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Ohio Small Claims Questions & Answers
1 Answer | Asked in Animal / Dog Law and Small Claims for Ohio on
Q: What is the process for ownership of a pet bought for my daughter from a 3rd party that my ex will not let her have?

My ex- husband and I have separately and together at differing times taken care of a pet dog that was originally bought for my daughter by a friend of mine. I no longer have the receipt (although my friend might have copy of check) and pedigree forms that came with the dog when purchased. I have... Read more »

Taylor P Waters
Taylor P Waters answered on Aug 24, 2020

Yes, you can take him to small claims court. You want to allege Conversion of Property. Bring your records, try to find a copy of the check, and see if you can find any communications from him which support that the dog was purchased for or a gift for your daughter. You may want to bring it in both... Read more »

1 Answer | Asked in Small Claims for Ohio on
Q: What would be considered proof of debt from third-party? And if they have proof of debt can they take you to court.
Jeffrey J Ferguson
Jeffrey J Ferguson answered on Aug 17, 2020

In order for a party to take a person to court there needs to be some connection to the matter by both the third party and you. A possible explanation is if you are a cosigner. You may be considering this a s third party.

1 Answer | Asked in Employment Law, Workers' Compensation and Small Claims for Ohio on
Q: My workplace shorted me on my check it's been a week later and I have still not heard about any updates

I informed payroll, HR, and management the day I got paid That my check was short. I call everyday to ask for updates everday they tell me they are working on it and have to wait for the owner's approval to give me a check. They owe me 1300$ that supposed to be on my regular paycheck.

Kyle Anderson
Kyle Anderson answered on Aug 14, 2020

Hi. I would wait to hear what payroll, HR, and management say. Does missing that portion of your pay put you below the minimum wage? Is the check for any overtime you worked during the pay period? If so, you may have a claim. But I would try to resolve this internally since you are still working... Read more »

1 Answer | Asked in Contracts and Small Claims for Ohio on
Q: I found a missing person with a $25,000 reward and the family won't give me the reward

A friend of mine went missing and her family put out a $25,000 reward for information leading to her. I came forward and disclosed some information where I think she might be, and they ended up finding her where I said she was. The family has not contacted me with information on how to get the... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 30, 2020

Use the Find a Lawyer tab and retain a local attorney. You might have to sue them.

1 Answer | Asked in Family Law and Small Claims for Ohio on
Q: Can a make mother sign a contract to replace something of my daughter's if she lets it get broke?

I bought my daughter a watch for her birthday that has a built in phone and emergency gps detector if she were to ever get lost or kidnapped. I am afraid to let her take it to her mother's where she needs it most for fear of the mother, her abusive boyfriend or thier son taking or breaking it.... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 28, 2020

A contract like that wouldn't do much good, even if you could get her to sign it. If the watch went missing, you would not be able to prove what happened to it if you went to small claims court to sue her. Use the Find a Lawyer tab to retain a local family law attorney to review the facts... Read more »

1 Answer | Asked in Consumer Law, Construction Law and Small Claims for Ohio on
Q: What steps do I take to get my money back?

We had a house fire, my contractor was given $40k, pulled no permits to work on my house, barely did any work and the work he did do was incorrect and has to be redone. He will not give the money back and at this point will not return phone calls.

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 21, 2020

This sounds like a violation of Ohio's home construction statute. I recommend bringing an action against him and seeking a claim against his municipal bond.

2 Answers | Asked in Probate and Small Claims for Ohio on
Q: My mother passed away in Hawaii. Due to the pandemic, I wasn't able to travel there to take care of her personal affects

Since I couldn't go there my "estranged " daughter stepped up and cleared out her condo and sent me pictures of some personal items that she was to send me and I would pay for shipping. After she found out that I was left some money she told me that she wanted half of it and has... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 27, 2020

You should hire a probate attorney to get an executor. The executor can demand the return of all of your mother’s property and the court can hold your daughter in contempt if she fails to do so. There are remedies for this but you need to act fast before everything “disappears”.

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1 Answer | Asked in Small Claims for Ohio on
Q: Bought new home, HVAC unit not tested in Dec. AC found to be broken during summer. Should I go to small claims court?

Wife and I recently bought a new home during winter.

It was said by seller that the AC unit is new--it appears to be so.

Recently have had a need to use the AC during summer--found that it does not work.

Had 2 trusted inspections saying it is probably a faulty coil.... Read more »

Taylor P Waters
Taylor P Waters answered on Jun 9, 2020

Maybe. You would need to allege fraud or failure to disclose, but given the time that has past it may be an uphill battle, though not impossible.

1 Answer | Asked in Landlord - Tenant and Small Claims for Ohio on
Q: I have a landlord who is attempting to sue me for cleaning of the house after i had moved out.

He stated he was using my deposit for rent for the following month but would not allow me that time to go in and properly get all my things and clean. He stated that since i told him the 1st, he was taking it to heart, even tough that was before he stated he was using the deposit for the next... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 2, 2020

If he does actually sue you, and you receive a summons from the court, then you must answer it by the deadline stated in the summons. Use the Find a Lawyer tab and retain a local attorney to review all the facts to prepare the answer and represent you.

1 Answer | Asked in Contracts and Small Claims for Ohio on
Q: I'm wondering about being able to sue someone (my brother) for money he owes me for car payments.

My brother had asked my husband and I if he could take over our car payment. We all came to an agreement and for almost a year the payments were made while my brother had the car. My brother asked us to take the car back in August of 2019. We had asked him if he could fix the damage on the front... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 2, 2020

You could sue your brother in small claims court, but if you did not have a written contract, then he could deny he had any obligation to pay, and you probably would not succeed. Check your local court web site for the small claims process.

1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for Ohio on
Q: I bought a car from a private person paid stated down payment and was given a month to pay final payment and a bill of

Sale stated such. 5 days later previous owner borrowed stated vehicle to go to the store but never brought it back and stated that changed there mind that they would just give the down payment back when they get paid. What do I do to get it back? Or can I? I live in Ohio.

Joseph Jaap
Joseph Jaap answered on May 5, 2020

If you still want the car, you will have to sue seller for breach of contract. That process will take several months, and OH court activity is currently suspended because of the virus lockdown. Use the Find a Lawyer tab to retain a local litigation attorney to review the situation and advise you.... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Small Claims for Ohio on
Q: Trying to see if there are any Probono lawyers available to take on a case against FCGSB for my disabled daughter.

I have a 19 year old daughter, Arianna, that has 15 co-morbid diagnoses. Franklin County Guardianship Service Board was appointed in 3rd Party Guardian Dec 2019. Due to Arianna's father (Drew) and I not being able to navigate Co-Guardianship. He refuses to acknowledge 14 of her diagnoses and... Read more »

Tim Akpinar
Tim Akpinar answered on May 3, 2020

You could see if the Ohio State Bar Association lists any resources, or you could try to contact them (it could be difficult at the current time with the health crisis) if they could direct you to any entities that could be helpful. Good luck

Tim Akpinar

1 Answer | Asked in Products Liability, Car Accidents and Small Claims for Ohio on
Q: I need to know if I have a chance, or if I should just pay her what she is asking.

An ex-gf of mine is trying to sue my in small court for around 2,000 dollars for damage of her car. When we were together I was driving her car and backed into a pole. She said it was fine. I messaged her telling her I was sorry, I’d help her with it, and all of that, which she has messages... Read more »

Matthew Williams
Matthew Williams answered on Apr 5, 2020

Since she had and didn’t use insurance, she has failed to mitigate her damages and could should have some trouble if you argue that in court. From a practical stand point, is $1500 a fair estimate of the damage? Can you afford it reasonably easily? Because it’s probably both the right thing to... Read more »

1 Answer | Asked in Real Estate Law and Small Claims for Ohio on
Q: How do permit bonds work to protect homeowners needing repairs?

I purchased my home in November 2019. I was told the roof was replaced in September 2019. Before purchasing the home we noticed a small leak around the chimney, which was to be repaired before the home was transferred to us. Now the roof is leaking again. I had a roofing company look at the roof... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 2, 2020

Just wrote an article on this: The short version is you need to find out who the bond company is and make a claim on the bond. Your municipality will have that information so long as the contractor was registered with the municipality.

1 Answer | Asked in Small Claims and Civil Litigation for Ohio on
Q: Ex girlfriend is driving a truck in my name. Can I make her pay the loan off so I can transfer out of my name?

My ex girlfriend and I separated in June 2019. The truck she drives is in my name (loan and insurance). She has been making the monthly payments on the loan and insurance, but I want to get everything out of my name to protect myself since we are not together. Her previous car was also in my... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 31, 2020

If yours is the only name on the title to the truck, then you are the owner, and you can go get it back. Then you can sell it to pay it off.

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Ohio on
Q: After the disillusion papers are signed and notarized can my ex-partner come after my house or my money?

We've only been married for 8 months and we have no children together. He was never on the deed to my house.

Joseph Jaap
Joseph Jaap answered on Mar 11, 2020

The separation agreement specifies the terms of division of property, including your house. Since you have questions about the dissolution process to terminate your marriage, and questions about the agreement, you should use the Find a Lawyer tab to retain a local divorce attorney to review the... Read more »

1 Answer | Asked in Small Claims, Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: What legal action can I take if my roomate is getting me evicted?

My roommate hasn't been paying his rent on time since October, but I never knew until December because neither he or the landlord told me. I was sent a possible eviction notice in December by the landlord and that's when I found out. I paid my half on time every month, but every month... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 25, 2020

If both you and your roommate signed the lease, then you are both fully liable to pay the entire amount of rent owed - joint liability. In an eviction, the landlord can sue both of you, get a judgment, and then collect from one or both of you, whichever landlord chooses. Try to work it out with... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Ohio on
Q: My ex fiancee will not give me my things including gifts, can I sue her? Who pays the cost?

My now ex fiancee and I have broken up. I have moved out per her request. I have been given many of my things back, but she has taken every gift her and her family has ever given me. She also has many of the items I brought into the house when I moved in, including items that belong to my children.... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 20, 2020

You can claim attorney fees when you sue her, but the judge is unlikely to make her pay those if you win. Unless there is a specific statute that specifies attorney fees, then each party usually pays their own attorney fees -- unless the judge uses discretion to make one party pay the other's... Read more »

1 Answer | Asked in Car Accidents, Small Claims, Construction Law and Landlord - Tenant for Ohio on
Q: Is my company liable for damages to my vehicle?

My company has recently leased a new office space in a newly renovated building (including the parking lot). The parking lot has a utility pole with a guy wire that extends into a parking space. The parking spot doesn't have any warnings (e.g. the spacing being striped for no parking).... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 27, 2020

Talk to the local building dept. whether it is a violation. If not, and if landlord or company will not pay for repairs, you could sue in small claims court. The court will determine if they have any liability for failing to post a warning sign. But if the wire was in plain sight, the court... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law, Identity Theft and Small Claims for Ohio on
Q: a company I use to work for used my name to commit medical fraud can i sue them?.. there is proof and a investigation

I worked for a home health care agency that is under investigation for forgery. Documents with my name and a fake signature was used to commit medicaid fraud when i was on a medical leave. this is only the beginning of the many things that this company did to me. would i have a case and what can... Read more »

Matthew Williams
Matthew Williams answered on Nov 1, 2019

Sure, you can sue. Is there anyone available to pay damages? One of the problems with fly by night companies is they tend to up and vanish. A court order for you to be paid is far from you actually getting paid.

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