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Ohio Small Claims Questions & Answers
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... View More

Nicholas P. Weiss
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answered on Apr 2, 2020

Just wrote an article on this: https://www.npweisslaw.com/blog/clevelandrooferbondclaim. 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... View 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... View 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... View 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... View 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.... View 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... View 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).... View 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... View 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... View 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.

1 Answer | Asked in Landlord - Tenant and Small Claims for Ohio on
Q: Can we be compensated for/ or not be responsible to pay the full amount of rent?

Broken wire underground. Electric company informed us that it was the responsibility of the owner of the trailer park. They were told to get a certified electrician to come here and fix it. Instead, they had their maintinence people fix it and it took 17 days for them to get it approved and turned... View More

Joseph Jaap
Joseph Jaap
answered on Sep 5, 2019

If owner does not give you a deduction, then you could sue the owner for $340, but then the owner might terminate your lease or try to evict you. So try to work it out to avoid that.

1 Answer | Asked in Consumer Law and Small Claims for Ohio on
Q: I bought a used car from dealer. They couldn’t get me a title so I took car back and They gave me a check that bounced.

They had bought the car from an auction and sold it to me for $3600 with no warranty with temporary tag. Then engine showed damage a week later. I thought my only option was to sell car as is to get something back. However dealer could not get me a title for the car! I called them and because of... View More

Taylor P Waters
Taylor P Waters
answered on Aug 23, 2019

You can file a small claims action against them n your local municipal court. Bring all your paperwork, proof of the check bouncing, and all communications from them.

1 Answer | Asked in Landlord - Tenant and Small Claims for Ohio on
Q: With description what rights and options are available? Home was purchased with money deeply sentimental to me...

Paid rent to my mom sharing her home (also child), oral agreement, she, on whim changed;living arrangements, unrealistic expectations, cash only payments, refused receipt, which she would constantly manipulate, pleas for more money because she can’t pay bills/mortgage, then acting as though... View More

Joseph Jaap
Joseph Jaap
answered on Aug 16, 2019

If you do not have a written lease, then if an eviction action is filed, the court will likely evict you. All that other past history is irrelevant. If the court orders the eviction, it typically gives tenant only 7 days to vacate. So try to work it our, or look for new living accommodations.

1 Answer | Asked in Real Estate Law, Small Claims and Family Law for Ohio on
Q: Can you evict an ex when they are not on deed or mortgage? I had to move she’s still there but it’s my house??

My husband to be was battling a DV case for about a year, he has now Been found not guilty. His ex has been living in his house the entire time while he has been paying the bills of course. The house is solely in his name, the deed and the mortgage. How do we get her out, we keep asking his lawyer... View More

Taylor P Waters
Taylor P Waters
answered on Jul 29, 2019

Was she an ex-wife or an ex-girlfriend? If she was an ex-wife, the question is much more complication. If she's an ex-girlfriend, you need to follow normal eviction procedures.

4 Answers | Asked in Bankruptcy and Small Claims for Ohio on
Q: Are you legally required to continue paying charges on a credit card if the cardholder files bankruptcy?

I am not a joint card holder. My name is no where on the account. They just helped me out when I was having money issues and I agreed to pay a monthly amount until the balance was paid off. Now, there is no balance and they keep taking my money even though they no longer owe the amount.

Clark Dray
Clark Dray
answered on Jul 25, 2019

I'm sorry, your question it's a little vague so this might not be what you're asking. If you're a joint account holder on the card, your liability isn't discharged by your co-debtor's bankruptcy. This means that they can come after you if you stop paying.

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1 Answer | Asked in Contracts, Criminal Law and Small Claims for Ohio on
Q: signed car over to daughter, with agreement to pay for the car monthly. She never paid for it.

I signed over car to daughter with agreement for her to make monthly payments for the car. She took car never paid. She’s currently in jail and her husband refuses to give car back. How do I get the car back.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 22, 2019

If the title to the car is in your daughter's name only you cannot get it back--lawfully--absent a lawsuit.

2 Answers | Asked in Small Claims for Ohio on
Q: My son was awarded a settlement and placed in a trust. They said I could apply for a hardship for funds to be released

After reading paperwork from probate court it’s saying it has to be placed in an account with solely my sons name and be held. I was wondering why because the lawyer said I could get it early if I went to probate court and pay and apply. I did that and the check has been sent out.

Taylor P Waters
Taylor P Waters
answered on Jul 3, 2019

This is because it is your son's money, solely. The hardship must be his hardship, not yours and he must need the money, not you.

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2 Answers | Asked in Contracts, Small Claims, Real Estate Law and Landlord - Tenant for Ohio on
Q: Hi! I had a roommate drop out of school and leave the college house. He pays rent but refuses to pay for utilities.

The utilities were not included with rent. But under the utilities segment on our lease it shows that the person who is signing agrees to pay for them. Is he obligated to pay?

Joseph Jaap
Joseph Jaap
answered on Jul 3, 2019

If he refuses to pay, you could sue him in small claims court. But even if you win, that merely gives you a judgment. Then you have to try to collect on the judgment by going to court again. The court filing fees for all that probably exceed what he owes.

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1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Ohio on
Q: Do owners of a house have to tell you the pervious renters had bed bugs in Ohio
Joseph Jaap
Joseph Jaap
answered on Jun 5, 2019

If owners knew about it and failed to disclose it, that would be a basis to sue the owners. But it depends on all the facts. Contact the local board of health and use the Find a Lawyer tab to retain a local attorney to review the facts and advise you.

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Ohio on
Q: i cancelled my airbnb reservation 32 days in advance. The host let me cancel with no fees.

air bnb wants to keep $400, 1st they said the host fees applied. the host let us cancel with no fees or charges. air bnb said then that they were keeping the money since they did their job as an online travel arrangement site. tho i have pictures from the host saying we were cleared & invited... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 24, 2019

Technically, your contract was with Airbnb. If you utilized Airbnb's extensive (and costly) international booking system and paid the booking fee, and if Airbnb did everything they promised to do then--unless the contract allows some percentage refund--they should be entitled to keep your... View More

1 Answer | Asked in Small Claims for Ohio on
Q: I returned a car that I financed to the dealer the same day for repair that was supposed to be taken care of but wasn't.

They've had the car for 5 days. Can I break the financing aggreement on that vehicle?

Matthew Williams
Matthew Williams
answered on Apr 1, 2019

Without reading the financing agreement and associated warranties or service plans, it’s impossible to say.

1 Answer | Asked in Small Claims for Ohio on
Q: I was assaulted and robbed in my own home

I had somebody come over to my house in before they left they assaulted me and my parents and stole money in the process

Matthew Williams
Matthew Williams
answered on Feb 20, 2019

Call the police.

1 Answer | Asked in Small Claims for Ohio on
Q: Can I go to jail if I don't go to small claims court
Matthew Williams
Matthew Williams
answered on Dec 1, 2018

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.

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