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Ohio Small Claims Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law and Small Claims for Ohio on
Q: For small claims court, do you need to print text messages or can you show them on your phone during mediation?
Tim Akpinar
Tim Akpinar
answered on Jan 10, 2024

An Ohio attorney could advise best, but your question remains open for two weeks. It could be best to print them, so that there can be a copy for yourself, the other side, and the judge. Since copies of printed text messages and emails can be regarded with suspicion as a general premise, it would... View More

1 Answer | Asked in Small Claims and Banking for Ohio on
Q: I just found a check (securty deposit refund) issued to me in May of 2022. Can I still cash/deposit it?

Check was issued by my previous landlord company, an LLC. It is labeled Void after 90 days.

Tim Akpinar
Tim Akpinar
answered on Dec 27, 2023

An Ohio attorney could advise best, but your question remains open for a week. Most checks are good for about 180 days, unless fine print on the check to the contrary (90 days, etc.). May 2022 is about a year-and-a-half at this point. It could be up to your bank, unless the issuer cancelled it... View More

1 Answer | Asked in Small Claims for Ohio on
Q: I bought a car from my cousin and she won't give me title unless I pay more than agreed

I bought a car with written texts it was 2000 plus I had to pay to fix several things also in text, she made escuses on the title and 2 months later now is telling me I have to pay her 2000 more. Is there a way to fight this?

Todd B. Kotler
Todd B. Kotler
answered on Nov 17, 2023

File a complaint in small claims court for breach of contract and print out the texts and attach them as an exhibit. When referring to the contract make reference to the exhibit. Also be sure to show how you paid and how the cousin received the funds. Hiring an attorney would likely take every... View More

2 Answers | Asked in Civil Litigation and Small Claims for Ohio on
Q: What needs to happen in order for a legal form to have been witnessed as delivered?

I've been asked by a friend to witness delivery of a legal form, and we'd both like to know what the legal process is to make sure I, as witness, can confirm delivery, or if there's an official that needs to be hired/present during the delivery of the form

T. Augustus Claus
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answered on Nov 16, 2023

For a legal form to have been witnessed as delivered, a witness must sign and date the form, acknowledging that they have seen the delivery to the intended recipient. The witness should also print their name and address on the form. In some cases, the witness may also be required to provide an... View More

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1 Answer | Asked in Real Estate Law and Small Claims for Ohio on
Q: I received a summons of HOA fees that I paid to our new Management company. The old management company is suing me

We received a letter stating that we would be switching from Barnett Management to Continental Management. We paid Continental and I called Barnett to confirm the change. I was blindsided by the summons and didn't realize I owed anything to Barnett as I was told to pay Continental. I never... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Nov 15, 2023

You have a defense of payment (Accord and Satisfaction). The HOA will assert that you were late in payment and never paid until the law firm was engaged and you received the complaint. The ability to demonstrate the timing of your payment will be critical to your defense.

I believe that...
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1 Answer | Asked in Small Claims for Ohio on
Q: My ex Has been moved out. Over 3 years It's been in text and person for her to come get her belongings can she sue me
Linda  Malek
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answered on Nov 3, 2023

Hello. Always take a look at your written lease as that governs a lien Aunt agreement, and what each party can do. Usually there would be a clause in that agreement discussing abandonment of property. It seems as if three years is a long time to wait to get items and therefore I would consider them... View More

1 Answer | Asked in Civil Litigation and Small Claims for Ohio on
Q: My question is, can they do that? Agree to $85 being the amount repaid, and then demand an additional $200 or be sued.

I was working for a pet store/supply company, and stole $85 worth of merchandise due to financial issues I’ve been having. I apologized, admitted to my wrong actions, and even agreed to pay back the $85 which is the amount a cooperate representative of the company agreed was the correct amount... View More

Matthew Williams
Matthew Williams
answered on Nov 29, 2022

First, yes, they can sue you. There is a statute that allows merchants to sue for statutory damages of $200 from thieves to help defray the costs of loss prevention. But they probably won't. They simply cannot win enough money to make it worth the time. In many courts it costs more than $200... View More

1 Answer | Asked in Criminal Law, Sexual Harassment and Small Claims for Ohio on
Q: In ohio the age of consent law is 16yd, if a 21+yd did anything sexual with the 16yd would it still be legal?

So I'm 23 matched with a girl on a dating app at first she said she was 23 we get off the app talked for a few days over the phone once said she was 16 then other time said she was 17 and 2 sexual was shared well a few hours ago "her father" called on the number we was texting on... View More

Matthew Williams
Matthew Williams
answered on Nov 17, 2022

This is most likely a scam aimed at trying to scare you into giving them money. That said, while the age of consent in Ohio is 16, an adult who engages in a sexual relationship with a minor is taking big legal risks. First, any pornographic images of the minor are highly illegal child pornography.... View More

1 Answer | Asked in Probate and Small Claims for Ohio on
Q: If I missed filing probate for my father's things can I take someone to small claims court?

My father died about 31yrs ago. At the time I didn't know probate law the way I know it now so I didn't know that I only had a certain amount of time to get my father's things. His girlfriend at the time was upset because she found out he was cheating on her when he had an aneurysm... View More

Nicholas P. Weiss
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answered on Feb 14, 2024

There is almost no chance of you recovering his belongings after 31 years of no action.

1 Answer | Asked in Foreclosure, Personal Injury, Civil Rights and Small Claims for Ohio on
Q: I have a question about property damage due to my neighbors shed burning down do u have free consultation

recently my neighboirs shed burned down. and as a result my truck that was parked on my proerty was burned and totaled. the gentleman the own the houyse had recently died and left the house to his daughter who didnt pay insurance and doesnt check on the property even once. she also hyasnt paid the... View More

James L. Arrasmith
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answered on Nov 24, 2023

In a situation like yours, where your property was damaged due to your neighbor's shed burning down, you may have grounds for a claim. Since the house is inherited and the current owner has not maintained insurance, this complicates matters, but it doesn't necessarily mean you have no... View More

1 Answer | Asked in Medical Malpractice and Small Claims for Ohio on
Q: How do I go about filing for a pain and suffering insurance claim on a doctor who did a surgery that was not permeant?

Caused a bladder injury during a hysterotomy. A hole the size of a nickel. In which resulted in having to have a Cath for a full month and infections. Now I am having to deal with pain in the incision site in which is preventing from being able to fulfill my duties as a STNA (State Tested Nurse... View More

Nicholas P. Weiss
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answered on Oct 25, 2023

Medical malpractice is incredibly specialized. Do NOT try to do this yourself. Contact a medical malpractice attorney who can reserve your rights to a claim.

Q: If my job doesn't initially test for THC but than an accident occurs and THC comes up is it legal terminate/suspend you?

Basically we don't initially get drug tested for THC until an accident occurs and if THC comes up they either terminate you or fire you depending on who you are is this legal?

Nicholas P. Weiss
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answered on Jun 8, 2023

Yes. Ohio employers may terminate for THC in your system. There are no protections for employees in Ohio for use of marijuana, even medical marijuana.

1 Answer | Asked in Small Claims for Ohio on
Q: Does loan agreement have to be in writing or made explicitly for me to win a claim for an unpaid loan?

Someone has not a paid a loan back and we verbally agreed that the money I gave was a loan. I do however have multiple text messages of the other person saying they will pay me back the specific amount of money they owe me, showing proof that there was an agreement in place that this was a loan. If... View More

John Michael Frick
John Michael Frick
answered on Apr 1, 2023

With the text messages you claim to have, probably.

People sue on oral agreements all the time and win. Email, text messages, sms messages, social media posts, and recordings are all useful evidence to corroborate what was said.

1 Answer | Asked in Small Claims for Ohio on
Q: Is the statute of limitations to sue in small claims court based upon when the crime took place or when discovered it?

I helped a friend open a boutique about two and a half years ago. I created several custom pieces for the shop and donated a bunch of my unsold merchandise on consignment. She spent the next year selling things out from under me without me being aware and badly damaging everything that was on... View More

Nicholas P. Weiss
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answered on Feb 9, 2023

Ohio has a statute of limitations for breaches of written contracts of six years (R.C. 2305.06); and for breaches of oral contracts for four years (R.C. 2305.07). You are within the time limit to bring a claim.

1 Answer | Asked in Products Liability, Consumer Law and Small Claims for Ohio on
Q: I need a lawyer for negligent work done to my vehicle & insurance paid for parts that were never replaced.

Nov ‘21 my car was in an accident that caused the whole engine to be replaced, radiator & battery. Jan ‘22 I received my car back & a week later the serpentine belt came off 2 times in 2 weeks. Nov ‘22 I hit a deer on my way to work. I received my car back in December ‘22 &... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 18, 2023

I am working on several cases similar to this. I need to learn a little more.

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Ohio on
Q: I'm being sued by a creditor I filed an answer with the court myself now I have a pretrial date coming very soon.

I can't afford an attorney and my legal aid consultation appointment is after the pretrial, that's the only date they had available. What defense can I use to stop them from garnishing my paycheck? I feel as though this company lied to the court in their filing they claim that they have a... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 23, 2022

Nobody can help you without reading the pleadings and examining the file. Maybe you can buy 30 minutes of an attorney's time before the pre-trial.

1 Answer | Asked in Car Accidents and Small Claims for Ohio on
Q: What's statue of limitations on property civil lawsuit. I was hit with no insurance in 2019.

I was hit in 2019. No insurance. She fake called the law and said they wouldn't come bc it was on private property and gave me false insurance and wasn't able to have car repaired til Dec 2021 and it cost me 5000 alot more than I thoight from the get go. Was told cops o had to have her... View More

Nicholas P. Weiss
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answered on Nov 9, 2022

Negligence cases have a two year statute of limitations in Ohio.

1 Answer | Asked in Real Estate Law and Small Claims for Ohio on
Q: neighbor is blaming us for breaking there fence and we have no idea what happen when the house has been empty

THEY ARE WANTING US OT PAY 1440.00 TO FIX THERE FENCE THEY ARE JUST ASSUMING THAT WE BROKE IT, ARE WE REQUIRED TO FIX IT

Joseph Jaap
Joseph Jaap
answered on Sep 21, 2022

You would only be required to pay if they sue you, present valid evidence and testimony in court that proves you caused the damage, and get a judgment against you in small claims court. But even if they don't sue, neighbor disputes are difficult to resolve, and can escalate, sometimes... View More

1 Answer | Asked in Collections, Municipal Law and Small Claims for Ohio on
Q: Flying a drone, gets stuck on top of commercial building, property manager has to pay get it down, do I have to repay?

I got the drone back, said he may have to charge me because his crew may charge him, I may not be properly licensed but was not near any controlled air space.

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2022

An Ohio attorney could advise best, but your question remains open for two weeks. Until you're able to discuss with a local attorney, nationwide such a situation would usually be on the drone operator. If the crew is regularly up there to check equipment or perform maintenance, they could... View More

1 Answer | Asked in Divorce, Family Law and Small Claims for Ohio on
Q: My ex and i have a suv together. He took it from me while i was at work. Can I take it back in the same manner?

4 years ago we bought the suv together. 2 years ago I found him cheating, and kicked him out. He kept the car we paid off, and I drove (and paid for) that one. The other night I was at work, and he came and took the car. He sent me a text message saying he had it and to not report it stolen. He... View More

Joseph Jaap
Joseph Jaap
answered on Aug 1, 2022

It depends on if he is an ex-boyfriend or an ex-spouse. If he is an ex-spouse, then the divorce decree and property separation agreement determine who gets the vehicle. But an unmarried couple does not have the same legal process for dividing a vehicle as in a divorce when they split up. If he... View More

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