Ohio Small Claims Questions & Answers

Q: Can I go to jail if I don't go to small claims court

1 Answer | Asked in Small Claims for Ohio on
Answered on Dec 1, 2018
Matthew Williams' answer
No. But the court will issue judgment in favor of the other side of if you don't show up. And they will then have the legal means to seek to collect from you by force.

Q: If I don't go to small claims court will I be arrested

1 Answer | Asked in Small Claims for Ohio on
Answered on Nov 28, 2018
Bruce Alexander Minnick's answer
Not in Florida; and I suspect the law is the same in Ohio. Small claims courts handle CIVIL matters; arrests are only made in CRIMINAL matters.

Q: Can i sue in small claims court for money someone "owes" me in purchase agreement plus the max $6000 you can sue for?

1 Answer | Asked in Business Law, Contracts and Small Claims for Ohio on
Answered on Nov 13, 2018
Joseph Jaap's answer
The maximum award in small claims court is $6000. In municipal court it is $15,000. Beyond that amount, or for specific performance, it is Common Pleas Court.

Q: If i have a hearing by the board and their lawyer and still do not feel the assessment is fair do I have any recourse ?

1 Answer | Asked in Small Claims for Ohio on
Answered on Sep 19, 2018
Matthew Williams' answer
You could always take them to court...since I'm guessing this a condo board (yes?) you may want to try to work it out with them first.

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: A contractor has failed to finish our kitchen remodel started in Feb. 2018 despite frequent communications & promises.

1 Answer | Asked in Small Claims for Ohio on
Answered on Aug 8, 2018
Matthew Williams' answer
Small claims court, municipal general civil division, or common pleas court in civil cases depends upon the amount of $ involved and the types of relief available.

Q: I own and operate a HVAC Service and Repair Business. I did some work for a couple on 1/31/18. In their home.

1 Answer | Asked in Business Law and Small Claims for Ohio on
Answered on Aug 6, 2018
Joseph Jaap's answer
Sue both in small claims court. Check the court web site for the forms to file.

Q: ex boyfriend of 3 years has been having 3 of my credit card payments coming out of his account by default

1 Answer | Asked in Small Claims and Civil Rights for Ohio on
Answered on May 29, 2018
Gary Kollin's answer
I do not understand if there is a question and if there is, you must articulate the facts better

Q: Investment Co. Purchased house next door and had company cut down a tree in our front yard! How should I proceed?

1 Answer | Asked in Real Estate Law, Civil Litigation and Small Claims for Ohio on
Answered on May 11, 2018
Bruce Martin Broyles' answer
File a lawsuit. The company trespassed and caused damage to your yard. In addition cutting down an ornamental decorative tree can result in trble damages in Ohio.

Q: The lease effective on May 26 2018, I never move in yet, can I sue landlord to get money back from a small claim court ?

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Ohio on
Answered on Apr 23, 2018
Joseph Jaap's answer
If you and landlord both signed the lease, then it would be a valid contract. Even if you don't move in, you would have the legal obligation to pay rent, unless there is an early termination provision. If not, then you would not be entitled to any return of money from landlord, unless landlord breached the lease and refused to allow you to move in. You could sue in small claims court if you have some legal basis for termination. Use the Find a Lawyer tab to consult a local attorney who can...

Q: Can I take legal action against my landlord for not fixing major repairs until someone gets hurt?

1 Answer | Asked in Landlord - Tenant and Small Claims for Ohio on
Answered on Apr 16, 2018
Joseph Jaap's answer
Contact the local building department, which might issue repair orders. Send landlord written notice of the problems, then start paying rent on time each month into escrow with the local court, which will schedule a hearing for landlord to come and explain what is being done to fix the problems. If not enough, the court can terminate your lease so you can move. Check your local court for the rent escrow process. You also could sue the landlord in small claims court for medical bills. Use...

Q: Neighbors pool broke and flooded our basement, worth going to small claims court? Neither insurance covered damages

1 Answer | Asked in Civil Litigation and Small Claims for Ohio on
Answered on Mar 24, 2018
Bruce Martin Broyles' answer
Small claims monetary jurisdiction is $6000, but the difficult part will be establishing your damages. You probably have receipts for rental vaccumms or service company to remove water and water damaged items, but how to establish the value of damaged items. The owner of property can provide opinion testimony as to the value but it will be dicficult to determine the value of items stored in your basement

Q: What if you're recently 18 and left a bruise on your younger brother?

1 Answer | Asked in Family Law, Domestic Violence, Intellectual Property and Small Claims for Ohio on
Answered on Mar 23, 2018
Matthew Williams' answer
Well, you just confessed to domestic violence, a first degree misdemeanor punishable by up 180 days in jail and a fine up to $1,000. So there's that.

Q: I have never been evicted. Went to get moving van and came back to changed locks and I can't get property.

1 Answer | Asked in Landlord - Tenant and Small Claims for Ohio on
Answered on Mar 21, 2018
Bruce Martin Broyles' answer
Ohio does not provide for self-help provisions in a residential lease. Landlords must provide a 3 day notice; file a complaint for forcible entry and detainer; provide sufficient information at a hearing, and obtain a writ of restitution. Does not sound as though your landlord did these things. You have a claim for wrongful eviction.

Q: Am I entitled to get the downpayment money back?

1 Answer | Asked in Real Estate Law and Small Claims for Ohio on
Answered on Mar 14, 2018
Joseph Jaap's answer
The context of this situation and your question are unclear. Who is "us?" Who are "they?" Who is trying to collect money from whom, and why? Is this a divorce? Is it a bank foreclosure? Is it small claims? But instead of explaining all that here, you should use the Find a Lawyer tab and retain a local attorney to review all the facts of the situation with you and advise you.

Q: I am being threatened with legal action if I do not repay using itunes cards. Is this a scam?

1 Answer | Asked in Small Claims for Ohio on
Answered on Mar 8, 2018
Matthew Williams' answer
That sure sounds like a scam to me.

Q: What notice do I need to give my daughter before disposing of possessions she stored in my garage several months ago?

1 Answer | Asked in Small Claims for Ohio on
Answered on Mar 5, 2018
Joseph Jaap's answer
What are the possessions worth? If you dispose of them without an eviction, she could sue you. To be safe, you should go through an eviction process. Check your local court for the forms and procedure. But if the stuff isn't much value, you could text her, take photos, and give her a deadline. She could still sue you, but you would have those to show the court. Use the Find a Lawyer tab to consult a local attorney.

Q: My old roommate owes me $2500 after I covered our rent and utilities when he couldn't afford it. How can I get my money?

1 Answer | Asked in Contracts, Civil Litigation, Collections and Small Claims for Ohio on
Answered on Mar 5, 2018
Joseph Jaap's answer
Small claims court can handle a claim under $6000. But his bankruptcy might have terminated your claim. Use the Find a Lawyer tab to consult a local collection attorney.

Q: my girlfriend broke up with me before paying me back for a vacation we took together. How can I get my money back?

1 Answer | Asked in Contracts, Civil Litigation, Collections and Small Claims for Ohio on
Answered on Mar 5, 2018
Joseph Jaap's answer
Small claims court can handle a claim up to $6000. If more than that, you file a claim in municipal court. But you might have waited too long. The time limit on your claim might be 6 years. Use the Find a Lawyer tab and retain a local litigation attorney.

Q: Lease says no more than 2 vehicles, people have more than that. Lease also states no working on vehicles on the property

1 Answer | Asked in Real Estate Law and Small Claims for Ohio on
Answered on Mar 5, 2018
Joseph Jaap's answer
The landlord is not violating your lease, unless your lease specifically says that landlord will enforce similar restrictions against other tenants. It does not give you a basis to declare the lease void. Use the Find a Lawyer tab to retain a local real estate attorney to review your lease and advise you of any claims, or work it out with landlord yourself.

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