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Ohio Small Claims Questions & Answers
1 Answer | Asked in Civil Litigation, Municipal Law and Small Claims for Ohio on
Q: Can I sue in small claims then sue in municipal Court if damages exceed $6000.00
Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 28, 2017

No. This is example of claim splitting, and is not allowed.

1 Answer | Asked in Consumer Law, Real Estate Law, Small Claims and Landlord - Tenant for Ohio on
Q: What can I do if an individual agreed to refund me a payment but now refuses?

I paid a $350 deposit in cash on a rental house for an upcoming vacation. The trip got cancelled. The owner of the property agreed to refund me in full. I have documentation of his agreement to refund me. It's been a month & he is dodging my calls, texts, and emails. He is clearly running... View More

Joseph Jaap
Joseph Jaap
answered on Sep 18, 2017

You can sue in small claims court, but that might be more trouble than it is worth, and even if you got a judgment, it would take further action to try to collect it.

1 Answer | Asked in Products Liability, Real Estate Law and Small Claims for Ohio on
Q: If someone kicks down their door that you got stuck in cause the door got stuck, who has to pay for it?

I was at a house and I went to the restroom and when I tried to leave the door wouldn't open, I would lock it then unlock, move the handle multiple times, pull on it, nothing happened, it was stuck. So the people who own the house kicked the door to get me out. Who has to pay for the door me... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2017

There are arguments either way. They should because as their guest they owed certain duties to you. Offer to pay the cost of a locksmith house call because if all had been calm and had time to wait that's what would have had to be done anyway.

1 Answer | Asked in Civil Litigation, Domestic Violence, Family Law and Small Claims for Ohio on
Q: Unmarried never lived together. He left a few things here. Has been verbally threatening me over his stuff.

I don't want to see him anymore. He's verbally, emotionally, physically abusive. I don't want to see him anymore. Do I have to give his things back? I just don't want to deal with him and his threats. He sends threats via Facebook. That he'll come down from 50 miles... View More

Joseph Jaap
Joseph Jaap
answered on Sep 5, 2017

Ask him to send you a list of what he wants. Put those things in a box. Take photos of the items that you put in the box. Ship the box to him or put the box outside your place, and tell him they are available for him to pick-up. After that, block him from your Facebook, and if he continues to... View More

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Small Claims for Ohio on
Q: Bought house and held money in escrow until agreed upon terms complete. Not completed by date given. Next steps? $ mine?

Electrical and subsequent painting/drywall was supposed to be finished by closing date. Wasnt. Then I gave until the 31st. Still wasn't done. He threatened to sue me and both realitors if we do not release the escrow. What grounds does he have to sue? I have legal right to the moneys held in... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 3, 2017

You have a right to keep the money. In fact the escrow letter should not allow funds to be released to anyone else

1 Answer | Asked in Family Law, Contracts and Small Claims for Ohio on
Q: Can a man legally ask for money back spent on dates if we break up from a short-term relationship?

1.5 month relationship, met online

Joseph Jaap
Joseph Jaap
answered on Aug 24, 2017

It is legal to ask. It also is legal to refuse.

1 Answer | Asked in Family Law, Small Claims and Probate for Ohio on
Q: My brother passed away on July 1st 2017 and my mom let him use a chain saw but the woman he married will not give it

Back.My mother has the invoice where she bought it and still paying for. What can we do to get it back? We dont have a lot of money to go to court. Is there another way we can go about getting it back? Plus she would like something that belonged to him. Please help us.

Joseph Jaap
Joseph Jaap
answered on Aug 11, 2017

You can report it to the police, but they likely will not act. So you have to file a claim in small claims court. The filing fee in small claims court is minimal. Call the court and ask.

1 Answer | Asked in Civil Litigation and Small Claims for Ohio on
Q: when a financial agreement is broken what are the steps for filing in small claims court

The agreement of repayment has been broken three times. I have saved the "promise to pay texts". Do I file downtown Cincinnati or another jurisdiction. What if the person refuses to sign a certified letter? I can I make sure I have the right address of the person I want to sue.

Joseph Jaap
Joseph Jaap
answered on Aug 10, 2017

File in the municipal court in the county in which the contract took place. The court web site provides forms and instructions for filing in small claims court. The limit of a small claim is $6,000. If more than that, then file the claim in municipal court, with a limit of $15,000.

1 Answer | Asked in Collections and Small Claims for Ohio on
Q: I filed an answer to a complaint in small claims in OH. Can I file a motion to dismiss too? Judge referred to mediation.

This is for a debt collection lawsuit. The judge referred to mediation, the case will come up for review on 08/15. I contacted a mediator (because I thought I had to) and set up mediation for later this week? Should I proceed with mediation, or should I let the case come up for review? I want... View More

Matthew Williams
Matthew Williams
answered on Aug 1, 2017

You can file anything. It's chances of success are a different matter. Why do you think the debt collector lacks standing?

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Ohio on
Q: Is an "early move in waiver" where we are responsible for previous tenants' cleaning and damages enforceable?

Landlord usually has 10 days of turnover for his properties for cleaning and repairs. We desperately needed move in because previous lease had expired. We moved in on 5th day of turnover period. Landlord had us sign a waiver making us responsible for all the cleaning and damages of the previous... View More

Joseph Jaap
Joseph Jaap
answered on Jul 27, 2017

Only a court can answer it is enforceable in this specific case and your circumstances. If the lease and waiver were properly signed, then they could be enforceable. If you provided landlord your postal forwarding address, then landlord is required to send you an itemized statement of any... View More

1 Answer | Asked in Products Liability, Small Claims and Consumer Law for Ohio on
Q: I live in columbus ohio. I pawned my tv. When i picked it and took it home discovered it was broke

What can i do since pawn shop broke it

Peter N. Munsing
Peter N. Munsing
answered on Jul 21, 2017

File a claim with them but they'll say it was you. Then go to small claims.

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Small Claims for Ohio on
Q: Vet malpractice small claims court advice.

I took my dog to the vet. The vet did an Xray and said there is a foreign object that needed to be removed. The vet did the surgery and found that it was a dog treat which i told him i had given him before i left home and also asked if we could induce vomiting for the object. They still want me to... View More

Joseph Jaap
Joseph Jaap
answered on Jul 17, 2017

The case would be decided on the evidence and testimony that you present in court. The vet would present evidence of giving reasonable care under the circumstances. The court would then decide if you met the burden of proof with a "good case." Small claims court can decide cases... View More

1 Answer | Asked in Civil Litigation, Municipal Law and Small Claims for Ohio on
Q: How to find a name

I got broken car window from Neighbor mowing his lawn Police filled out a non criminal incident report Neighbor refusing to pay & refused to tell me his or his wifes name how can I obtain his name so I can file in court Police advise civil court filing

Matthew Williams
Matthew Williams
answered on Jul 13, 2017

If he owns the house, you could look up the land transfer records I suppose. But, you don't really need a name just info that will help the police find him, which you have plenty. Lots of police reports are filed without the name of the perpetrator. After all, most people don't know who robbed them.

2 Answers | Asked in Juvenile Law, Small Claims and Criminal Law for Ohio on
Q: If someone is allegedly being accused of taking someone's property and gets in a car with other people who is unaware

of what's going on, can the people in the car with this person have the same punishment as the alleged person who could have taken someone's property?

Joseph Jaap
Joseph Jaap
answered on May 18, 2017

Yes, they possibly could face some criminal charges depending on all the circumstances, and if it went to court, it would depend on whether the judge or jury believed they had no knowledge of the theft. Use the Find a Lawyer tab to contact a local attorney who handles criminal cases if charges are... View More

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1 Answer | Asked in Contracts and Small Claims for Ohio on
Q: Can I be taken to small claims for canceling arrangements made on a Facebook sale group?

I needed trash off my property hauled away. I made arrangements with this guy for the next day to haul it away on a Facebook sale group for 200 dollars. Well someone else offered a better deal 150 instead and for the same day. I took them up on that and canceled on the first guy with more than 12... View More

Joseph Jaap
Joseph Jaap
answered on Apr 3, 2017

He could sue you in small claims court. He could show the text messages to the court as proof of a contract. Maybe the court would rule in his favor, maybe not. If he got a judgment, then he could file a judgment lien against your home. Even if he doesn't sue you, will he get more... View More

1 Answer | Asked in Civil Litigation, Real Estate Law and Small Claims for Ohio on
Q: Hello I sold my house about 2 1/2 months ago , before selling we had a company come out and snake a floor drain due to

Smell but we never had a flooding or water back up nor I was aware of any issues w the house we lived there 8 plus years did laundry cooking everything and never had an issue, now buyer is saying she can't do laundry or wash dishes at the sink after living there for 2 plus months cause the... View More

Joseph Jaap
Joseph Jaap
answered on Mar 24, 2017

These sorts of problems arise frequently, with a home buyer experiencing a problem that the seller might never have experienced. The buyer could sue the seller alleging fraud for failing to disclose the problem. Of course, the seller always denies having any knowledge, and sometimes it even is... View More

1 Answer | Asked in Civil Rights, Small Claims and Divorce for Ohio on
Q: My husband left the house, can I change the locks?

He left for a few days, didn't answer phone calls or text messages. He came back to the house while I wasn't home with the police. He took the dog and some of his belongings. Can I change the locks to the house if I tell him I'm doing it?

Joseph Jaap
Joseph Jaap
answered on Mar 1, 2017

Are both your names on the deed for the house? You can change the locks, but it is the marital home, so he can come back and get them changed to regain entry. If you file for divorce, you can seek a temporary order for possession of the house while the divorce is pending. Use the Find a Lawyer... View More

1 Answer | Asked in Civil Litigation, Contracts, Libel & Slander and Small Claims for Ohio on
Q: Arrangement leading to agreement of leaving my pers. prop. (set period) to obtain later. He refuse to contact, or return

Ohio; Athens Co.

I left my personals and my dog (Chance, of 11 yrs) for an mutual set period of time (7mo) as part of our agreed, arrangement. I also on my part, agreed on my making a monetary exchange for safe keeping, most important was (paper work, legal doc's, colleagues ppr... View More

Matthew Williams
Matthew Williams
answered on Feb 28, 2017

Have you called the police? Have you considered hiring a lawyer to write a demand letter and potentially file a complaint?

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Ohio on
Q: What is the legal definition of premises? Is it just the rented property or the neighbors property as well?
Joseph Jaap
Joseph Jaap
answered on Feb 2, 2017

There is no one legal definition. Or if a legal definition were given, it might not be helpful to answer your situation. Typically, the definition would be found in the text of the document that is granting rights in those premises. If it is a deed, then the premises are the legal description... View More

2 Answers | Asked in Landlord - Tenant, Contracts, Products Liability and Small Claims for Ohio on
Q: Can the landlord give my security deposit to the neighbor?What is the legal definition of premises,just rented property?

I trimmed the neighbors bushes that were a fire and safety hazard next to my past residence because my land lord doesnt take care of the property and didnt want to talk to the neighbor. He told me where he thought the property line was so I trimmed the bushes on that line. The neighbor went berserk... View More

Joseph Jaap
Joseph Jaap
answered on Feb 1, 2017

If you gave landlord your forwarding address before you left, landlord must give you an itemized list of any deductions to your security deposit within 30 days. If he did not, then you can sue him for double the amount wrongfully withheld plus your attorney fees. Use the Find a Lawyer tab here on... View More

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