Ohio Recent Legal Answers from Lawyers

This is a very unusual situation. You have a discharged note that is giving you no credit for making payments on it but have been doing that for ten years. I speculation (I know, we shouldn't do that) is that the note was reaffirmed at some point, otherwise you would have a cause of action against the bank for unjust enrichment for accepting payments on a voided note.    I would contact your servicer and see if you can get credit for your payments over the past ten years.They may be able to report these timely payments to teh three credit bureaus, which will substantially increase your score.   Failing that, if this truly is not showing up on your credit report, which I think has a low liklihood, then there is nothing stopping you from applying for an additional mortgage as the currrent note no longer exists.... Read Answer

To answer this we need to know where the children are living. Divorce and child support are strange in that the jurisdiction of the divorce only requires a parent to live in a state or a county, but that is seperate jurisdiction from jurisdiction over teh children. If the children are staying with you in CA the majority of the time, it is likely that not only do CA courts have jurisdiction over the custody order, but that presumptively the court will want the children to stay in CA.   Let me know if I'm misunderstanding the facts here, but it sounds likely that you could simply file in California and move for custody there.... Read Answer

Because you are the presumptive father (you signed the birth certificate) you do not need to wait for child support in order to establish visitation. Instead, petition the court for an order for custody and to establishparental rights and responsibilities. If there is a risk of danger to your child from the boyfriend, you may also be able to move for a temporary custody order and support order. Based on his convictions alone most courts would award this. You may also need to move to have a guardian ad litem appointed due to the risk of danger to the child if they stay with the mother.... Read Answer

Have you gone before an Administrative Law Judge? If not, you should still continue the fight and make sure that all medicals are updated and all documentation is on file with SSA.   Attorney Scott Bocchio, Esq President Legal Rights Advocates P 855-254-7841 www.yourlegalrightsadvocates.com     ... Read Answer

Yes.  A waiver, particualrly a form waiver which is not negotiated and in connection with which the customer had no opportunity to negotiate, can only go so far.  As a general rule (not sure if Ohio is exactly the same) you can waive claims for negligence, but not for recklessness and certainly not for intentional acts.  In other words, if the mats are so slippery form recent sweat that someone slips and falls on them, the waiver may bar a claim.  If you get angry and intentionally knock someone through a wall, it will not. There are obviously a lot of areas in the middle where the outcome is not certain.... Read Answer

Take a look at Revised Code Section 2333.09. You can file a motion, and ask the court for an order that the debtor be brought in for an examination of the debtor's finances. Typically clerk's offices will even have a simple form you can fill out at the office and file immediately. This alone may be enough to get the debtor to pay. If it is not, the debtor still must show up to court where you can ask the debtor questions about what types of property and assets the debtor has, in order to eventually go after those assets. ... Read Answer

The short answer is yes, your business can operate in areas and types of business outside your company's stated business purpose. The longer answer is that this is generally known as the doctrine of ultra vires. An action by a corporation is considered ultra vires when it is outside the authority of the corporation. Thus, in jurisdictions that have adopted the ultra vires standard, any of these actions by a corporation are not binding, since a corporation cannot do more than it is authorized to do. Generally the ultra vires doctrine is a defense to an obligation owed by someone to a corporation.  However, Ohio explicitly excludes the ultra vires doctrine through R.C. 1701.13(H). This provision does not allow for any company to use the ultra vires, or outside of the stated business purpose, defense to void a contract or other obligation owed to your corporation.... Read Answer

To be appointed executor by a court, a person has to be named executor in the Will.  Location has nothing to do with it, though an out of state applicant may need to appoint an in-state representative (usually the probate lawyer). If the person holding the Will refuses to file it (a criminal offense in many states), your husband can simply hire a local probate lawyer to file an application to determine heirship (assuming that he is an heir).  If the Will gives the uncle more than he would get as an heir, he will likely produce it.  If there is no Will, the property will pass to a surviving spouse and children in preference to siblings. Uncle's threats may be empty.  Many states have an heirs' partition law which requires that heirs buy one another out at fair market value and does not allow shills to bid to deprive the heirs of the value of their inheritance. Talk to a probate lawyer in the county where the person lived and died.    ... Read Answer

This information is not to be viewed as either Legal Advice nor creating an Attorney Client relationship. You should consult with an attorney relative to your legal needs.    If you are not happy or satisfied with your counsel - Find a new lawyer. The attorney-client relationship is very important in coming to "just" results in a matter. ... Read Answer

This information is not to be viewed as either Legal Advice nor creating an Attorney Client relationship. You should consult with an attorney relative to your legal needs.    The lawyer is simply "appointed counsel". There are a number of great lawyers that are on the assigned counsel list with Courts throughout Ohio. ... Read Answer

This information is not to be viewed as either Legal Advice nor creating an Attorney Client relationship. You should consult with an attorney relative to your legal needs.    No one, with out more information will be able to answer your question. Please consult with a lawyer. ... Read Answer