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Ohio Civil Litigation Questions & Answers
3 Answers | Asked in Civil Litigation and Collections for Ohio on
Q: I received a voicemail saying I was being sued and to call a number. They claim it's a CC. Statute ran out years ago.

I called them and they said it was $1500, but would be $5000 when it goes to court. Checked the courts and nothing was filed. Can they lie to me and threaten to sue me over a credit card that the statute of limitations ran out on years ago? Told them I don't even remember having the card, but... View More

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2023

That's probably a scam. Use the Find a Lawyer tab to retain a local attorney and tell them to talk to the attorney.

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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Ohio on
Q: Do I have a legal defense by declaring the court order I violated was obtained illegally when I have proof of the fact?

I have been charged with violating a court order, but I have proof that it was obtained illegally by falsifying evidence

John Michael Frick
John Michael Frick
answered on Sep 8, 2023

Yes, you can secure a declaratory judgment from a court declaring that a court order you violated was issued illegally and that can be a defense to any action seeking to enforce the court order against you.

1 Answer | Asked in Civil Litigation for Ohio on
Q: A shipping company called intercontinental usps is holding my package a hostage after paying fees, what should I do

A shipping company called intercontinental usps is holding my package hostage after paying fees and they are demanding more now even after I paid more. They are declining to give the package back at its original location and not giving my money back I paid and are forcing me to pay $500 more after... View More

Joseph Jaap
Joseph Jaap
answered on Jul 31, 2023

Sounds like a scam. Call the US Postal Inspection Service or report to local police.

1 Answer | Asked in Civil Litigation for Ohio on
Q: Can law enforcement enter your home when you are gone and put in a camera and listening devices. Not just once but twice

they were looking for drug abuse.

John Michael Frick
John Michael Frick
answered on Jun 23, 2023

Yes, with an appropriate warrant or the consent of the homeowner, they may do so.

1 Answer | Asked in Bankruptcy, Contracts, Civil Litigation and Communications Law for Ohio on
Q: How can get my ex off the title of my car?

My ex and I bought a car together. I make all the payments, pay for the insurance and keep up on all maintenance. I am still making payments on the car to this day but I no longer live in the same state as when we purchased. The title is MI and I live in OH. He has since filed for bankruptcy and is... View More

Timothy Denison
Timothy Denison
answered on Jun 16, 2023

File a motion to have him execute the title in your divorce case as he has been relieved of liability for it by virtue of his bankruptcy.

1 Answer | Asked in Criminal Law and Civil Litigation for Ohio on
Q: If someone tried to file a restraining order against me and it was denied, does it go on my record?

I had many issues with my neighbor in the past and have multiple emails with my apartment complex stating that. I called the police multiple times for noise complaints and they never did anything, recently she kicked my door multiple times and had a guy friend with her, i felt threatened so when I... View More

Patrick DiChiro
Patrick DiChiro
answered on Mar 22, 2023

NO. IT WOULD NOT GO ON YOUR RECORD. THIS GOES FOR A RESTRAINING ORDER OR CIVIL PROTECTION ORDER. IT MUST BE GRANTED IN ORDER TO GO ON YOUR RECORD.

GOOD LUCK.

PATRICK DICHIRO

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Federal Crimes for Ohio on
Q: I live in Ohio, I was hired with the understanding I had the card. Hr found out and terminated due to drug policy.

They are a BWC drug free workplace but I was 10-99 and not even an employee. I never took a pre or post drug test. Is this legal?

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2023

Yes. Even if you were an employee, Ohio allows for termination of employees who use medical marijuana.

1 Answer | Asked in Civil Litigation, Family Law, Civil Rights and Federal Crimes for Ohio on
Q: I am 16 and from ohio, my friends sometimes buy me stuff is my step mom allowed to open my mail if its not hers?
Troy J Doucet
Troy J Doucet
answered on Feb 6, 2023

Yes. Whether or not she has any custodial rights over you, your father can certainly open your mail. He can then delegate that right to your step mom, so she can also open it without permission.

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Ohio on
Q: I'm being sued by a creditor I filed an answer with the court myself now I have a pretrial date coming very soon.

I can't afford an attorney and my legal aid consultation appointment is after the pretrial, that's the only date they had available. What defense can I use to stop them from garnishing my paycheck? I feel as though this company lied to the court in their filing they claim that they have a... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 23, 2022

Nobody can help you without reading the pleadings and examining the file. Maybe you can buy 30 minutes of an attorney's time before the pre-trial.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Ohio on
Q: My daughters name was found to be on a students hit list.

Her name was on a students hit list. The school has a zero tolerance policy and only suspended the student for 10 days with a potential expulsion based on a closed door expulsion hearing that we are not allowed to go to. What would be our best avenue for how to handle this legally potentially... View More

Joseph Jaap
Joseph Jaap
answered on Nov 17, 2022

Talk to your local county prosecutors office, which might want investigate and will decide whether to pursue a criminal action. Then use the Find a Lawyer tab to retain a local attorney who handles civil litigation cases.

1 Answer | Asked in Banking, Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: Is it against the law to force someone to sign the deed to their home over to them?

I applied for mortgage assistance in which I could skip some payments and have them rolled to the end of my mortgage. I was approved and skipped about 11 payments. The lender needed my wife and I to sign papers to make it official. My inlaws told my wife to not sign those papers. Despite my... View More

Joseph Jaap
Joseph Jaap
answered on Sep 13, 2022

The in-laws aren't forcing you to sign, they are offering a choice - you can either sign (and then rent from them or move elsewhere), or allow the foreclosure to proceed and you would be evicted by the new owner or you could try to rent from the new owner. Or the in-laws could purchase it at... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Domestic Violence for Ohio on
Q: I am looking for a lawyer who will prosecute up to 3 union county deputies.

I apologize if this goes to Akron its fighting me to send this to Marysville.

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jul 24, 2022

Call the UnionCounty prosecutors office.

1 Answer | Asked in Civil Litigation for Ohio on
Q: My girlfriend of 10yrs kicked me out of the house she got swhile we were together. What do i do about getting my things

I have attempted to sit down with her and a mediator , her daughter who doesn't care for me too much, and discuss who gets what but she starts yelling acting like a child. AnywYs mist of the stuff in the house , I have bought but I'm not trying to empty her house . I don't have room... View More

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 30, 2022

Parties can file for a right of replevin at the municipal court in the county where the property is located under Ohio Revised Code Chapter 2737 re Replevin. Any party to an action involving a claim for the recovery of specific personal property, upon or at any time after commencement of the... View More

1 Answer | Asked in Civil Litigation for Ohio on
Q: two cases that are related to one another and one was dismissed and currently being appealed, what happens to the other
Matthew Williams
Matthew Williams
answered on Jun 9, 2022

You really don’t give enough information here to answer your question. It’s quite possible nothing happens to the other case. In what way are they related?

1 Answer | Asked in Civil Litigation for Ohio on
Q: Is my husband allowed to sell a car that’s in his name but I helped pay for from under me
Joseph Jaap
Joseph Jaap
answered on Jun 3, 2022

If his name was the only one on the vehicle title, then his signature alone was sufficient to legally sell the vehicle. It does not matter whose money paid for it. The signature of a spouse is not required if that spouse's name is not also listed on the title. Dividing up the money from the... View More

1 Answer | Asked in Civil Litigation for Ohio on
Q: My boyfriend walked out of our 6 yr relationship and moved out of my house. I own it. This was over 3 months ago.

He never left my property. He is staying in a camper in my yard. We have no agreement of any kind yet he refuses to leave. I live in Ohio and need him gone. This is causing me terrible stress and raising my blood pressure. Do I have to evict him although there is no lease agreement?

Bruce Martin Broyles
Bruce Martin Broyles
answered on May 18, 2022

Yes, you should evict him. He does not have a oral lease for a period of term. He is a person with no interest in the property and he can be served a three day notice and a complaint for forcible entry and detainer should be filed against him. If you call the police they will typically say it is... View More

1 Answer | Asked in Civil Litigation and Divorce for Ohio on
Q: My ex-wife and I still own a house together. She is refusing to pay any amount of the mortgage. What can I do

We bought the house, in North Carolina, shortly after getting married. Our jobs moved us out of state and we rented the house out on a 5 year lease with option to buy. The renters didn't buy, but still living there without paying rent (another legal issue in progress), and my now ex-wife is... View More

Joseph Jaap
Joseph Jaap
answered on May 13, 2022

Your divorce decree should have specified what was to happen to that house, who was to pay mortgage, expenses, etc. If ex is not complying with the decree, then you can file with the court that issued your divorce decree and ask the judge to order her to comply and to hold her in contempt if she... View More

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Libel & Slander for Ohio on
Q: What can I do if I am on the receiving end of a threatening text message from an ex-coworker in Ohio?

An ex-coworker sent me a text message stating people will be going after me after he talks to them and they will beat me, this is after he caused me issues at work by lying to HR and almost getting me fired.

Matthew Williams
Matthew Williams
answered on Mar 25, 2022

You can do one or both of the following: report the matter to the police, and/or seek a civil protection order.

1 Answer | Asked in Copyright and Civil Litigation for Ohio on
Q: Can someone sue someone for civil if they don't live in that state?

Suing me in California and i lived in Ohio all my life

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 18, 2022

If you have minimum contacts with that state, then personal jurisdiction over you will exist under California’s long arm statute. If not then you should fight jurisdiction.

1 Answer | Asked in Civil Litigation and Small Claims for Ohio on
Q: If an ex boyfriends mom gave me a phone and added me to her phone plan, then suspends my phone and threatens me with the

Police is that legal? She gifted it to me and now I’m being told that if I don’t return it she will get the police involved and use my phone records.

Anthony C. Satariano
Anthony C. Satariano
answered on Jan 18, 2022

This question depends on the nature of the transfer. If she truly gifted it to you, there is an argument it is yours. If she merely intended for you to use it, then it may still be hers. But, as the owner of the plan she likely has an undisputed ability to suspend phones she pays for.

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