Get free answers to your Civil Litigation legal questions from lawyers in your area.
I sold my house after replacing a water line that later failed. Buyers had to repair the water line and threatened to sue me if I did not pay for it. I did and have a check for $1800. My realtor told me to write on my check "Cashing of this check settles any and all claims regarding sale of... View More 
answered on Jun 13, 2017
That is called "accord and satisfaction." And it can work. If it was payment in full for the water line, then buyers might not have any other related claim to make against you. Or it might not work if it is not payment in full, and the buyer sues you for the remainder. The best way,... View More
answered on Jun 12, 2017
This is probably not an appropriate question for this forum, but you could look for similar cases, see who handled them and review the results. You will only know of the verdicts, not the amounts received in settlement. "Potentially very lucrative" gives the impression that controlling... View More
I am the residential parent and I am the one who is going to be sending him to school and I am the one who takes him to the dr. My ex hasn't seen my son in a while and her mom and ex-step dad have been keeping him on her turns to have him. Now she doesn't want them around them and I am... View More
answered on May 25, 2017
You can file a motion with the court asking to change the parenting agreement. The court will consider all the circumstances, and decide if a change is in the best interest of the child. Talk to your divorce attorney or use the Find a Lawyer tab to consult an attorney about the situation.
Can an ohio plaintiff file in an ohio municipal court to demand a florida-domiciled person to come to ohio to address the plaintiff suit for $4k+ claiming damage to property? If she was duped into coming all the way to ohio under the threat of a default judgment against her, and went to trial,... View More
answered on May 25, 2017
No, appearance in court without contesting personal jurisdiction is consent and there's no "duped" exception.
I moved into a house yesterday, paid 1600.00 and signed a lease on Friday. Friday night I noticed a lot of roaches, I let the landlord know. Last night I put the kids in the bath and my kitchen flooded, I let the landlord know. Now I went to do laundry no hot water works in the washer, and when I... View More
answered on May 15, 2017
You might have difficulty. First, try to negotiate an early termination of the lease. The landlord might want to keep all or part of what you paid, or might refuse to terminate or refund anything. If so, then send the landlord written notice of all the problems, and then pay the June rent on... View More
A complaint was filed against me
I then filed a dismissal
Defendant then states in opposition to refusal that i defendant own pictures that would prove plaintiffs theory
How is it possible for the plaintiff to add these statement when they were not in complaint
Is it viable
answered on May 9, 2017
If the plaintiff's filings were not proper, then the court might disregard them. But it is not possible to answer your question without reviewing all the pleadings filed with the court. So use the Find a Lawyer tab to consult a local litigation attorney to advise you.
I am owed over 100K from a business partner (have note) and a collection agency has unsuccessfully tried to get the money for me. The note is in an LLC's name... not my partner's personally. The collection agency asked for $1600 to secure an attorney but now is telling me months later... View More
answered on May 2, 2017
If you make those contacts, then the LLC and its owners could sue you for slander, interference with business, and probably other claims that an attorney will include. Use the Find a Lawyer tab to consult a local attorney who can advise you on collecting your debt without getting into trouble. If... View More
My mother had pass away this past Sunday ,family members are trying to take advantage, they took her credit cards check books without my permission and someone told me they was trying to write out a check and try to withdraw money from her account witch is illegal. How can I freeze her... View More
answered on Apr 26, 2017
1) Not having a will doesn't mean you don't have to go through probate. Indeed, it likely means you WILL have to go through probate.
2) Simply inform the banks your mother has died, and call the credit card companies with the same information. They will freeze the account... View More
It appears he will have physical limitations. Do I have to let him live with me, legally?
answered on Apr 7, 2017
You are not legally obligated to allow him to live with you. If you want him to leave, then you should follow the proper eviction process.
Smell but we never had a flooding or water back up nor I was aware of any issues w the house we lived there 8 plus years did laundry cooking everything and never had an issue, now buyer is saying she can't do laundry or wash dishes at the sink after living there for 2 plus months cause the... View More
answered on Mar 24, 2017
These sorts of problems arise frequently, with a home buyer experiencing a problem that the seller might never have experienced. The buyer could sue the seller alleging fraud for failing to disclose the problem. Of course, the seller always denies having any knowledge, and sometimes it even is... View More
Ohio; Athens Co.
I left my personals and my dog (Chance, of 11 yrs) for an mutual set period of time (7mo) as part of our agreed, arrangement. I also on my part, agreed on my making a monetary exchange for safe keeping, most important was (paper work, legal doc's, colleagues ppr... View More
answered on Feb 28, 2017
Have you called the police? Have you considered hiring a lawyer to write a demand letter and potentially file a complaint?
My child's phone was on her desk at school another child put their book or folder on top of my child's phone,picked up folder/book causing I phone to fall and damages the phone. She admitted to other students that she caused the damage also.
answered on Feb 9, 2017
This sort of oops I'm sorry I broke your thingamajig case probably has no liability whatsoever in a legal sense. A negligence claim requires certain elements. One of those elements is a duty of care. In general, people are expected to take reasonable care not to damage other people or their... View More
We are offering a payment plan. If he still refuses, we will go out of business. If so, do we have legal recourse.
answered on Jan 12, 2017
It would depend on any contracts between you and the supplier and the payment terms. If you have violated payment terms by not paying on time, then you would be in breach of the contract, and the supplier could then suspend or terminate further deliveries, and would likely not be liable if that... View More
answered on Aug 30, 2016
There's no criminal offense here, if that's what your wondering. I would be more worried about mom and dad than the law.
They are suing my mother but she never was there a day, ever.
Here's the deal, I left florida for ohio in 2012, F.E.M.A. declared the place a disaster after a storm. My mom was in Ohio and signed the lease but never EVER was a tenant (she signed for me because when I arrived in Ohio I... View More
answered on Jul 30, 2016
Don't see why they would't --but maybe you need to get a lawyer to appear for your mom to file a motion for them for failiure to join an indispensable party. Real reason they want mom is they figure they may buffalo her into a settlement and if not she's good for the money and your... View More
My local court wanted to charge me for 3 and I told them it was only 1 Motion, but unsure
answered on Oct 19, 2015
That depends upon their definition of "motion." A motion is really just a formal request for the court to do something. In that sense, the court may think you have three requests, and therefore, three motions. It is also a physical document, which I take it you only had one of. It is even... View More
I received a baseless cease and desist letter. They want to do a settlement agreement (after realizing they had no case) but are unwilling to make me whole in regards to the legal fees and time i spent in defending these baseless accusations. Their attorney is saying that there is no law or... View More
answered on Oct 6, 2015
The legal fees you spent? meaning that you already have an attorney on this? If so, get the attorney to do the research on this specific topic.
State of Ohio - Civil Rules
I am the defendant in a civil suit. I received, via regular US mail, a notice of their motion for a summary judgement. Sates I must respond within 14 days of receipt or judgement will be made. This came from the court.
Question 1 : Since they have no... View More
answered on Dec 16, 2014
Question 1: you need to respond within two weeks of the date of the postmark. Service by regular mail is considered complete when the mail is posted. Otherwise, people would just do what you want to do all the time, which is pretend they didn't get the thing for weeks.
Question 2: You... View More
answered on Dec 13, 2010
Dear Sir/Madam
Judges have a great discretion in the management of their dockets. On that basis, it is difficult to appeal a decision of the Judge to move a trial date. However, if moving the trial date forward or backward resulted in a great detriment to one of the parties and the Judge... View More
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