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Ohio Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Real Estate Law for Ohio on
Q: I got a new apartment on the 1st of May . On the 8th it caught fire and I lost everything . I did not have a lease or de

Do I have the right to get part of my rent back since I was only there a week

Joseph Jaap
Joseph Jaap answered on May 28, 2020

You could try asking landlord, but you'd have to sue in small claims court if landlord won't refund it, and without a written lease, that makes it more difficult to succeed. Check with your local court to find out if they are even handling small claims cases yet.

1 Answer | Asked in Civil Litigation for Ohio on
Q: Do i have to pay a utility bill that is in someone elses name?

I live in ohio when i moved i to the apartment i live at 2 years ago my brother put electric in his name my spouse moved in a year ago electric is in my spouses name the bill in my brothers name went to collections and my brother is telling me i have to pay it even though its in his name

Joseph Jaap
Joseph Jaap answered on May 28, 2020

Whoever used the electricity should pay the bill. If the bill in your brother's name goes to collections, it will reduce his credit score.

1 Answer | Asked in Civil Litigation and Real Estate Law for Ohio on
Q: How many times can a judgement lien on my property be revived? How many years before statute of limitations? Thanks

Ohio

Troy J Doucet Esq.
Troy J Doucet Esq. answered on May 26, 2020

Check out http://codes.ohio.gov/orc/2325.18 for general information regarding reviving dormant judgments and how long a creditor is allowed to revive it each time it goes dormant.

2 Answers | Asked in Civil Litigation for Ohio on
Q: Wondering when the courts will be back in activity, June or July was the answer given to me but, any specifications ?

I couldn’t find the “order” online to read specifications. Thanks

Matthew Williams
Matthew Williams answered on May 23, 2020

The courts have never fully closed, and it’s a patchwork of how closed and how long. You’d need to address your question to the specific court. Call them up and ask.

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1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for Ohio on
Q: I bought a car from a private person paid stated down payment and was given a month to pay final payment and a bill of

Sale stated such. 5 days later previous owner borrowed stated vehicle to go to the store but never brought it back and stated that changed there mind that they would just give the down payment back when they get paid. What do I do to get it back? Or can I? I live in Ohio.

Joseph Jaap
Joseph Jaap answered on May 5, 2020

If you still want the car, you will have to sue seller for breach of contract. That process will take several months, and OH court activity is currently suspended because of the virus lockdown. Use the Find a Lawyer tab to retain a local litigation attorney to review the situation and advise you.... Read more »

2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Contracts for Ohio on
Q: how do i get my name off a joint loan with ex husband

my name is on a joint loan with ex husband. how do i get my name off. he's ruining my credit by not paying. divorce decree stated he is solely responsible for repayment.

Joseph Jaap
Joseph Jaap answered on Apr 29, 2020

You can talk to the lender, but lender likely will not agree to take you off. So the loan would have to be refinanced. If ex won't refinance or pay, then file with the court to have ex held in contempt. Talk to your divorce attorney, or use the Find a Lawyer tab to retain a local divorce... Read more »

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1 Answer | Asked in Real Estate Law, Civil Litigation, Environmental and Land Use & Zoning for Ohio on
Q: I live on Chagrin River where they dredge & i believe under mining. It has caused landslides. Who is responsible?

My property is slowly falling in the river. Some say its erosion but it happens everytime they dredge. Usually within days. I lost 20% of land including trees, shrubs and now my patio!

Tim Akpinar
Tim Akpinar answered on Apr 27, 2020

I'm sorry for your ordeal. These could be difficult cases because of the expert testimony involved. Contact environmental/land use attorneys in the area, and find out if nearby waterfront residents are experiencing similar phenomena. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Business Law and Civil Litigation for Ohio on
Q: How to fire a rouge board member completely?

In accordance with our Bylaws, we have fired two board members, we have followed all the procedures as explained in your Constitution. However, these 2 members are being stubborn. They manage to take some of the organization’s fund and they are holding it hostage with them. For the past 9 months,... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 18, 2020

If they have been fired and removed then they are committing criminal trespass and you should call the police report theft and trespass.

On the civil side, if they are refusing to return property, then you can bring a cause of action against them for civil conversion, civil theft, and...
Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: Can a property owner revive a default judgment that a management company won and they were not listed as a plaintiff?

The issues are as follows:

1) property management company won a default judgment against in Jan 09,me while I was incarcerated (from July 2008-Oct 2014)

2)in 2015 the lawyers for the plaintiff revived the judgment

3) the plaintiff on the judgment claims they did not request... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Apr 18, 2020

More importantly, if you were incarcerated at the time the lawsuit was filed, Plaintiff probably did not properly obtain service upon you and the judgment would be void.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Ohio on
Q: I resigned my lease in December last year, I now have barely any hours due to the virus. What are my options?

I just want to move out but my lease says I will owe remainder of the lease? Do I have a leg to stand on here?

Joseph Jaap
Joseph Jaap answered on Apr 12, 2020

You'll have to try to work it out with landlord. If you leave, landlord can sue you for rent and make an adverse entry on your credit report. Court activity is suspended in Ohio, so if you stop paying rent, landlord can also file an eviction, but it won't be resolved until after court... Read more »

1 Answer | Asked in Civil Litigation and Family Law for Ohio on
Q: can you help my daughter get her tax return $$ back from her now ex-boyfriend?

She deposited the money in his bank account in the good faith that it was to be used as part of their down payment for a house. He refuses to return it, claiming he deserves the money. She has two children (one of them his) and works in a fast food restaurant. Is there someone she can contact for... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 9, 2020

Depending on the amount she could bring a small claims action against the boyfriend. She essentially gave him an advance on joint funds to be used for a purchase of a property in which they would be co-owners. The purchase didn't go through, but he kept the money. That's either breach of... Read more »

2 Answers | Asked in Contracts, Civil Litigation and Collections for Ohio on
Q: Ohio sued for debt that isn’t mine. Stated that I was victim of mistaken identity or ID theft. P hasn’t responded to

Discovery requests but they sent paperwork to start an ID Theft investigation. I don’t even know that the debt exists & not comfortable giving them any information or attesting to a theft with no knowledge a theft occurred. I have already stated under oath that the debt is not mine since I... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 9, 2020

There is really no downside to filing a theft report and it can only help your case. There is a debt on your name. You say that it's not yours. If it's not yours there are only two options: 1) The Creditor made a mistake or 2) your identity was stolen. In either case, it's in your... Read more »

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1 Answer | Asked in Family Law and Civil Litigation for Ohio on
Q: My brother hasn’t followed thru w visitation I’m very close w my niece I need to know if I can get his visitation

I’ve been there from the beginning she is 2 I can see her 1 time a week maybe n have been threatened she doesn’t have to let me see her at all. It’s about power and the bitterness about my brother

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 31, 2020

It is very difficult for an aunt or uncle to obtain custody rights. Your brother is probably correct that he does not need to let you see your niece. An attorney would need a lot more information to give a better answer here but it's unlikely that you would be able to obtain your... Read more »

1 Answer | Asked in Small Claims and Civil Litigation for Ohio on
Q: Ex girlfriend is driving a truck in my name. Can I make her pay the loan off so I can transfer out of my name?

My ex girlfriend and I separated in June 2019. The truck she drives is in my name (loan and insurance). She has been making the monthly payments on the loan and insurance, but I want to get everything out of my name to protect myself since we are not together. Her previous car was also in my... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 31, 2020

If yours is the only name on the title to the truck, then you are the owner, and you can go get it back. Then you can sell it to pay it off.

1 Answer | Asked in Car Accidents, Civil Litigation, Health Care Law and Collections for Ohio on
Q: long story short I was an accident when to the hospital. had bills that had to wait to get paid until I received

help please now im on hold with the hospital im trying to get receipts and a call log with the notes that were made on my account i don't know what else to do. why would they serve me AFTER i paid them?

ong story short I was an accident when to the hospital. had bills that had to wait... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Mar 13, 2020

You probably have more than 3 days to answer. you have 28 days from date you were served with summons to provide answer to hospital's attorney and then must file answer with Court within 3 days of responding to attorney.

The hospital most likely referred the matter to collection...
Read more »

1 Answer | Asked in Business Formation, Civil Litigation, Copyright and Intellectual Property for Ohio on
Q: Do I need to pay to research a copyright where one is claimed but cannot be found in US Copyright Offices online search?

This is regarding a litigation I would like to bring to light in Ohio. Its very specifically plagiarism and the plagiarist has even used my penname. There are many specific parts of this that make it very difficult, one being I was a minor aged 13 when I wrote it and the law says I have no right to... Read more »

Carl G Hawkins
Carl G Hawkins answered on Feb 27, 2020

It’s technically infringement because copyright protection begins when you put pen to paper. However, you must prove that you created the work in the first place. That might be tough to do in your predicament. Always a good idea to register your works with the copyright office, and always use an... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Ohio on
Q: My ex fiancee will not give me my things including gifts, can I sue her? Who pays the cost?

My now ex fiancee and I have broken up. I have moved out per her request. I have been given many of my things back, but she has taken every gift her and her family has ever given me. She also has many of the items I brought into the house when I moved in, including items that belong to my children.... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 20, 2020

You can claim attorney fees when you sue her, but the judge is unlikely to make her pay those if you win. Unless there is a specific statute that specifies attorney fees, then each party usually pays their own attorney fees -- unless the judge uses discretion to make one party pay the other's... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: I want to build a house on my parents property but acses to it I'm using a right of way and neighbors is stopping that

Can he do this

Joseph Jaap
Joseph Jaap answered on Feb 18, 2020

The neighbor might be able to stop you, depending on all the facts. Use the Find a Lawyer tab to retain a local attorney to review the situation and advise you of your options. Even if you work it out with the neighbor, you should have an attorney prepare an easement or other written document for... Read more »

1 Answer | Asked in Family Law and Civil Litigation for Ohio on
Q: My fiancee and I have split up and she is taking back every gift I was ever given, can she do this?

My fiancee and I split up due to a stupid choice on my part. She has taken back everything that was given to me as a gift during our relationship. We also have a truck that is in both of our names. I make the payments, but she wants it back.

Joseph Jaap
Joseph Jaap answered on Feb 18, 2020

Unless a gift is conditioned on something, like getting married, then it belongs to the recipient. If the giver takes it back, the recipient can sue. With the truck, since both your names are on the title as owners, both of you have the legal right to drive it, but both of you are required to... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Ohio on
Q: Can my name be taken of our lease without my consent?

My family are currently sharing a house with another family since June of 2019. Right after the first of the year for some reason they decided they did not want us living with them anymore. First they said they were moving out then a few days later one of them came in and told us that they told... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 5, 2020

If you signed a valid written lease, and it still is in effect, it cannot be changed without your consent. They are attempting an improper eviction. Use the Find a Lawyer tab to retain a local attorney to review the circumstances and advise the landlord and others that you will take legal action.... Read more »

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