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Ohio Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation, Civil Rights and Consumer Law for Ohio on
Q: Could my cosigner take my car?

He's my ex. I have never missed a payment. His reasoning is that he doesn't wanna deal with me anymore. His name isn't on my title or registration. He said he has rights to my car and is going to have it towed to his house. We broke up in March and have been completely fine up until last night.

Joseph Jaap
Joseph Jaap
answered on Dec 11, 2017

Ex what? Ex boyfriend? If the car is not subject to a division of property in a divorce, and if only your name is on the vehicle title, and his name is not, then he has no rights to your car at all. Tell him if he has it towed, you will sue him for the towing, and report it to the police as car... View More

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Q: If I live in a home my family owns half of, can I be evicted if the other party is trying to force us to sell it?

My parent paid over half the value of this home as s favor to a family friend when her spouse died to keep the previous owner from foreclosure..under the verbal agreement made in front of our attorney she agreed my family would pay off the balance of the house, she would live in it until she... View More

Joseph Jaap
Joseph Jaap
answered on Dec 11, 2017

The owner named on the deed can evict anyone whose name is not on the deed. Use the Find a Lawyer tab to consult a local real estate attorney who can review all the facts of this complicated situation and advise you on your options.

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Ohio on
Q: I'm being sued in civil court over outstanding credit card debit. I'm 76 living on a fixed income. Do I have any option

The debit is for a total of $1726.64 which includes their 4% interest rate. My wife and I live on retirement income and social security income. I have been told our income can not be garnished. Is this True? Should I still appear in court? Should I hire an attorney ?

Bruce Martin Broyles
Bruce Martin Broyles
answered on Dec 4, 2017

Your pension and docial security cannot be garnishdd. However, if the judgment creditor attaches your bank account you will have to prove that the funds came from an exempt source.

Alternatively, if it is a credit card not issued by a National Bank, they cannot charge interedt anove the...
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1 Answer | Asked in Civil Litigation and Criminal Law for Ohio on
Q: Is there any alternative way to try a case in Ohio? For example dualing. Like medieval times dualing.
Matthew Williams
Matthew Williams
answered on Nov 22, 2017

Ah...no, dueling is illegal.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Ohio on
Q: Can i get A 3 day eviction notice for being a stay at home mom?

My children's dad and I are splitting up and he said I could stay here till my place was ready, it's not ready cause there is no running water. I still take care of my 3 children daily and he said he can get a 3 day eviction notice on me! Can he do that

Joseph Jaap
Joseph Jaap
answered on Nov 20, 2017

Don't be intimidated by such threats. Even if he did give a 3 day notice, if you didn't leave in 3 days, then he would still have to file an eviction action, and the court would schedule an eviction hearing for a week or so later, and if it ordered an eviction, typically would give a few... View More

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Ohio on
Q: I have a lease but it was never signed not taken by the realty company. They issued a three day notice but didn't file

They then issued a thirty day and then filed before the thirty day was up saying the original 3 day from before was still valid. Is this correct? And do I have any grounds considering no one in the house signed the lease

Joseph Jaap
Joseph Jaap
answered on Nov 8, 2017

Without a valid written lease, you are on a month-to-month lease which can be terminated by either party at the end of any month by giving 30 days advance notice. If tenant is not out by the 1st, then landlord gives a 3 day notice, and if tenant is not out in 3 days, landlord can file an eviction... View More

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Ohio on
Q: After a 30 day notice to terminate lease expires is a new notice required

The notice was given due to a breach in the rules although I don't believe it was a serious breach I don't know that I'm able to challenge it though I have not found a new apartment and they're telling me I have to move now

Bruce Martin Broyles
Bruce Martin Broyles
answered on Oct 31, 2017

They do not have to issue a new thirty day notice but if you have stayed beyond the end of the 30 day period they will have to issue a three day notice to begin the eviction process. If they accept rent after the 3 day notice it invalidates the 3 day notice.

1 Answer | Asked in Civil Litigation, Collections, Municipal Law and Small Claims for Ohio on
Q: i received a civil summons in the mail monday then ttoday i got another one exactly the same as the first.

this civil summons is for a debt 7 years ago that they are trying to revivor judgement. i didnt receive papers from the first time. this is the first time ive heard of this debt. its from a perious marriage and i dont know what it is even for. how should i respond to this summons.

Bruce Martin Broyles
Bruce Martin Broyles
answered on Oct 10, 2017

You should consult an attorney. You should definitely not ignore. You may want to consult your divorce attorney. Your divorce decree may discuss who is responsible for the debt. The divorce decree will have no impact or effect upon the Plaintiff/ creditor, but if your wife was to be responsible... View More

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Ohio on
Q: Can a roommate who is also on the lease make you live in their filth.never cleans up after themselves.

I also offered to take them off the lease the said she had no where to go

Joseph Jaap
Joseph Jaap
answered on Oct 4, 2017

There really isn't a legal solution to your problem. You could contact the landlord. But if the place is dirty, landlord could evict both of you. But then you could move elsewhere without the roommate. Or you could ask landlord to let you out of the lease. Or you could just move out, but... View More

1 Answer | Asked in Civil Litigation, Municipal Law and Small Claims for Ohio on
Q: Can I sue in small claims then sue in municipal Court if damages exceed $6000.00
Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 28, 2017

No. This is example of claim splitting, and is not allowed.

2 Answers | Asked in Civil Litigation, Municipal Law and Real Estate Law for Ohio on
Q: Should I sure in small claims or municipal court

My neighbor decided to drill holes in my trees root system and inject round up poisoning my tree slowly dying off did same to other neighbors same problem we have police reports and neighbor caught him in act how should we proceed

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 27, 2017

Destroying ornamental trees can result in treble damages. Depending on how large your tree is, the cost to replace the tree could be quite expensive. IN Ohio small claims monetary jurisdiction is $6,000.00.

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1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and Domestic Violence for Ohio on
Q: If a CSPO has been filed against me in Ohio and no charges filed is that it?

Im good with following it and all absolutely no contact with the other party. I want it behind me.

Matthew Williams
Matthew Williams
answered on Sep 11, 2017

Often the civil order is as far as it goes. Police and prosecutors are not involved in the civil process in most cases, and they are the ones who might pursue a criminal charge. If the matter was also reported to the police, charges may be filed.

1 Answer | Asked in Civil Litigation, Domestic Violence, Family Law and Small Claims for Ohio on
Q: Unmarried never lived together. He left a few things here. Has been verbally threatening me over his stuff.

I don't want to see him anymore. He's verbally, emotionally, physically abusive. I don't want to see him anymore. Do I have to give his things back? I just don't want to deal with him and his threats. He sends threats via Facebook. That he'll come down from 50 miles... View More

Joseph Jaap
Joseph Jaap
answered on Sep 5, 2017

Ask him to send you a list of what he wants. Put those things in a box. Take photos of the items that you put in the box. Ship the box to him or put the box outside your place, and tell him they are available for him to pick-up. After that, block him from your Facebook, and if he continues to... View More

1 Answer | Asked in Civil Litigation and Small Claims for Ohio on
Q: when a financial agreement is broken what are the steps for filing in small claims court

The agreement of repayment has been broken three times. I have saved the "promise to pay texts". Do I file downtown Cincinnati or another jurisdiction. What if the person refuses to sign a certified letter? I can I make sure I have the right address of the person I want to sue.

Joseph Jaap
Joseph Jaap
answered on Aug 10, 2017

File in the municipal court in the county in which the contract took place. The court web site provides forms and instructions for filing in small claims court. The limit of a small claim is $6,000. If more than that, then file the claim in municipal court, with a limit of $15,000.

1 Answer | Asked in Civil Litigation, Health Care Law and Libel & Slander for Ohio on
Q: My doctor office dismissed me as a patient for argumentative language. I was just persistent and sought correct info

never abusive but persistent. Now when I seek another doctor and give my previous doctor's name they are telling

negative stories to potential new doctors & offices so I do not get another doctor. They also are making my records available to other non-related doctor offices. Is... View More

Joseph Jaap
Joseph Jaap
answered on Aug 3, 2017

Depending on the reason your medical information was released, it could be a HIPAA violation. Find out what was released and to whom. If not proper, then you would need to consult a local attorney to review all the facts and determine if you have any claims. Use the Find a Lawyer tab.

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Landlord - Tenant for Ohio on
Q: Can we sue an apartment complex for kicking out myself and my family?

My veteran fiancé and I live in a two bedroom with 3 kids youngest being 2 months old. We have maintenance issues that have caused the management to receive fines. We feel this is a retaliation against us because of that. The playground is not safe for my children to play at due to construction... View More

Joseph Jaap
Joseph Jaap
answered on Jul 26, 2017

Did they evict you already? If so, then you could have filed a counter claim in that action. If not, then you could claim retaliation. Use the Find a Lawyer tab and consult a local litigation attorney who can review your situation and advise you about possible claims against the landlord.

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Ohio on
Q: Roommates on lease stopped paying rent now we have an eviction. How can I fight it? I am the only one that has payed?

roommates stopped paying rent and I have only been able to pay my share. We are all on the lease. What are my next steps for getting eviction off my record. I have documents to show that only I have been paying. I also have documents to show that I have successfully paid rent on time to my prior... View More

Joseph Jaap
Joseph Jaap
answered on Jul 17, 2017

In most leases, all tenants usually are all fully liable for the total rent, not just their own share, and the landlord can sue any one or all of them for the full amount owed, and collect from whichever tenant has money or is easiest to find. It doesn't matter if some tenants quit paying... View More

1 Answer | Asked in Civil Litigation, Municipal Law and Small Claims for Ohio on
Q: How to find a name

I got broken car window from Neighbor mowing his lawn Police filled out a non criminal incident report Neighbor refusing to pay & refused to tell me his or his wifes name how can I obtain his name so I can file in court Police advise civil court filing

Matthew Williams
Matthew Williams
answered on Jul 13, 2017

If he owns the house, you could look up the land transfer records I suppose. But, you don't really need a name just info that will help the police find him, which you have plenty. Lots of police reports are filed without the name of the perpetrator. After all, most people don't know who robbed them.

1 Answer | Asked in Foreclosure and Civil Litigation for Ohio on
Q: I have had a garnishment since 3/20/2015. I have paid $18,641.43 to date. Things were okay until my mother passed away.

She used to help me with bills. I am now two parents behind on my mortgage and do not know where to turn or what to do. Is it possible to have the garnishment stopped or lowered?

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jul 7, 2017

In order to stop the garnishment you may want to consult a bankruptcy attorney about having the debt discharged. On the mortgage you can request assistance from your lender by requesting a loan modification application.

2 Answers | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: Can I sue the seller for not providing the remedies promised?

During the home buying process my home inspector found knob and tube wiring throughout my home and ungrounded outlets. My real estate agent created a request to remedy requesting that electrical be brought up to state codes. The seller provided an invoice from an electrical company showing that... View More

Joseph Jaap
Joseph Jaap
answered on Jul 3, 2017

You can sue the seller for fraud. Use the Find a Lawyer tab and consult a local real estate attorney who handles litigation.

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