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Ohio Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Child Support for Ohio on
Q: If my ex has his tax return taking for back suport can anyone take it from me
Joseph Jaap
Joseph Jaap
answered on Feb 16, 2018

If you have any money go into your bank account, and a creditor has a judgment against you for money that you owe the creditor, then the creditor could get a garnishment against your bank account and get money from the account to pay the judgment.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Juvenile Law for Ohio on
Q: How to defend charge in court after minors get into a mutually agreed fist fight? Aggressor lost fight & pressed charges

My nephew, over the course of time has been hit in the private and taunted by a fellow student. During the end of school in Dec, he was pushed down the stairs by said student. They both decided to have a fist fight, that they would walk from school to said students house for the fight. They made it... View More

Joseph Jaap
Joseph Jaap
answered on Feb 15, 2018

You defend by retaining a criminal law attorney. Use the Find a Lawyer tab. Bullying should be something discussed with the school principal.

2 Answers | Asked in Civil Litigation, Bankruptcy, Contracts and Landlord - Tenant for Ohio on
Q: My boyfriend rented an apartment and signed a lease ...I live with him but not on the lease ...I never signed lease

The landlord is evicting us both...my boyfriend filed Chapter 7...so now Landlord is filing to make me pay...Because I’m not in bankruptcy ...what will happen?...will this effect my credit ?...will I have to pay back rent?

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 13, 2018

If you did not sign the lease, then hard to hold you liable. Check with local counsel

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1 Answer | Asked in Civil Litigation, Family Law and Child Custody for Ohio on
Q: I need to know how to protect my son from having time with his alcoholic father when the courts aren’t listening.

The court I am in (Cuyahoga) isn’t doing what’s in the best interest for my son & the gal is a joke. They’re going to I’ve his Father Time when he neglects him, he would come back with bruises and diaper rashes, extreme fits like he’s scared, and he’s also special needs. Needs a set... View More

Joseph Jaap
Joseph Jaap
answered on Feb 13, 2018

The courts have the legal authority to make such custody decisions. If you disagree, you can file objections or appeals to the next judicial level. Courts decide based on testimony and evidence property presented to them in court. Use the Find a Lawyer tab and retain a local family law attorney... View More

1 Answer | Asked in Libel & Slander and Civil Litigation for Ohio on
Q: If I send a letter to my mom and her husbands church with information on them, can they sue me? The church should know.

The letter would involve information on their lives, marriages, infidelities, and they are in leadership roles in their church. They have a right to know what is going on in their church, and I would like to send it to the pastor, as well as the leader of the ladies group. But, I am afraid they... View More

Joseph Jaap
Joseph Jaap
answered on Feb 5, 2018

Anyone can sue anybody for anything. So yes, they can sue you, and a court could order you to pay them significant monetary damages.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Ohio on
Q: what are my rights as a tenant and being evicted? i am behind on rent but did not sign lease or was handed an eviction
Joseph Jaap
Joseph Jaap
answered on Feb 5, 2018

Even if a lease was not signed, landlord still can give tenant notice to vacate. If tenant didn't pay rent, then only the 3 day notice is necessary. After waiting 3 days, landlord can then file an eviction action. The court will schedule a hearing in a couple weeks, and if it grants an... View More

1 Answer | Asked in Civil Litigation and Child Support for Ohio on
Q: does the law take in account other dependent children when determining child support payment?

my husband has 1 child from previous relationship. he has 2 other children with me. when child support is evaluated, do they take in account the other defendant children that he provides for? he doesn't pay court ordered child support for the other 2 children since they live under his roof.

Joseph Jaap
Joseph Jaap
answered on Jan 26, 2018

Yes, other child support obligations are considered in the calculation. Here is a link to the worksheet:

https://ohiochildsupportcalculator.ohio.gov/pages/calculator.html

1 Answer | Asked in Civil Litigation, Family Law and Child Custody for Ohio on
Q: Ihavexa annual review my case plan is completed successfully. They want to take my new baby what should I do
Joseph Jaap
Joseph Jaap
answered on Jan 26, 2018

Use the Find a Lawyer tab and retain a local family law attorney to review all the facts and represent you.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Ohio on
Q: My Annual Lease was Ended and Notice by Landlord served. then an acceptance from the landlord to hold off the procedure

The landlord did accept rent at the usual rate, never asked for a rent increase. and he teated my tenancy as Month -to- Month Lease. then two months later, he asked me to pay back rent discrepancy and filed for eviction and money claim.

is this lawful ? or legal?

Joseph Jaap
Joseph Jaap
answered on Jan 26, 2018

The court will determine if it is lawful or legal at the eviction hearing. Use the Find a Lawyer tab and retain a local real estate attorney to represent you, but be prepared to move if the eviction is granted, because the court will only give you 7 to 10 days to vacate.

1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: My fiance closed on a modular, and we just found out 5 days later that the floor under the water heater is rotted

The water heater is literally falling through

the floor. It is molded and rotted and is going through the floor!

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jan 18, 2018

There may be a number of ways to cancel or rescind the contract, but an attorney would need to examine the purchase contract

2 Answers | Asked in Civil Litigation and Collections for Ohio on
Q: I have a pending civil case for failure to pay credit card account. What happens if I can't pay it?

I have not been able to work for over 2 years due to many surgery's on my knees. My husband works but we live paycheck to paycheck and we don't own any property. Can you give me some idea of what will possible happen?

Joseph Jaap
Joseph Jaap
answered on Jan 15, 2018

The court can issue a judgment against you for the amount of the debt. The creditor then can go to court again to try to collect on that judgment, which could include having the court order an employer to garnish wages by withhold a certain amount each payday. The creditor also could try to take... View More

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1 Answer | Asked in Civil Litigation and Traffic Tickets for Ohio on
Q: I was pulled over for speeding while my license is suspended

2017 Apr 21 my license was suspended for MD1 VEH HOMO & and it Weill be suspended for three years and I have to do 500 hrs of comm service(almost complete).

The first year of the suspension my license is non occupational and after that I can apply for work privileges I was pulled over... View More

Joseph Jaap
Joseph Jaap
answered on Jan 15, 2018

Use the Find a Lawyer tab and retain a criminal attorney.

2 Answers | Asked in Car Accidents, Civil Litigation and Personal Injury for Ohio on
Q: Car totaled in accident; not at fault; my license suspended at the time. Will Uninsured Motorist Coverage still cover?

I was at a red light, a driver ran the light, hit another car, which hit me. My car was totaled. The driver of the original car is uninsured and had a suspended license. My license was suspended at the time. Will my Uninsured Motorist Coverage still cover the accident?

Joseph Jaap
Joseph Jaap
answered on Jan 8, 2018

Did you have the insurance, or someone else? The policy holder should direct that question to the car insurance company or review the policy exclusions.

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1 Answer | Asked in Civil Litigation and Collections for Ohio on
Q: I was issued a summons of Judgment by mail on 01/16/2018.

The summons of Judgment is for past due medical bills. I was given 28 days to answer the summons. My husband and I were able to gather the $1616.35 owed plus the $110 for the attorneys filing fee. For a total of $1726.35. There is no interest amount stated. Who do I contact to pay this before it... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jan 7, 2018

Yes. You need to file an answer. Even if you intend to pay the amount in full, you need to either file an answer or contact the attorney who filed the complaint to get the complaint dismissed. Otherwise you will have a judgment rendered against you. A judgment can hurt your credit rating. It is... View More

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Ohio on
Q: subtenant who has no written contract or receipts with me in ohio, threatens me with attorney.

Ok so his attorney called me and said he wanted his tools back. I changed the locks on this guy and gave him 3 days and hinted him to leave many times before that i have witnesses. He owes me over 4000 dollars. Should I counter Sue him? or just say you have no written contract with me. Also a lot... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jan 4, 2018

No written lease also means that you have not secured a right to self help repossession. You do not have a lien on his tools. You should probably have an attorney speak with his attorney and arrange for the tools to be returned in exchange for the payment of past due rent owed.

1 Answer | Asked in Civil Litigation and Real Estate Law for Ohio on
Q: Bed bugs were discovered by the buyer after closing am I responsible?

This was a duplex I did not reside in I had no idea there was an issue it had sat empty six weeks per buyers request for it to be vacant at closing. Now they want me to pay for extermination and living expense in a hotel. They had an inspection and I treated for termites. Am I responsible?

Joseph Jaap
Joseph Jaap
answered on Dec 29, 2017

Until the buyer files a lawsuit, and a court says you are responsible, you aren't obligated to pay them anything. You can try to work out sharing the cost, or you can refuse to pay, and see if they sue you. If they do sue you, you can then decide if sharing the cost is worth not going to... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Ohio on
Q: Roomate refuses to give me my half of deposit to move out. Can I move and not pay rent if I’m not one lease?

Lease is up February of 18. She won’t give me deposit in February so I don’t want to have to pay rent

Joseph Jaap
Joseph Jaap
answered on Dec 28, 2017

If you move out, you could sue her in small claims court if she won't return the deposit.

1 Answer | Asked in Contracts, Criminal Law, Civil Litigation and Landlord - Tenant for Ohio on
Q: Can my landlord evict me to move his family members in? My year lease is up, my rent is caught up and I'm month to month

He approached me about his son possibly losing his home and that he was giving me the heads up that since his son is a partial owner, I may.be evicted so that said son and his family.can move in. My rent is caught up and I am now month to month. My year's lease ended this month

Joseph Jaap
Joseph Jaap
answered on Dec 28, 2017

Either landlord or tenant can terminate a month to month lease at the end of any month by giving at least 30 days' written notice to the other. If landlord gives notice of termination on or before Dec. 31, then the lease would terminate on Jan. 31, and if you didn't vacate by that date,... View More

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Ohio on
Q: Can my ex boyfriend take me to court for my car?

We broke up in March and have been fine until last weekend. He said he has rights to my car and is trying to take it from me. He’s said he’s filing paperwork to try to take the car from me. I’ve never missed a payment and he’s never had to pay it. My name is on the title and registration.... View More

Joseph Jaap
Joseph Jaap
answered on Dec 12, 2017

He is trying to bully you. Ignore him. If his name is not on the title, he has no rights to it. If he takes it, call the police and report it stolen by him. If he signed the loan, his obligation is to pay the loan, but that does not give him any rights in the car if his name is not on the... View More

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Ohio on
Q: I was punched in the face by my roommate a few months back. He initially agreed to pay but now refuses.

He agreed to pay my 5,000 dollar hospital fee in texts.

Joseph Jaap
Joseph Jaap
answered on Dec 11, 2017

Tell him you will report it as an assault to the police, then sue him in small claims court.

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