Ohio Civil Litigation Legal Questions

Generally speaking, a business is not liable for the criminal actions of another person.  It all comes down to negligence usually.  If the bank did not have adequate security, or otherwise failed to provide a reasonably safe place for you to conduct business, then they may be partially liable.  I recommend sitting down with an attorney for a detailed review and discussion about your options. Best of luck.... Read More

Hello Kelly.  Unfortunately, you're going to need to sit down with an attorney for a clear answer to your question.  Creating an "estate" does not make sense, and it misuses legal terminology.  A detailed analysis of your situation is required before anyone can tell you what your rights are. Best of luck.... Read More

From the facts you provided, it does not sound like it's stalking.  You seem to be taking the appropriate actions.  Threats of violence may rise to the level of criminal "menacing." (O. R.C. 2903.22)  You may want to reference this when speaking with law enforcement.  As for any more detailed advice, I recommend sitting down with an attorney for a full consultation.  Best of luck.... Read More

It sounds like a breach of contract issue from what you describe.  You may want to retain an attorney to pursue this issue for you.  Otherwise, I don't see a specific question being asked here.  If you want a general, "what should I do" question answered, you will need a full consultation with a lawyer before we can tell you.  It's all in the details. Best of luck.... Read More

It sounds like you have taken significant steps on your own with limited success.  From here, you will probably be best served by retaining an attorney to represent you.  I suggest finding a real estate attorney in the county where the property is located to investigate, review the situation with you in detail and advise you. Best of luck.... Read More

Noise ordinances are often handled through the local municipality.  You can check there to see what is permitted.  There may also be zoning issues to consider.  Ultimately, whether or not you have a viable cause of action against thei business is going to require a more indepth analysis.  I recommend sitting down with an attorney in your area to review and advise you. Best of luck.... Read More

You do have some privacy rights, even more so in a restroom.  I'm not sure why law enforcement did not pursue the issue.  You may want to follow up with them or contact another law enforcement agency with concurrent jurisdiction (city & county, e.g.).  It sounds like you may be well served by hiring an attorney to assist you with this matter.   Best of luck.... Read More

The facts are a little unclear from your question.  Was she in the vehicle fleeing from law enforcement or just an innocent bystander?  Officers may or may not have been justified in firing on the vehicle.  Ultimately, "what can I do" is going to be too complex for this type of forum.  You need to sit down with an attorney to review the entire case in detail and advise of you of your options.   Best of luck.... Read More

I'm sorry, this is not aksing a question.  If the facility was in Kentucky, then Kentucky law would govern.  From the facts provided, it appears as though you are questioning if you have a legal cause of action against the company.  It the business still exists, the answer is maybe.  If the business is gone, and any times to wrap up outstanding claims has run, then you likely have nobody to sue.  You also need to think about statute of limitations issues.  I suggest finding a Kentucky attorney to meet with you remotely and review your situation. Best of luck.... Read More

I'm sorry, the facts presented do not ask a question.  If you are seeking a legal opinion as to whether or not the facts presented establish a valid cause of action, there are too many unknowns at this point.  It sounds like your case would be difficult to prove and likely not worth the cost and expense of a formal lawsuit.  That being said, you are certainly within your rights to consult with legal counsel for a full review of your situation. Best of luck.... Read More

Hello David.  The facts posed do not ask a question.  If you are seeking a legal opinion as to whether or not your situation presents a valid cause of action to pursue on your behalf, there are too many unknowns from the brief facts given.  You should obtain a copy of all related legal documents and sit down with an attorney in your area to review your situation in detail, and discuss your options. Best of luck.... Read More

You can sue her for defamation and seek damages as well as an injunciton preventing her from making any future false accusations.  Defamation cases are difficult to win, but suing her may bring er to recognize that she can face serious consequences for any repeat wrongdoing.  Perhaps as in interim measure before you go to the expense and hassle of starting a lawsuit, you could have an attorney write her a letter warning her that she will be sued if she doesn't stop.  If you do decide not to file a lawsuit now, you should know that defamation has a short stature of limitations,  I don't know what it is in Ohio but, for example, in NY you would be barred if you tried to sue more than a year after the defamation.)... Read More

If the total amount of the contract was under $25,000.00, then this is an excellent case under Ohio's Consumer Sales Practices Act, which provides for treble damages and attorney fees. Most consumer lawyers would take a case like this on a contingency basis, so you would not pay out of pocket.... Read More

Until you are served with a subpoena it has no power or authority. Service is typically made by certified mail, but can also be done in-person by a process server or sheriff. Her emailing you a copy of the subpoena is not sufficient service and has no force of law.     Until you are actually served, you can ignore the subpoena. If you want to be extra safe, contact the admin's counsel and have them file a motion to quash the subpoena, which will stay its enforcement until the court rules on the motion.... Read More

Unfortunately, there is no civil cause of action for online harassment that does not rise to the level of physical threats. There is a criminal statute, R.C. 2917.21, which governs online harassment, which you may qualify for if the contact escalates.As to sending a letter in response, an attorney can certainly mail a response, and this may have some effect, but know that the threat of civil litigation by an attorney from her is incredibly small.... Read More

You probably can't yet have the case dismissed. That only happens when you file a motion to dismiss the complaint and there isn't enough information here to determine whether that can succeed. What you can probably do however is move for a default judgment. That's when the other side does not timely answer, and you win because they failed to do so.   There are service requirements that make default tricky, so as always check your court's local rules to see what their requirements are for default judgment. The Court could also have an active tolling order due to covid that could make this difficult. Check to make sure that the time to answer for the other side hasn't been postponed.... Read More

It depends how the initial contract was structured. In Ohio, a minor CAN take title to a car with a guardian's sign-off. R.C. 4505.031 (http://codes.ohio.gov/orc/4505.031). It sounds like that's not what happened here. It sounds like your mom bought a car and let you use it so long as you made regular payments on the note.    This is going to come down to not whether you are a minor but whether you are actually on the contract/title. If the answer is no, then that was never your car to begin with.... Read More

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 More

No, unless the texts were privileged, i.e. if they werer made to an attorney in the course of legal representation, made to a spouse, etc.  The "expectation of privacy" concept applies to government searches in the course of a criminal case, not private civil litigation, but even if it did, unless the person to whom you texted has a legal obligation to keep your texts confidential, you can have no expectation of privacy in communications you sent to a third party.  Assuming that the texts are relevant to the issues in the employment litigation, your relative will have to produce them.... Read More

Yes there is a statute of limitations on every civil claim, but it differs by cause of action and state.  I don’t know what the Ohio statute of limitations for breach of contract is, but in most states it is either 4 or 6 years from the breach.  In many cases there is no need for a written, contract, an oral one is sufficient, but harder to prove. ... Read More