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Ohio Small Claims Questions & Answers
1 Answer | Asked in Small Claims for Ohio on
Q: I was told today that I had to file bankruptcy in order for me to get garnishment payment lowered

I have a car I'm currently paying on and I dont want to lose my only transportation. I dont want it gone I just want it lowered to what I can afford.

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2021

An Ohio attorney could advise best, but your post remains open for two weeks. You could repost under the Bankruptcy category. There's no guarantee that all questions are picked up, but a bankruptcy attorney would have better insight into the issues you describe than a small claims attorney... View More

1 Answer | Asked in Employment Law and Small Claims for Ohio on
Q: in the store I work at in ohio theft is rising. Is it legal to decide to use 17 year old stock workers as "security"?

Our store managers decided to use an extra stock worker to act as security and 2 of them were 17 year olds. I need to know if this is illegal.

Matthew Williams
Matthew Williams
answered on Mar 8, 2021

https://www.com.ohio.gov/documents/laws_MLLPoster.pdf#:~:text=%22minor%22%20means%20any%20person%20less%20than%2018%20years,compensation%20he%2Fshe%20shall%20receive%20for%20each%20day%2C%20week%2C

1 Answer | Asked in Animal / Dog Law and Small Claims for Ohio on
Q: I was asked to petsit a guinea pig a few days. A friend of my ex roommate she really didn't even know me..

It's now been over a year and I messaged just to see if she ever intended to pick her up to which she said I can't pay you but if she's too much she could come get her she came in a ten gallon fish tank with a hide she could barely fit in.. knew nothing about guinea pigs but... View More

Tim Akpinar
Tim Akpinar
answered on Mar 2, 2021

Attorneys who handle animal/dog law matters would be able to advise best, but you await a response for four weeks. Although we see our animals as family members, the general premise is that they are considered property. So it could probably be argued that the other person did not expressly abandon... View More

2 Answers | Asked in Real Estate Law and Small Claims for Ohio on
Q: Bought a lot that advertised utilities in place and Found out that no utilities are in place
Joseph Jaap
Joseph Jaap
answered on Jan 14, 2021

Check your purchase contract. It might say that no other statements, advertisements, etc. are binding - only what is specifically stated in the written contract that you and seller signed. Use the Find a Lawyer tab to retain a local real estate attorney to review the contract and advise if you... View More

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1 Answer | Asked in Traffic Tickets and Small Claims for Ohio on
Q: What can I do about an illegal tow/scrapping of my car?...

My boyfriend used my vehicle to move some things from a house we were moving out of. The owner called the police said we were stealing the items. my boyfriend was pulled over, the impounded the car and when we called to get my car out of impound they said that it had a holder on it threw the... View More

Joseph Jaap
Joseph Jaap
answered on Dec 11, 2020

As the prosecutor said, you must get a lawyer and sue, although the government might have some immunity from having to pay you. Use the Find a Lawyer tab to retain a local litigation attorney who can advise you.

1 Answer | Asked in Small Claims for Ohio on
Q: how do I take someone to small claims court if I dont have a last name or his residential address?
Tim Akpinar
Tim Akpinar
answered on Nov 9, 2020

An Ohio attorney could answer best, but your question remains open for two weeks. As a general matter across the nation, that could present challenges. One option is to search online with the information that is available to you, or to contact an investigator to discuss whether it would be worth... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Real Estate Law and Small Claims for Ohio on
Q: Im renting in ohio. An i allowed to deny a house showing if the realtor doesn't give me a 24 hr notice?

I'm technically in Lorain County. My landlord is cool but the realtor is now getting angry with my bf and I cause we were out of town for a showing that he failed to give a 24hr notice for. He's done it multiple times now and we have pets. What drew the line for him is when we refuse to... View More

Joseph Jaap
Joseph Jaap
answered on Sep 18, 2020

The realtor has no legal rights and cannot require you to do anything. You don't even have to talk to him if you don't want to. You certainly don't have to leave the key in the box. Ohio law requires a landlord to give reasonable (24 hour) notice of having someone come in for an... View More

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Ohio on
Q: What information does a company like Midland Credit need to collect an unpaid debt that will hold up in court in Ohio?

Will a simple statement (without a list of transactions) work? Or do they need the original agreement and list of transactions? This is for an unpaid credit card debt that was charged off and sold to Midland Credit. (Assume you're trying to fight it without filing bankruptcy please.)

Tonya VanBenschoten
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Tonya VanBenschoten
answered on Sep 11, 2020

If you filed for bankruptcy after the debt was incurred and you received a discharge, all that they need is your case number.

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1 Answer | Asked in Antitrust, Civil Litigation and Small Claims for Ohio on
Q: My brother in-law and his gf are staying in my house they where supposed to stay for a few weeks and it been two months.

We called the cops and they said that since they have mail coming in we need to give them a 30 day eviction notice. They are not in the lease, they pay nothing no bills, we are struggling on paying our bills because they consume a lot. We help them find a job and they don’t clean. We didn’t... View More

Joseph Jaap
Joseph Jaap
answered on Sep 8, 2020

As the police said, only a court-ordered eviction can get them out. Some courts allow a tenant to file an eviction to remove unwanted occupants. But other courts require the landlord to file the eviction. Call your local court to find out if you or your landlord must file the eviction, starting... View More

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... View 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... View 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... View 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... View 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.... View 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... View 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
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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... View More

Nina Whitehurst
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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.... View 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... View 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... View 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.... View More

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