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2 Answers | Asked in Consumer Law, Contracts and Construction Law for Ohio on
Q: How do I recover a down payment to a general contracting company that is making no effort to communicate or do the work?

Contract signed for project and down payment paid in March. Contractor never contacted me again. I complained to the contractor company then was given a new contractor who is doing the same as the prior contractor. Verbally, the agreement with the first contractor and second contractor was to... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

It depends on the nature of the job and what a reasonable time for completion of that particular job is.

In a contract, the parties usually must explicitly agree on a firm completion date if it is important to the parties when the work must be performed. The phrase used to describe this...
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2 Answers | Asked in Consumer Law, Contracts and Construction Law for Ohio on
Q: How do I recover a down payment to a general contracting company that is making no effort to communicate or do the work?

Contract signed for project and down payment paid in March. Contractor never contacted me again. I complained to the contractor company then was given a new contractor who is doing the same as the prior contractor. Verbally, the agreement with the first contractor and second contractor was to... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jun 11, 2024

Recently had a decision from the Fifth District that held that the contract did not have a completion date, and the contract did not state that "time was of the essence", therefore the absence from the project for even a long period of time was not a material breach. Attempting to... View More

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1 Answer | Asked in Estate Planning for Ohio on
Q: Do not want divorce,how can I protect my assets acquired before marriage 43 yrs ago?
Nicholas P. Weiss
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answered on Jun 6, 2024

Any asset acquired prior to marriage, unless comingled with marital assets, is non-marital. It should not need additional protection. Exceptions to this can include certain property used by both parties, like a house, that was appreciated in value following the marriage. In general, though,... View More

1 Answer | Asked in Family Law for Ohio on
Q: Can I move out of the State of Ohio without the permission of my child's Father?

We have a court order-I am the Custodial parent and the Father has visitation only. I had to move out of State because I live with my parents and they moved. I did file paperwork with the courts because I have other concerns about my child going to his Father. When I filed I had not moved yet and... View More

Nicholas P. Weiss
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answered on Jun 6, 2024

It is likely that before you moved you needed to file a notice of intent to relocate. File that ASAP. You are supposed to do this prior to moving. If you do not, then the court can literally make you bring the child back to the state.

1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: Hi what age do I have to be to mow lawns,shovel snow and rake leaves for neighbors for money?

I really want to do it for extra money but I don’t know the legal age I have to be

Nicholas P. Weiss
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answered on Jun 6, 2024

There is no prohibition on you doing this yourself at any age. The prohibition is on a company hiring or contracting you to do this work while you are below working age. If it's just you going around the neighborhood, then you're fine.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Fiance wants to adopt my daughter once married, what kind can we do?

My daughter's father has been no contact for 2 years and he never established paternal rights in court, but is on birth certificate. When I was going to file officially for custody, 6 different lawyers during consultations informed me that because we were never married and he never... View More

Nicholas P. Weiss
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answered on Jun 6, 2024

If the biological father has EITHER gone more than one year without de minimus (negligible amount) of contact with the minor child without reasonable cause OR has failed to provide support for the minor child, even without a child support order, then the biological father's consent is not... View More

1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: How can the court check box stating I waive my right for this matter to be heard within 30 days due to lack of service?

This allowed them to determine a "reasonable amount of time" to be over 60 days. I don't want suggested to consult a lawyer I'm simply asking for an answer.

James L. Arrasmith
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answered on Jun 3, 2024

To address the court's checkbox stating you waive your right for the matter to be heard within 30 days due to lack of service, you need to understand the implications of checking that box. By waiving this right, you agree that the court can extend the timeframe to determine the matter. This... View More

1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: Durable POA and Healthcare POA rights and responsibilities for Dad's Progressive Alzheimer's Dementia (Ohio) diagnosis.

Dad was diagnosed a few weeks ago and can no longer drive, manage his finances or cook for himself, per the evaluation. The forward prognosis is difficulty dressing, bathing and feeding within a year. I am a licensed CPA and need to confirm what I can and should not do. I have durable POA and it... View More

Nicholas P. Weiss
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answered on Jun 3, 2024

Do you need to as a matter of law? No. Will every nursing home, health care provider, and bank give you a hard time about the POAs and make you jump through a million hoops that you wouldn't have to do if you had guardianship? Absolutely yes.

1 Answer | Asked in Civil Litigation, Civil Rights, Legal Malpractice and Libel & Slander for Ohio on
Q: How do I start a complaint for ineffective assistance of counsel in Butler County Ohio
James L. Arrasmith
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answered on Jun 3, 2024

To start a complaint for ineffective assistance of counsel in Butler County, Ohio, you first need to gather all relevant documentation related to your case. This includes court transcripts, attorney-client communications, and any other evidence that demonstrates your attorney's lack of... View More

1 Answer | Asked in Elder Law, Estate Planning, Family Law and Health Care Law for Ohio on
Q: My mother-in-law has dementia. Prior to his death, my father-in-law ask my husband to take care of his mom.

We moved into their house 2 weeks before his dad died. My husband's brother, David, is executor of estate and power of attorney for my mother-in-law. Per my husband, a verbal agreement was made that when my mother-in-law passed, her house would be sold and we would receive a larger portion for... View More

James L. Arrasmith
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answered on Jun 2, 2024

I'm sorry to hear about the difficult situation you’re facing. Given the verbal agreement and the substantial care your husband provided for his mother, it’s understandable that you feel entitled to a larger portion of the estate. However, verbal agreements can be challenging to enforce... View More

1 Answer | Asked in Tax Law for Ohio on
Q: what do I all do

I was told to contact a tax expert and a tax lawyer for me starting a website and getting donations for me getting plastic surgery for uneven growth and other bad things that happen that I need fixed but do I haft to sign up for 501(c) because I think you haft to do that to be legal to get... View More

James L. Arrasmith
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answered on Jun 2, 2024

To start a website and legally accept donations for personal needs like plastic surgery, it's essential to understand the legal requirements. You don't necessarily need to register as a 501(c)(3) non-profit organization if the donations are for personal purposes. However, it's... View More

1 Answer | Asked in Personal Injury for Ohio on
Q: do I have a case?

I recently had pilonidal cyst surgery to have two abscesses removed on my right butt cheek. The surgeon went in and removed a cyst, but left the abscesses on my butt cheek. She at first denied the area and said it was my anxiety and tissue damage. after going to get a CAT scan and getting with my... View More

Tim Akpinar
Tim Akpinar
answered on Jun 1, 2024

An Ohio attorney could advise best, but your question remains open for a week. It could depend on whether the surgeon violated a duty of care owed to you, and the extent and permanence of your damages. Abscesses can cover a wide range of results, not all of which are necessarily the result of... View More

2 Answers | Asked in Immigration Law for Ohio on
Q: N-400 was denied because i didn’t register to selective service when I come in America that I didn’t know about it
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jun 1, 2024

Apply for US citizenship when you are 31 yrs old or over. This is because the applicant's failure to register would be outside of the statutory 5-year period during which an applicant must show that he is of good moral character and disposed to the good order and happiness of the United States.

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2 Answers | Asked in Immigration Law for Ohio on
Q: N-400 was denied because i didn’t register to selective service when I come in America that I didn’t know about it
James L. Arrasmith
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answered on Jun 1, 2024

I understand your frustration about the denial of your N-400 application due to not registering for selective service. When you first arrived in the U.S., it's possible that you were unaware of this requirement, especially if it wasn't clearly communicated to you. Unfortunately, failing... View More

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2 Answers | Asked in Traffic Tickets for Ohio on
Q: What do I do if I lost my insurance card and I got a new card coming in but it says todays date
Tim Akpinar
Tim Akpinar
answered on Jun 2, 2024

That might be the issue date, or effective date. As a general matter, insurance ID cards generally carry two dates. Check the other date, which is the expiration date. That should enable you to verify that the date ranges on the card show that you are currently covered. This is a general... View More

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1 Answer | Asked in Employment Law for Ohio on
Q: My employers drug policy states "thc is prohibited (except as provided for under applicable law.) What does that mean?
John Michael Frick
John Michael Frick
answered on May 31, 2024

The phrase has no technical legal meaning. You need to ask your employer what it means by that statement.

It could mean that unless you are working in a state that has passed a law that restricts employers from taking adverse action against employees who test positive for THC, your...
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2 Answers | Asked in Car Accidents for Ohio on
Q: Just rear ended a car, minor damage. She has my name/plate. Doesn’t know I’m insured. What should I do?

I can’t afford for my insurance to go up. She’s offering to not go through insurance. But I can’t afford this bogus quote she sent me ($2400? I barely bumped her). We both left the scene. What are my rights?

Tim Akpinar
Tim Akpinar
answered on May 30, 2024

This is something an Ohio attorney could advise best on, but your question remains open for a week. No one could comment on the PD damage figure without seeing what a collision shop estimates it at. You could consider discussing with a local attorney. Consider this scenario. In six months she comes... View More

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2 Answers | Asked in Car Accidents for Ohio on
Q: Just rear ended a car, minor damage. She has my name/plate. Doesn’t know I’m insured. What should I do?

I can’t afford for my insurance to go up. She’s offering to not go through insurance. But I can’t afford this bogus quote she sent me ($2400? I barely bumped her). We both left the scene. What are my rights?

Tim Akpinar
Tim Akpinar
answered on May 30, 2024

Addendum - I'm not saying that the given scenario would happen to stir fear. It might happen, it might not. It's just something to discuss with a local attorney in making a well-informed decision. I hope you are both okay. Good luck

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2 Answers | Asked in Consumer Law, Contracts and Business Law for Ohio on
Q: I have a customer that I renovated a bathroom for. They were unhappy with everything from the start. Nothing wrong with

I have a customer that I renovated a bathroom for. They were unhappy with everything from the start. Nothing wrong with the work. But they're extremely picky. They are now asking for proof of insurance, which I do have. Do I have to provide it after contract was already signed? Also I had them... View More

Tim Akpinar
Tim Akpinar
answered on May 29, 2024

It could be worth checking with a local attorney what the law is on providing insurance. No one could judge your position or their position without seeing the contract and your work. But in some settings, the claimant will have to place the matter into suit to obtain the insurance info. And if... View More

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1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Dogs barking all hours of night. Im in a township outiside of Troy Ohio. Does this violate an Ohio noise ordinance?

They keep 10 or more dogs on the property but they don't live there. They have no control of them most of the time. Sometimes most of them are in pens. They are barking more then they are not.

James L. Arrasmith
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answered on May 27, 2024

If you are experiencing constant barking from dogs in a township outside of Troy, Ohio, this may indeed violate local noise ordinances. Many townships and municipalities have specific regulations regarding noise disturbances, including excessive barking from dogs. These regulations are in place to... View More

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