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Ohio Contracts Questions & Answers
1 Answer | Asked in Contracts for Ohio on
Q: New board of non profit told money was owed on a contract we have no knowledge of. No one can produce contract and the

previous members with limited knowledge are saying the other party is actually at fault and owes us. Are we liable for a contract we didn't sign and do not have a copy of?

Joseph Jaap
Joseph Jaap
answered on Apr 4, 2022

If a creditor claims that the non-profit owes money, then the creditor has to provide proof of that claim, such as a written contract signed by an authorized board member or officer of the non-profit, unless the creditor claims it was an oral contract. If the non-profit refuses to pay, the... View More

1 Answer | Asked in Contracts for Ohio on
Q: What is the proper method to perfect a security interest attached to a ucc-1 filing?
Joseph Jaap
Joseph Jaap
answered on Mar 23, 2022

Where it must be filed, depends on the type of security interest. Use the Find a Lawyer tab to retain a local business attorney who handles UCC filings. If not filed properly, it will not be effective.

1 Answer | Asked in Contracts for Ohio on
Q: I recently sold an apartment building in which several tenants were behind in rent at the closing.

We prorated the collected rents at the closing. The buyer is now claiming I (the seller) have no rights to any portion of the uncollected rents, and he is now actively attempting to collect the entire delinquent rents from the tenants with no intent of remitting me my share. Furthermore he is... View More

Joseph Jaap
Joseph Jaap
answered on Mar 18, 2022

It would depend on how the property was titled -- in your name, or in the name of a company, and if that company was sold or not. Talk to the attorney who represented you in the sale. If there was no attorney, then these problems can be difficult to resolve without getting an attorney now. Use... View More

1 Answer | Asked in Contracts for Ohio on
Q: I am interested in becoming a lawyer - which courses can I take now that would show me what law school is like?

I am interested in becoming a lawyer. I am highly intelligent and can do just about anything I put my mind to. My question is this: which courses can I take now, in college, that will show me what law school is like? I am very good at language and comprehending all things linguistic - that has... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 15, 2022

I recommend calling up the Dean of the law school and telling him your situation and ask if you could sit in on a law school class or 2 to see if you would still be interested in it. Law school classes are not lecture format like college classes are. It requires reading cases and then being... View More

1 Answer | Asked in Contracts, Divorce and Real Estate Law for Ohio on
Q: Is there anything I can do?

In 2015 I purchased a home. My ex(never married) and I, months later, after putting a lot of work into the house, split. Her and her father went behind my back to the loan office and drew up the paperwork to sell her the house for the same price I bought it for. I signed them. I didn't know... View More

Joseph Jaap
Joseph Jaap
answered on Jan 5, 2022

You'll have to have an attorney review all the facts and advise you if you have any possible claims, such as fraud, or whether you might negotiate a resolution. Use the Find a Lawyer tab to retain a local attorney.

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: If I cosigned for a for my aunt under fear and it has been 5 months ago can I report it stolen

I just want to get my name off the car

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2022

Can you provide a little more information?

1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: Wage garnishment over “loan” between family w/ no contract, only told pay when/if you can. Help please

Hi, I have a question regarding money given between family. My grandpa gave me around 3k to help with our back rent. There was no contract or anything signed between us. He just said, “pay it back when/if you can”. Now he passed away recently & his daughter is threatening to garnish my... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Dec 16, 2021

A loan does not entitle a person to garnish your wages. They would have to obtain a judgment against you, and garnish wages based upon the judgment obtained against you.

Even if a judgment is obtained and garnishment is attempted, social security, disability, and retirement benefits are...
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1 Answer | Asked in Contracts for Ohio on
Q: Is it possible to get back a non refundable deposit back from a vendor is there is no communication

I have contacted the vendor many times by emailing and by phone no response. I have to go the company website and complete a inquiry to get in contact with someone and finally got a response sept 25 stating that she would provide me with the update proposal from back in July in a one week or so.... View More

Joseph Jaap
Joseph Jaap
answered on Nov 19, 2021

Do you have a signed contract with them? If so, what does it say about dates to complete the planning? Does it have any deadlines that caterer has missed? Does it have a termination provision? Make contact with them whatever way you can, and try to work it out. Or sue them for breach of contract... View More

1 Answer | Asked in Contracts and Civil Rights for Ohio on
Q: Booked a caterer for my wedding. After tasting that took place in July was supposed to be provided a update proposal.

I have reached out to the vendor by calling and sending emails never got a response I had to go onto their website to do an inquiry to even get a response and when I did they told me that they will get back to me by sending out a proposal in a week or so it’s going on November now and I have yet... View More

Joseph Jaap
Joseph Jaap
answered on Nov 19, 2021

Do you have a signed contract with them? If so, what does it say about dates to complete the planning? Does it have any deadlines that caterer has missed? Does it have a termination provision? Make contact with them whatever way you can, and try to work it out. Or sue them for breach of... View More

1 Answer | Asked in Contracts, Criminal Law, Banking and Business Formation for Ohio on
Q: My mom’s boyfriend has 50,000 from selling a house. He owes money and wants me to hold it for him.

He wants to transfer the money straight into my bank account. Is this money then legally mine? Is there any legal action he can take if I don’t give it back? He has no access to my bank other then him having it transferred

Joseph Jaap
Joseph Jaap
answered on Nov 18, 2021

If it is not a gift to you, then you are holding it in trust for him, and it would not be legally yours. But he would not have access to it, and if you refused to give it back, then he would have to sue you. If there is no signed agreement stating the terms by which you are holding the money for... View More

1 Answer | Asked in Contracts for Ohio on
Q: My rental company sold property to a new one. I never signed a new lease, does the new company need to follow old lease?

My rental company in Ohio sold my apartment complex to a new rental company. One day I just got a random note on my door saying it was now under new ownership. I never was required to sign a new lease with the new company. The only lease I have is with the old company. I am now looking to sublease... View More

Joseph Jaap
Joseph Jaap
answered on Nov 12, 2021

The sale remains subject to all the existing leases that are in effect. The new owner cannot make changes to lease terms until the lease is renewed, if tenant agrees.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Business Law for Ohio on
Q: My wife owned a cemetery plot and passed without a will. Does it go to me?

My wife owned a cemetery plot and passed without a will. She had three children from a previous marriage but paid for the plot while we were married. As her next of kin, do I now own that plot?

Aaron Epling
Aaron Epling
answered on Nov 1, 2021

Call the cemetery and ask them. Sometimes, cemetery plots will pass under cemetery rules. Even if it has to go through probate, you will probably be able to get it.

1 Answer | Asked in Contracts for Ohio on
Q: What kind of lawyer do I need to help break a lease?

Covid related. Mother was in hospital. Doctors requiring first floor instead of third floor apartment.

Andrew Popp
Andrew Popp
answered on Oct 14, 2021

You need to speak with an attorney who practices landlord/tenant law.

Best of luck.

1 Answer | Asked in Contracts, Real Estate Law and Civil Rights for Ohio on
Q: Why don’t HOA’s allow essential critical infrastructure workers, emergency plumber, park their vehicles at their homes?

When renting the home I was not told or given any information about the HOA, nothing in the lease. I am trying to work w HOA, even tho legally they should be dealing with home owners, but they are just condescending, rude, and bullying throwing their attorneys around. I have been nothing but... View More

Joseph Jaap
Joseph Jaap
answered on Sep 21, 2021

HOAs are governed by a set of rules specified in a declaration that has been recorded in the county records and is binding on all the home owners and any others staying in any of the homes. The HOA rules provide fines or legal action for violations. They typically prohibit outside parking of... View More

1 Answer | Asked in Bankruptcy, Contracts and Copyright for Ohio on
Q: Is it legal to sell someone's else stuff without their knowledge or consent?

Until my lease for my new apartment began, I stayed at my friend's place for a month. Recently when moving in, I forgot some items at the friend's place. The next day after move-in, I asked the friend if I can go to their place and collect my remaining items. They said they were out of... View More

Timothy Denison
Timothy Denison
answered on Sep 8, 2021

Take a criminal complaint against the boyfriend for theft and conversion.

1 Answer | Asked in Contracts for Ohio on
Q: Do I need a work for hire agreement for an editor and illustrator when I want to own my book rights, independent author?

I want to start writing and publishing children’s picture books as an independent author. I have written a 32 page book. i have already paid for copyrights. I want to hire an editor to look it over (line editing and copy editing) before I hire an illustrator. I am funding this entire project. Do... View More

Joseph Jaap
Joseph Jaap
answered on Sep 7, 2021

The contracts you sign with editor, illustrator, etc. must assign all of their WMFH copyright rights to you. Use the Find a Lawyer tab to retain an intellectual property rights attorney who can explain the copyright issues and prepare appropriate contracts.

1 Answer | Asked in Consumer Law, Contracts and Collections for Ohio on
Q: Stop payment on plumbing service

Our basement flooded and we received an estimate for work. We signed the estimate and we’re told it was “no problem” if we changed our mind. We told the company we were getting other estimates and to stop all work. They did an hour of work. We received other estimates that were 75% LESS than... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Aug 26, 2021

Many credit card companies provide you with an option to dispute any charge on your card.

As soon as you dispute the matter, the credit card company with "chargeback" the amount from the Plumbing Company. The credit card company will then attempt to resolve the issue and...
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1 Answer | Asked in Contracts for Ohio on
Q: Went and purchase a car they charged me for something he told me he would give me for free now they want to give half

My money back based on the video he watch I told him we didn’t want it then he tells me he will give to me for free then charge me for it under other

Michael Lewis Eisner
Michael Lewis Eisner
answered on Aug 5, 2021

Misrepresentations made during the sale of a car by a dealer should be reviewed by a consumer rights attorney. Most will give you a free consultation to determine if you have a strong enough claim to seek a remedy. Good luck.

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Banking for Ohio on
Q: Can a contract clause absolutely eliminate or waive a citizen's right to a trial by jury?

I have noticed this clause in many end user agreements such as computer and phone software, product and service warranty terms, various financial applications, etc. It is always one-sided (written by the provider) and directed at the buyer. Sometimes these terms include mandatory use of a (or... View More

Joseph Jaap
Joseph Jaap
answered on Aug 2, 2021

Right to a jury applies to criminal matters, not civil cases like business contracts. Rights to a jury in civil cases depend on state law, and can usually be waived as a matter of contract. That's why those waivers appear in so many business contracts.

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1 Answer | Asked in Contracts, Civil Rights, Education Law and Small Claims for Ohio on
Q: Can my private university mandate me to get vaccinated after I’ve been accepted, paid money, and told me that I don’t?

They told us we did NOT have to get vaccinated then an hour later told us that we DO need to get vaccinated against COVID-19. I was accepted for a month and a half with a down payment before I was informed that I needed to get the COVID vaccine, so now it’s crunch time and I either get the shot... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jul 26, 2021

I have not personally looked up the resources, but it is my understanding that the vaccine has not received final approval from the FDA.

The emergency use of an unapproved medicine is covered by 21 U.S. Code § 360bbb–3 - Authorization for medical products for use in emergencies. A...
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