Ohio Consumer Law Questions & Answers

Q: What can be done about a telemarketer that called at 5:45 AM on a Sunday morning and then hung up when answered?

1 Answer | Asked in Consumer Law and Collections for Ohio on
Answered on Oct 15, 2018
Timur Akpinar's answer
You could consult with a collections attorney in your state as to your remedies. If you repost your question in the Collections section of this website, an attorney who works in that area would have a better chance of picking it up.

Tim Akpinar

Q: Can I get my deposit and first month rent back if I never moved in due to pest issues, repairs needed and still dirty?

1 Answer | Asked in Consumer Law, Small Claims, Contracts and Landlord - Tenant for Ohio on
Answered on Aug 20, 2018
Joseph Jaap's answer
You can file in small claims court. Check the court web site for the forms and process to follow.

Q: Is there any single law against crimes that casinos are doing for manipulating slot machines on a daily bases?

1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for Ohio on
Answered on Jul 16, 2018
Matthew Williams' answer
It is illegal for the casino to rig games in a way specific to some individual or jackpot, yes. But, the games are rigged the regular old legal way so any long time player is bound to be a loser. Look at the machines. They actually say on them things like "This slot pays out 97% of all wagers," which means it returns 97% of your money over time slowly eating you away until you have nothing.

Q: is it normal to wire transfer downpayment and fees to title company before the closing date?

2 Answers | Asked in Consumer Law and Real Estate Law for Ohio on
Answered on Jul 11, 2018
Joseph Jaap's answer
It is required in Ohio, as the title company has advised you. Check with your bank about the process and the security. The title company will provide wire transfer instructions.

Q: We received a letter from the property manager for 3 day notice to vacate. The bank will not write a letter to the

1 Answer | Asked in Consumer Law and Real Estate Law for Ohio on
Answered on Jun 28, 2018
Joseph Jaap's answer
If you cannot work it out with the landlord, and if rent has not been paid, then the landlord probably can get the eviction. Contact your local senior services agencies, and local housing assistance agencies for help finding a place. And definitely get a new bank.

Q: can the owner of a property who granted an easement to another for a private driveway use the driveway (more information

2 Answers | Asked in Consumer Law and Land Use & Zoning for Ohio on
Answered on Jun 19, 2018
Joseph Jaap's answer
It depends on the wording of the easement that was signed by grantor and recorded in the county records. But typically, the easement is non-exclusive, and the grantor can continue to use the easement area along with the grantee. So if grantee installs a driveway in the easement area, grantor can use it, unless the easement says otherwise. Use the Find a Lawyer tab to retain a local real estate attorney to review the easement and advise you.

Q: My deceased wife cosigned my name to her daughter's student loan without my knowledge.

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Answered on Apr 16, 2018
Joseph Jaap's answer
If you did not sign, you are not responsible. But you might have to go to court to try to prove your signature was fraudulently made on the loan documents.

Q: The city I live in replaced all the main sewer lines this past summer about 8 months ago. Since then, three houses in a

1 Answer | Asked in Construction Law, Consumer Law, Land Use & Zoning and Real Estate Law for Ohio on
Answered on Apr 3, 2018
Joseph Jaap's answer
The neighbors should band together and hire an engineer to inspect and determine a cause for the problem, then the neighbors can retain an attorney to review the situation, talk with the city, and try to find a resolution.

Q: In which court would I file a successor liability suit for a lifetime basement waterproofing warranty that came from

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Small Claims for Ohio on
Answered on Mar 30, 2018
Joseph Jaap's answer
Small claims court for a claim up to $6000, or municipal court up to $15,000. Over that - Common Pleas Court.

Q: Can I amend a motion in Ohio

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Answered on Mar 8, 2018
Matthew Williams' answer
You can file an amended motion. Although, for typos and the like it isn't really necessary. You generally file a motion for leave to amend with the amended motion attached.

Q: I am a beneficiary of my father's estate. My 3 siblings agreed to sell me his home at an agreed amount that is equally

1 Answer | Asked in Consumer Law, Criminal Law, Family Law, Real Estate Law and Probate for Ohio on
Answered on Mar 6, 2018
Joseph Jaap's answer
If the home has been conveyed to you from the estate, and you are now the owner, then you can evict your sister. If there is no lease, then she is a month to month tenant, which can be terminated by either landlord or tenant at the end of any month by giving 30 days written notice. Notice given now would terminate the lease on April 30. So give her written notice, and if she is not vacated on May 1, then you can give her a 3 day notice to leave, and if not out, then you can file an eviction...

Q: Can I add the creditor (who bought my debt) to my Bankruptcy Chapter 7 if they've filed a lawsuit against me?

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Ohio on
Answered on Feb 24, 2018
Stuart Nachbar's answer
Yes you can add them, and I would list both the original creditor and the person that purchased the debt

Q: Think Finance is currently being sued by the CFPB for violations of Ohio usury laws. Should I file my own?

1 Answer | Asked in Consumer Law for Ohio on
Answered on Feb 20, 2018
Matthew Williams' answer
Did you take out a loan with outrageous and possibly unlawful terms?

Q: can I be reimbursed?

1 Answer | Asked in Consumer Law for Ohio on
Answered on Dec 29, 2017
Peter N. Munsing's answer
Look at the label. Does it say fibreglass? Are you sure it's what it is? Did you save samples from the dryer?

Bottom line is that it shouldn't be fiibreglass--and the label is inaccurate if it says otherwise so you have a consumer grievance .

Second, to determine if it is the matress, if you haven't already why not get a zippable total coverage anti-dust mite matress case and box spring case. Then after a couple of weeks if the insides have what you think is fibreglass you have...

Q: Can my ex boyfriend take me to court for my car?

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Ohio on
Answered on Dec 12, 2017
Joseph Jaap's answer
He is trying to bully you. Ignore him. If his name is not on the title, he has no rights to it. If he takes it, call the police and report it stolen by him. If he signed the loan, his obligation is to pay the loan, but that does not give him any rights in the car if his name is not on the title. If he makes threats, report it to the police.

Q: Could my cosigner take my car?

2 Answers | Asked in Civil Litigation, Civil Rights and Consumer Law for Ohio on
Answered on Dec 11, 2017
Joseph Jaap's answer
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 theft, and he could be arrested. As co-signer, he ahs not claim to the car. His legal obligation is to pay the lender if you fail to pay, and the lender can sue him. The lender also could take back...

Q: How to sue storage facility

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Answered on Dec 7, 2017
Matthew Williams' answer
File a complaint in court with instructions for service on the storage company.

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

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Ohio on
Answered on Dec 4, 2017
Bruce Martin Broyles' answer
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 statutory maximum, and they cannot compound the interest.

You could defend yourself and assert that you did not sign any agreement agreeing to these interest charges

Q: Is it legal to make someone else pay a relative's bill

1 Answer | Asked in Consumer Law for Ohio on
Answered on Dec 4, 2017
Matthew Williams' answer
More facts are necessary to answer this question. Who is doing the making? How are you being "made" to pay the bill? Did you agree to pay the bill? Are you the legal guardian of the relative? Did you do something which caused the bill to be abnormally high, which you had no right to do?

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