Ohio Civil Litigation Legal Questions

Most likely not.  Very rarely will the Plaintiff be liable for Defendant's attorney's fees and vice versa.  Usually the only time a party will be liable for the other's attorney's fees is if there is a statute that provides for such or the other party's conduct is so outrageous the court order's it, that almost never happens.  As for court costs.  If the Plaintiff dismisses they are liable for the costs to date, which will usually be covered by the initial filing fees.  If the case progresses and settles, it is usually one of the terms in the settlement that one party or another pays the costs or the costs are split.    For more information visit us at www.Sylkatis-Law.com and www.LorainDivorceAttorney.com... Read More

I think you are asking about a pre-judgment attachement.  If so, that is covered by Ohio Revised Code 2715.01 et seq.  That code section outlines eleven reasons why you could file a pre-judgment attachment.  They are: (1) Excepting foreign corporations which by compliance with the law therefore are exempted from attachment as such, that the defendant or one of several defendants is a foreign corporation; (2) That the defendant is not a resident of this state; (3) That the defendant has absconded with the intent to defraud creditors; (4) That the defendant has left the county of the defendant's residence to avoid the service of a summons; (5) That the defendant so conceals self that a summons cannot be served upon the defendant; (6) That the defendant is about to remove property, in whole or part, out of the jurisdiction of the court, with the intent to defraud creditors; (7) That the defendant is about to convert property, in whole or part, into money, for the purpose of placing it beyond the reach of creditors; (8) That the defendant has property or rights in action, which the defendant conceals; (9) That the defendant has assigned, removed, disposed of, or is about to dispose of, property, in whole or part, with the intent to defraud creditors; (10) That the defendant has fraudulently or criminally contracted the debt, or incurred the obligations for which suit is about to be or has been brought; (11) That the claim is for work or labor. There are a few exceptions to the above listed provisions in the code section that you should also look at.  Additionally the code section explains fairly well what you need to do to request this type of action.  The code section can be found here: http://codes.ohio.gov/orc/2715... Read More

You may want to contact the Legal Aid Society, http://lasclev.org/.  I am not sure if they offer any free legal advice or representation on civil lawsuits, but they may be able to direct you to someone that is willing to assist you.   Another option you might want to look into is to contact some of the local law schools.  In the Cleveland area we have Cleveland Marshall College of Law as well as a law school as Case Western.  I know both have law clinics that assist people that are unable to afford an attorney, but again I am not certain if either handle cases like this, but it cannot hurt to try.  Best of luck.  ... Read More

If the jeweler induced you to buy the ring through false representations as to its quality, it committed fraud.  You would have the option to either rescind the contract (i.e. to return the ring and get your money back) or for damages (the difference between what you paid and the fair market value of the actual ring).  Although the ad may have been taken down from the website, you may be able to get a copy of it through the discovery process.  There are also some websites which store archived copies of other websites, and you may be able to get a copy off of one of those. You should carefully look at your sales contract with the jeweler, however.  It is likely to contain a "merger clause", i.e. a provision which states that the written contract is the entire agreement between you and supercedes any prior representations, oral or written.  Another clause likely to be found is one stating that neither party relied in any way on any representation not found in the agreement.  Such a provision could prevent you from claiming that you relied on the ad when you purchased the ring.... Read More

Provided that you have a cause of action and the coroner does not have immunity from civil suits, I believe that your "mental anguish" claim would fall under a claim of "intentional infliction of emotional distress" which is governed by ORC 2305.09.  That section provides that you have 4 years from the date of the incident to file a lawsuit. ... Read More

You can be sued, because anyone can sue anyone for anything.  If your comment was true, however, you are not liable for defamation.  You may be liable for breach of contract, however, if you had an agreement that provided, as some employment agreements do, that you would not disparage your employer for some period of time after leaving its employ.... Read More

if they want to drop it, all they would have to do is file a dismissal entry and the case is closed.  So if there is still a hearing pending, and you fail to attend, you could be found in default for not appearing, and the court could grant a permanent restraining order.  If you will be out of town, all you have to do is file a motion with the court for a continuance, stating that you will be out of town with the dates you will be gone, and requiring you to appear on the date of the hearing would cause you a financial hardship.  More likely than not, the court will grant the extension and reset the hearng for another date.... Read More

That depends.  Generally speaking, the so-called "Lemon Laws" only apply to brand new vehicles, not used vehicles.  So from that standpoint, no you do not have to refund the money. However, if you knew about a problem with the car and tried to hide it in some manner, you could be liable for fraud in inducing the sale of the car.  You have no duty to disclose problems which could be discovered by the potential buyer, but if you are aware of hidden problems, you may have a duty to disclose those. (i.e. a knock in the engine covered up so it couldnt be heard by a potential buyer). Also, it depends on whether the sale was "As Is" or with a warranty.  The law presumes that private sales are as is unless a warranty was expressly given.  If you said that you would warrant the vehicle for any given period of time, then you could have a duty to repair the vehicle or refund the money, so long as the defect was within the parameters of the warranty. (I assume you did not give a warranty, either verbally or in writing). Based upon the fact that you said you allowed them to test drive it, that leads me to believe that they were given a fair opportunity to test and inspect the vehicle before deciding to buy.  So long as you did not fail to disclose any information you had about hidden defect, you should have no duty to refund the money.... Read More

File a complaint with the local police department as a first step.  Then the prosecutor can decide whether to pursue a claim for theft, fraud, etc., especially if you arent the only one who has been victimized by this dealership.  Also, you could file a lawsuit against them for the amount of the check.  If it is less than $3,000, you could file your claim in the local small claims court, and save yourself some expense.  Most small claims courts are designed for citizens to litigate without attorneys.  If it is more than $3,000, you should consult with an attorney, as the rules are much different in civil court. Finally, I would recommend that you file a complaint with the Ohio Attorney General's Office through the Consumer Protection department.  Then the AG will also investigate and could pursue charges.  The AG's website has an online form for submitting a complaint, which can be found here: http://www.ohioattorneygeneral.gov/Individuals-and-Families/Consumers/File-A-Complaint.aspx Good luck.... Read More

Dear Kim:  If you have automobile insurance that provides for comprehensive/collision coverage or uninsured motorist property damage, then your best bet would be to contact your own insurance company and make a claim for them to repair your vehicle.  Once they pay your claim, they have rights to seek out the other driver and seek reimbursement from him.  Plus, if you have a deductible, your insurance company will seek to get your deductible reimbursed to you.  This is the easiest way, as it makes your insurance company do the work that you pay them to do, and gets your car repaired in a much more timely manner. If you did not have comprehensive/collision coverage or uninsured motorist property damage coverage, you will have a very tough road ahead of you.  You will have to find out who hit your car on your own, which will probably be next to impossible.  And until you know the other driver's identity, there is no one that you can pursue a claim against or sue.  If you do discover the other driver's identity, you can then contact him/her for their insurance info, or simply file a lawsuit against them for the cost to repair your vehicle.  Unfortunately, you are not entitled to anything more than the cost to repair or replace your vehicle, whichever is less, since you were not injured in the collision. Best of luck.... Read More

You have a very limited amount of time to request relief from a judgment entry against you, including a default judgment entry. A motion must be made to the court that issued the judgment within a reasonable time, but not more than one year after the judgment entry was entered per Rule 60(B) of the Ohio Rules of Civil Procedure.  In order for the court to issue relief from the judgment, you must state that you failed to timely answer the complaint/summons within in the time proscribed due to a mistake, inadvertence, surprise, or excusable neglect.  If you did enter an appearance in the case prior to default entry (by any means, such as sending a letter to the court, or filing anything) then you are entitled to a copy of the motion for default judgment at least 7 days before the hearing on the motion.  If you did enter an appearance, but never received a copy of the motion timely, you may have an argument to set aside the judgment. If you fail to timely file a motion for relief from judgment within the time period proscribed by the Civil Rules, it is too late.  You should seek the assistance of an attorney in your area who handles foreclosure defense immediately.  ... Read More

A plaintiff has the opportunity to dismiss his case voluntarily once with a right to re-file pursuant to Rule 41(A) of the Ohio Rules of Civil Procedure.  The case must be filed within one year from the date of filing the voluntary dismissal or before the expiration of the statute of limitations, whichever is longer per the savings statute found at R.C. 2305.19.  I would suggest you review both Rule 41 and R.C. 2305.19 before dismissing your case. The case is dismissed by filing a Notice of Voluntary Dismissal signed by you with the Clerk of Courts office. There is very specific language that must be included the voluntary dismissal, including that the case is being dismissed without prejudice, otherwise than on the merits, and with the right to re-file reserved.  I would suggest that you either obtain a sample to review, or consult with an attorney to ensure that you have the proper language.  Without the proper language, your dismissal could be treated as with prejudice, meaning you would not be allowed to re-file. Please note, you only get one voluntary dismissal.  If you have already voluntarily dismissed the case once (in any court), a second voluntary dismissal is treated as on the merits, and you would be barred from refiling your complaint.  It is strongly advised that you consult with an attorney to make sure you are eligible to voluntarily dismiss your complaint and that if you are, that you do so properly.... Read More

Yes, but it varies from state to state.  In New York, it is six years from the date the debt was due (unless a shorter limitations period is agreed to in the loan documents or some other agreement).  If there is no due date, it would be six years from the date the lender first demanded repayment. It may be a shorter period in Ohio.... Read More

Certainly. You can obtain a stay of enforcement of the judgment if it was wrongfully obtained, or you can pay the debt in full, or, under some circumstances, post a bond.  Your attorney can advise you which method is most likely to be helpful under the totality of facts applicable to your situation, which you do not provide.... Read More

As a general matter, when a law firm appears for a client, the firm may authorize any of its lawyers to appear in a litigated matter. You do not specify any manner in which you were misled or confused by this process. As a general matter, the defendant does not have any say in who will speak for the plaintiff.... Read More

It depends.  Was your appeal "dismissed" or was it heard and overruled?  If it was dismissed, then there may have been procedural defects with your case and it can no longer be appealed for jurisdictional reasons. In Ohio state court, you may apply for an appeal the case to the Ohio Supreme Court.  Such an appeal may be either a discretionary appeal, an appeal that claims to involve a substantial constitutional question involving either the U.S. or Ohio Constitution, or an appeal that originated in the appellate courts. In federal court, the court of appeals decision usually will be the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the U.S. Supreme Court to review the case.  A litigant who loses in a federal court of appeals, or in the highest court of a state, may file a petition for a "writ of certiorari," which is a document asking the Supreme Court to review the case. The Supreme Court, however, does not have to grant review. The Court typically will agree to hear a case only when it involves an unusually important legal principle, or when two or more federal appellate courts have interpreted a law differently. There are also a small number of special circumstances in which the Supreme Court is required by law to hear an appeal.... Read More

Only you can determine if it is worth it to file the claim.  How much does she owe?  Can she pay it if you get a judgment?  How likely are you to win (her written acknowledgement that she owes you two weeks suggests a good chance of winning that part of the claim, less likelihood of winning the third week) Can your claim be heard in small claims court, which generally has streamlined procedures and is less expensive and time consuming than a litigation in a court of general jurisdiction?  What is the filing fee for filing a case?  Will you have to pay a process server and, if so, how much?  Do you have the time to go to court?  Can you handle the case yourself, or will you have to engage a lawyer?  Did you handle everything correctly regarding her employment (there may be tax obligations, i.e. withholding, that you might have had to comply with depending on the terms of your babysitter's employment, and the fact that you paid her in cash suggests that you may not have complied with them)?  These are some of the questions you should ask yourself before determining whether it is worth it to you to litigate.... Read More

Whether or not you receive any money from the proceeds of the sale depends on how many liens are ahead of you, the value of these senior liens, and the amount of proceeds generated from the sale.  The senior liens get paid off first which may or may not leave anything left over for you.   Simon W. Johnson   swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia, LawGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read More

Each side gets to submit instructions which they would like read to the jury at the conclusion of their trial. The instructions are submitted to the Judge and he determines what is to be read to the jury. Jury instructions generally explain legal concepts or theories as well as tell the jury how they should consider such evidence. When you submit the instructions to the judge they are merely "proposed" since they have not been decided on by the judge yet. Each side wants their instructions read since generally they favor their client. So when it states "proposed jury instructions of defendant" it means the instructions the defendant submitted to the judge for the judge to consider reading to the jury. If you are at this point where you are headed to trial or are currently in trial I urge you to get counsel as soon as possible.... Read More