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Ohio Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Ohio on
Q: What can i do if the court has made a judgement against me with false information

I appeared in the Kettering Municipal Court this past tuesday Oct 27th. for an eviction hearing against me. The judge would not listen to anything i had to say and enforced the eviction. i was given until Noveber 3rd to vacate. yesterday when i was filing out applications for a new apartment i... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 29, 2020

A landlord can terminate any month to month tenant by giving 30 days notice. If the landlord gave you that notice, then the eviction could have been proper. You must retain a lawyer to check. But even if you could get this eviction changed, the landlord could immediately give you the notice and... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: I live in ohio, I rent. Can evict my ex who is not on the lease myself?

He refuses to leave and is NOT on the lease. Can I evict him myself? The clerk of courts told me I can print off a 30 day eviction and serve him . id rather not get my landlord invovled

Joseph Jaap
Joseph Jaap answered on Oct 20, 2020

Some courts allow a tenant to evict an occupant, other courts require the landlord to evict. Check with your local court or use the Find a Lawyer tab to retain a local attorney to advise you. Court personnel might not answer questions or give correct answers.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Ohio on
Q: My landlord got into an agurement with my boyfriend who isn't on the lease but she knew he was staying here. And now she

she says she doesn't want him here and that she'll give me a great recommendation. Is that legal? I've just signed a one-year lease with her.

Joseph Jaap
Joseph Jaap answered on Oct 19, 2020

It depends on what your lease says about having other occupants stay in your premises. If she tries to evict you, then use the Find a Lawyer tab to retain a local real estate attorney who handles eviction matters to review the situation and advise you. Note that an eviction is a permanent public... Read more »

1 Answer | Asked in Civil Litigation, Real Estate Law, Elder Law and Landlord - Tenant for Ohio on
Q: Any options to break a lease who can no longer stay independent due to falls, hospitalizations, etc?

After renewing her lease, my mom fell and was hospitalized and spent 4 months in rehabilitation therapy and is now in assisted living facility. Moved her stuff out and notified property manager of the situation via email and offered to work with them on scheduling and key return while moving her... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 1, 2020

No, that does not give an option to break the lease. Tenant is responsible for the rent for the full term of the lease until its expiration. If rent is not paid, landlord can sue for the rent, minus any rent landlord collects from a new tenant.

1 Answer | Asked in Civil Litigation for Ohio on
Q: i have a small claims court date coming up. but i have the funds can i pay this off before the court date
Joseph Jaap
Joseph Jaap answered on Sep 23, 2020

You can try to work out a settlement with the plaintiff to make payment and get a dismissal. But get it in writing in a settlement agreement signed by plaintiff. Use the Find a Lawyer tab to retain a local attorney.

1 Answer | Asked in Civil Litigation for Ohio on
Q: I live in Ohio and my ex boyfriend moved out the first part of may this year and he came and got 1 load of his stuff now

He wants to get the rest of his stuff and I was wondering what the time limit was on that

Joseph Jaap
Joseph Jaap answered on Sep 17, 2020

There is no time limit. If you don't let him get his things, he could file a police report against you for keeping it, and you could be charged. Or he could sue you. You could claim he abandoned it, and the court would then decide.

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Ohio on
Q: What information does a company like Midland Credit need to collect an unpaid debt that will hold up in court in Ohio?

Will a simple statement (without a list of transactions) work? Or do they need the original agreement and list of transactions? This is for an unpaid credit card debt that was charged off and sold to Midland Credit. (Assume you're trying to fight it without filing bankruptcy please.)

Tonya VanBenschoten
Tonya VanBenschoten answered on Sep 11, 2020

If you filed for bankruptcy after the debt was incurred and you received a discharge, all that they need is your case number.

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1 Answer | Asked in Antitrust, Civil Litigation and Small Claims for Ohio on
Q: My brother in-law and his gf are staying in my house they where supposed to stay for a few weeks and it been two months.

We called the cops and they said that since they have mail coming in we need to give them a 30 day eviction notice. They are not in the lease, they pay nothing no bills, we are struggling on paying our bills because they consume a lot. We help them find a job and they don’t clean. We didn’t... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

As the police said, only a court-ordered eviction can get them out. Some courts allow a tenant to file an eviction to remove unwanted occupants. But other courts require the landlord to file the eviction. Call your local court to find out if you or your landlord must file the eviction, starting... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: A company told me they were covering relocation after I moved they never paid me. The money I used was for IVF I cant

Value my damages. Has there been any lawsuits like this?

Taylor P Waters
Taylor P Waters answered on Aug 30, 2020

Hi there, I'm not sure what you're damages would look like without further information and evaluation. Feel free to use the Find A Lawyer button to discuss your options with a qualified civil attorney who can look at your employment contract.

Many attorneys on here, including...
Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Ohio on
Q: My neighbor filed a restraining order on my brother in law stating he spit on him. This never happened. Need atty?
Taylor P Waters
Taylor P Waters answered on Aug 25, 2020

Your brother should have an attorney review the situation and represent him if necessary.

2 Answers | Asked in Arbitration / Mediation Law and Civil Litigation for Ohio on
Q: My sons girl friend gave $ to the family to hold so they could get an apt

they were saving up for an apartment together before they broke up this week. she wants to take it all but $200 of the $. but he bought her an iphone for $300-$400 she doesn't want to pay him back for it out of her share. she has threaten to bring the cops so they can make him give her all the... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 20, 2020

The cops are unlikely to do anything. They certainly won't make him pay money. The aren't collection agents. That isn't what cops do. She would have to go to small claims court.

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2 Answers | Asked in Civil Litigation, Divorce, Child Custody and Child Support for Ohio on
Q: I am fighting to remain in my daughters life. Her attorney is asking for documents already given. And my EIN paperwork.

He was given most of the documents already.

He want proof of my EIN.

Taylor P Waters
Taylor P Waters answered on Aug 20, 2020

A talented family law attorney should be able to help you out. Let her attorney know that you already provided the requested documents.

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1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Civil Litigation for Ohio on
Q: I want to add a document to an answer, do I add them to the plaintiffs documents or start my own set of documents?

The plaintiffs documents are false and I do not really want to use them but I don’t want add those to my answer. I haven’t referred to them at all in my answer but I want to add an original will, do I add it to my own as exhibit a or do I add it onto the plaintiffs as exhibit E?

Taylor P Waters
Taylor P Waters answered on Aug 13, 2020

Hi there, your question is a bit too complex to ask over this medium. A good probate attorney should be able to point you in the right direction.

2 Answers | Asked in Civil Litigation and Tax Law for Ohio on
Q: In Ohio. I just received a wage garnishment from the court for back taxes.

In Ohio. I just received a wage garnishment from the court (which I was unaware of since it was back in 2017). Can I still try to make a payment with the creditor or will I have to go to court for my hearing to ask? The creditor was Attorney general. I don't have the money to pay this... Read more »

Matthew Williams
Matthew Williams answered on Aug 11, 2020

If you want to work it out with the Attorney General's representative, you better start discussing it with them. If you wait until court, they will probably just go for the garnishment and get it.

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2 Answers | Asked in Civil Litigation for Ohio on
Q: had a dept with a company and they charged it off and then sold it to another company can that company take you court

original dept 2014, charged off 2017. Not sure when it was sold but started receiving random calls in 2020. What be considered proof of debt? If proof of debt is provided, can they take you to court.

Matthew Williams
Matthew Williams answered on Aug 11, 2020

Ask them for proof of the debt. The FDCPA requires they provide this upon request. Many third party debt collectors don't have it and will give up.

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Ohio on
Q: Harassment by a neighbor

I'm actually contacting you for my elderly Aunt. She has a neighbor that lives across the street who is a bad drunk/drug user who is always yelling and harassing her. She has called the police several times, but they have done nothing. I understand she might have to sue in civil court. Is... Read more »

Taylor P Waters
Taylor P Waters answered on Aug 10, 2020

Hi there, this is an attorney question-answer service. An attorney would need to know more about your aunt's situation and what the neighbor is doing. Please feel free to give a call to one of the attorneys listed here.

2 Answers | Asked in Civil Litigation for Ohio on
Q: I have a 27 year old who won't move out. He has warrants and pays no rent.

This is in Youngstown Ohio

Taylor P Waters
Taylor P Waters answered on Aug 10, 2020

You can go the typical route of eviction. File with your local municipal court.

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1 Answer | Asked in Civil Litigation and Products Liability for Ohio on
Q: If I have liability insurance in Ohio does it cover the other drivers vehicle if they are found at fault?

The other driver was found at fault by his insurance company, his insurance company paid for the damages to my car, but now he is trying to sue me because my insurance company refused to pay for his damages due to it being his fault

Matthew S Flemming
Matthew S Flemming answered on Aug 7, 2020

Notify your insurer about the suit so that it will defend you. If he was at fault, you are not responsible for causing his damages, he was.

2 Answers | Asked in Animal / Dog Law and Civil Litigation for Ohio on
Q: If a dog is advertised for giveaway and you get the dog can they take you to court for it back?

Drove 180 after talking with her about getting the dog she advertised for free then couple days later she demanding it back and gave me everything of the dog papers, toys, pool, leashes food. Trying to take me to court because she now wants it back. How is this legal to try taking dog back after... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 31, 2020

Anybody can sue anyone for anything, including return of an animal, which is considered personal property. But to win in court, she would have to prove some breach of contract by you. If she files a lawsuit, you can go to the court hearing and explain your case. Or use the Find a Lawyer tab to... Read more »

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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: I have leased a home for 9 years, the lease expired after a year and never signed another lease. Can I be sued damages?

There have been no upgrades, maintenance etc over the nine years I have done all upkeep myself. The home will need new carpet, drywall repairs and paint.

Joseph Jaap
Joseph Jaap answered on Jul 30, 2020

Unless the original signed lease specified otherwise, then when it expired, you became a month to month tenant, and either tenant or landlord can terminate that occupancy at the end of any month by giving 30 days written notice. Tenant is responsible to pay for any damages to the premises beyond... Read more »

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