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Ohio Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Real Estate Law for Ohio on
Q: We received a letter from the property manager for 3 day notice to vacate. The bank will not write a letter to the

Property manager for fraudulent activity. We have tried every resource possible to find help with the rent and have yet to get any help. My husband and I are both on Social Security disability and we don't know what to do

Joseph Jaap
Joseph Jaap answered on Jun 28, 2018

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.

2 Answers | Asked in Consumer Law and Land Use & Zoning for Ohio on
Q: can the owner of a property who granted an easement to another for a private driveway use the driveway (more information

even though the grantor did not pay for driveway installation

Joseph Jaap
Joseph Jaap answered on Jun 19, 2018

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... Read more »

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1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: My deceased wife cosigned my name to her daughter's student loan without my knowledge.

The daughter did not pay so I started paying the loan because I did not wish to hurt the family any more than they were from losing they're mother. I have been paying this for 5 years now. Am i responsible for this loan? Or can I get out of it?

Joseph Jaap
Joseph Jaap answered on Apr 16, 2018

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.

1 Answer | Asked in Construction Law, Consumer Law, Land Use & Zoning and Real Estate Law for Ohio on
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

The city I live in replaced all the main sewer lines this past summer about 8 months ago. Since then, three houses in a row, including mine, have experienced ruptured pipes on our properties. Other homeowners on the street and other streets have experienced the same thing.

Two homeowners... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 3, 2018

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.

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Small Claims for Ohio on
Q: In which court would I file a successor liability suit for a lifetime basement waterproofing warranty that came from

In which court would I file a successor liability suit for a lifetime basement waterproofing warranty that came from a company that is now defunct. The former owner now owns a new, unrelated company that works to fix bowing foundation walls. He used to own a waterproofing business. Thanks!

Joseph Jaap
Joseph Jaap answered on Mar 30, 2018

Small claims court for a claim up to $6000, or municipal court up to $15,000. Over that - Common Pleas Court.

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: Can I amend a motion in Ohio

I filed a motion to have my case moved out of the courts and into arbitration as the contract dispute that I'm involved in says that any disputes must be resolved in arbitration. I noticed after reading over my motion that I made some minor errors mostly clerical errors. Can I just file an amended... Read more »

Matthew Williams
Matthew Williams answered on Mar 8, 2018

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.

1 Answer | Asked in Consumer Law, Criminal Law, Family Law, Real Estate Law and Probate for Ohio on
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

Divided. My share is applied to the house, the remainder is split 3 ways. I have closed on the home loan and the title has been issued in my name. One of my siblings lives in the house with her husband, adult child, 3 grandkids and 4 cats. They are refusing to leave or look for any type of housing... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 6, 2018

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... Read more »

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Ohio on
Q: Can I add the creditor (who bought my debt) to my Bankruptcy Chapter 7 if they've filed a lawsuit against me?

I plan to file Bankruptcy Chapter 7 soon. A company has filed the lawsuit against me and is not the original creditor. They bought the debt from the original creditor. Can I still add this to my bankruptcy? and if so, who do I list (the original or the purchaser or both)?

Stuart Nachbar
Stuart Nachbar answered on Feb 24, 2018

Yes you can add them, and I would list both the original creditor and the person that purchased the debt

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1 Answer | Asked in Consumer Law for Ohio on
Q: Think Finance is currently being sued by the CFPB for violations of Ohio usury laws. Should I file my own?
Matthew Williams
Matthew Williams answered on Feb 20, 2018

Did you take out a loan with outrageous and possibly unlawful terms?

1 Answer | Asked in Consumer Law and Criminal Law for Ohio on
Q: What happens if I'm in another store, and my friend gets caught stealing and goes back to my car?

Me and my friend were supposed to be Christmas shopping . We had separate places to shop so I went in one store and she went in another. She decides to steal (I had no idea) and she goes out to my car and get caught. The police come and tow my car. As I come out they're pulling off with my car .... Read more »

Matthew Williams
Matthew Williams answered on Jan 3, 2018

You get a lawyer.

1 Answer | Asked in Consumer Law for Ohio on
Q: can I be reimbursed?

I bought a memory foam mattress about a year ago and now have fiberglass everywhere! All my clothes, sheets, towels, blankets and pillows are covered. Also my daughter just got diagnosed with asthma. Everything I have read is that I need to just throw everything away. I can not afford to do that.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 29, 2017

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...
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1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Ohio on
Q: Can my ex boyfriend take me to court for my car?

We broke up in March and have been fine until last weekend. He said he has rights to my car and is trying to take it from me. He’s said he’s filing paperwork to try to take the car from me. I’ve never missed a payment and he’s never had to pay it. My name is on the title and registration.... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 12, 2017

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... Read more »

2 Answers | Asked in Civil Litigation, Civil Rights and Consumer Law for Ohio on
Q: Could my cosigner take my car?

He's my ex. I have never missed a payment. His reasoning is that he doesn't wanna deal with me anymore. His name isn't on my title or registration. He said he has rights to my car and is going to have it towed to his house. We broke up in March and have been completely fine up until last night.

Joseph Jaap
Joseph Jaap answered on Dec 11, 2017

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... Read more »

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1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: How to sue storage facility
Matthew Williams
Matthew Williams answered on Dec 7, 2017

File a complaint in court with instructions for service on the storage company.

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Ohio on
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

The debit is for a total of $1726.64 which includes their 4% interest rate. My wife and I live on retirement income and social security income. I have been told our income can not be garnished. Is this True? Should I still appear in court? Should I hire an attorney ?

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 4, 2017

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...
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1 Answer | Asked in Consumer Law for Ohio on
Q: Is it legal to make someone else pay a relative's bill
Matthew Williams
Matthew Williams answered on Dec 4, 2017

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?

1 Answer | Asked in Contracts and Consumer Law for Ohio on
Q: I want to cancel my purchase agreement for a mobile home, in the mobile home park i rent from.

I rent here in the park and have signed a purchase agreement to buy another home in the park, but have changed my mind, and don't want to buy this now. I haven't given any earnest money, nor was required to do so. We haven't done the closing yet and the purchase agreement doesn't say anything... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 4, 2017

An attorney would have to review the contract, the facts of the situation, and advise you. If you don't have a valid reason for refusing to complete the purchase, the seller could sue you. Use the Find a Lawyer tab to consult a local attorney.

1 Answer | Asked in Small Claims, Collections and Consumer Law for Ohio on
Q: Hello i owe on a credit card and now they are suing me for the balance the paper states i need to reapond? How?
Matthew Williams
Matthew Williams answered on Dec 1, 2017

You respond by filing a document with the court. The most common is simply known as an answer, which is a document in which you respond point by point to the allegations in the complaint. There are also several motions which may be filed as a response before, with, or after the answer. As with any... Read more »

1 Answer | Asked in Family Law and Consumer Law for Ohio on
Q: Can my mom take my car that I pay for every month and pay ins on just because it's in her name and we got in an argument

She put the car in her name for me as a favor after they found out my credit was bad. I moved out and brought the car with me because its my car and I make the payments for it and the car ins plus I pay for any maintenance problems. It had no down payment when I bought it so I don't owe her for... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 27, 2017

If the vehicle is titled in her name, then the car legally belongs to her. In theory you could sue her for breach of a verbal contract, but the court might not agree. If you can't work it out with her, then you could stop making all the payments, and if you both can't work it out, then you might... Read more »

1 Answer | Asked in Consumer Law and Child Custody for Ohio on
Q: So the ? Is dad left grand daughter with his parents and they won’t let brothers or mother see her. Can my daughter

Go get her daughter. No court order for them to keep her. They filed for temporary custody.

Joseph Jaap
Joseph Jaap answered on Nov 20, 2017

She can try to go get her, and call the police if the grandparents refuse, but the police might not intervene, so she will have to go to the custody hearing. She should use the Find a Lawyer tab to retain a local family law attorney to help her.

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