant information to the case? IF not, file a motion to quash saying so. If you do have relevant information, and you've been subpoenaed and served, you have to show or risk having a warrant issued for your arrest.

1 Answer | Asked in Civil Litigation for Ohio on
Q: I just got a call from a collection agency claiming that I was speeding in a small town near my home 3-1/2 years ago.

Apparently they have a picture of the back of my car, going 10 miles over the limit - We have 4 driving members in our family that all use my car, so I have no idea who may have been driving. I have not received any notice of this ticket until now. Do I have to pay this, along with collection... View More

Joseph Jaap
Joseph Jaap
answered on Feb 20, 2018

The registered owner of the car is liable. You can try to fight it, or pay it - you could split it 4 ways. If turned over to collection, there are various ways they can use to force you to pay it, like not renewing a license, or reporting it to the credit bureaus to lower your credit score.... View More

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Ohio on
Q: If I moved with my so called gf/bd then In july and was put on the lease as of September 2017 as a renewed lease with gf

Bf but then moved back home..: I still have stuff their and still have a key. Gfbf was paying the rent the whole time and I never agreed to pay any rent. Due to my job I was barely at the residence for 7 days the most out of a month. Can the gfbf after a break up sue me for half the rent if I never... View More

Joseph Jaap
Joseph Jaap
answered on Feb 19, 2018

Anybody can sue anyone for anything. But they only win if they have evidence and a valid legal claim, as determined by the court. Either work it out, or if she sues, use the Find a Lawyer tab to retain a local attorney to defend you.

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