Ohio Breach Of Contract Legal Questions

I don't know what the statute of limitations is on a breach of contract claim in Ohio, but most states have contract statutes of limitations of at least 4 years.  In New York, it is 6.  More important, the period does not fun from the date of contract, but from the date of breach, i.e. the date the money was due and he didn't pay.  If you can prove what you set forth above, you should have a case, but you're probably better off representing yourself.  You should be able to represent yourself even if the case is not filed in small claims court, but I'm very surprised, that the jurisdictional limit on the small claims court in your jurisdiction is only $3000.... Read More

Was the bar owned by an independent legal entity, like a corporation or llp?  If so, is the new bar owned by the same entity or a different one? The name of the bar is irrelevant; businesses change their names every day.  The ownership of the two bars, and the person or entity to whom you loaned the money, is critical.  If you loan money to a business owned by an individual, rather than to a busines owned by an entity (for example, Joes Bar can be owned by Joe Smith, or by Joe Smith Corp., which is a corporation wholly owned by Joe Smith), the individual owes you the money, and, assuming that repayment was not conditioned on the success of the business, still owes you the money, regardless of whether the business failed or whether he's operating another business now.  If, however, you loaned money to an entity which owned the bar (e.g. Joe  Smith Corp., or Joe's Bar LLC), only that entity, in most cases, owes you money, and if that entity goes out of business and has no assets, you're out of luck, even if the owner of the entity opens another business.  If, however, the entity owning the original bar opens another bar, even if it has a different name, it still owes you the money.... Read More

It may be possible to appear through an attorney.  Some small claims courts may even allow you to appear by a non-attorney representative.  However, if you don't appear to testify, how are you going to prove your case?  Even if you have admissible documentary proof of your claim, you would have to testify to authenticate the documents. Why don't you simply sue the magazine in Ohio?  If you contracted to perform services for the magazine in Ohio, and/or if the magazing has other contacts with Ohio, such as advertising in Ohio, having subscribers in Ohio, having advertisers from Ohio, etc., it may well have sufficient contacts for Ohio courts to assume jurisdiction over it (although you may have to file suit in a court of general jurisdiction rather than small claims court.)... Read More

Unless there is some agreement or statute authorizing you to you can place a lien against this property (I'm not aware of any statute that would authorize it in this case, and you don't mention any agreement), you have to sue your ex and get the court to allow you to file a lien (which may come only after you obtain a judgment in your favor, but you can ask for it sooner).  If you do sue, the fact that you "signed off" is going to be a problem, but you may be able to overcome that, depending on what the "duress" was that caused you to sign.... Read More

Had you defended the case back in 2008, you might very well have had a valid defense.  Six years later, however, it will be very difficult for you to have the case reopened (unless you can show that you were never properly served in the original case).  You might be able to do so if you can show a reasonable excuse why you didn't fight the case originally and only started to challenge the judgment now.... Read More

Your best course of action is to look at your lease.  If your lease says that you were supposed to pay the first month, last month, and deposit then, you the management company is within their right.  However, if the lease only states the first month and the deposit then, no the management company cannot now go and change the lease.  The lease is your contract, that will govern your relationship with the landlord.  For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com... Read More

I'm not sure I understand all of the circumstances here, and whether there was a breach of the contract or who breached.  In any event, however, even if the buyer breached the contract, it is very unlikely that a seller would be awarded specific performance because any injuries the seller suffered can be redressed by money damages.... Read More

Pursuant to Ohio Revised Code 2305.19(A) a plaintiff who voluntarily dismisses their lawsuit, pursuant to Civil Rule 41(A)(1), must refile within one year after the date of the dismissal or within the period of the original applicable statute of limitations, whichever occurs later.  So for example, the statute of limitations for a written contract is 8 years.  If you file a Complaint for breach of contract soon after the contract is breached but later dismiss the action without prejudice under Civil Rule 41(A)(1) you have the remaining 8 years to refile.  Conversely if you wait 15 years to bring the breach of contract action and then later dismiss under Civil Rule 41(A)(1) you will only have one year to refile the action.  ... Read More

Was there a written contract?  First, you mentioned that the job was supposed to last more than a year.  Pursuant to ORC 1335.05, Statute of Frauds, any contract that cannot be performed within one your must be in writing.  Based on your statement above, the job was supposed to be for more than one year and therefore could not be performed within the year; therefore there would need to be a contract for it is be enforceable.  Secondly, Ohio is an at-will employment state.  Therefore an employer can terminate employment for any reason or no reason at any time, provided they have not violated discrimination laws which does not appear to be the case here.  If there is not a written contract I do not believe you would have a cause of action for a breach of contract. ... Read More

Pursuant to Ohio Revised Code 2305.19(A) a plaintiff who voluntarily dismisses their lawsuit, pursuant to Civil Rule 41(A)(1), must refile within one year after the date of the dismissal or within the period of the original applicable statute of limitations, whichever occurs later.  So for example, the statute of limitations for a written contract is 8 years.  If you file a Complaint for breach of contract soon after the contract is breached but later dismiss the action without prejudice under Civil Rule 41(A)(1) you have the remaining 8 years to refile.  Conversely if you wait 8 years to bring the breach of contract action and then later dismiss under Civil Rule 41(A)(1) you will only have one year to refile the action. ... Read More

I think you're mixing apples and oranges.  An affirmative defense is a defense on which the defendant has the burden of proof.  Thus, in your example, if the defendant raised the defense that there was no contract, it would not be an affirmative defense, because it is the plaintiff's burden to prove a contract.  If the defendant raised the defense that the contract was unenforceable because it was procured by duress, however, that would be an affirmative defense, because it is the defendant who would have the burden of proving that the contract had been procured by duress.  A motion to dismiss on the pleadings (I assume you are referring to a pleadings motion; motions to dismiss can come at any time, and a motion to dismiss on summary judgment is very different than a motion to dismiss on the pleadings) can be based on either ordinary defenses or affirmative defenses, although they are normally based on ordinary defenses.  The defendant has the burden of proof on affirmative defenses, and usually cannot meet that burden on a motion based only on the pleadings.... Read More