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Found 78 results

  1. Are there any court cases which support a change in visitation. There are other issues that would allow a change in visitation than the ones listed on this site. (ie) emotional disorder of custodial parent
  2. I recently was terminated from my job because my vehicle broke down and I did not have any alternate transportation to the job site. In my opinion, this is beyond my control? Can I claim Unemployment benefits because of this? \State is Ohio
  3. I was recently terminated via a voicemail message with no specific reason for the termination. State is Ohio. Is this legal?
  4. I have never been treated with more disrespect from a business owner in my life and had I thought about it before he began cussing and yelling at me I would have recorded the whole thing because I literally can't put into words the unprofessionalism that has been portrayed tonight. Last Monday, February 6th, my boyfriend and I purchased a car from them. By the end of the loan process we signed papers with conditions of the loan that we agreed upon. We were told that evening that the car was new to the lot and hadn't had the standard maintenance that's typically done before a car goes on the lot so we scheduled a time to take it in Friday to be serviced. Friday afternoon I got a call from them saying that the Jeep was ready to be picked up and asked if both my boyfriend and I could come in to sign some papers when we picked it up... we assumed that it was a statement of the repairs that had been made to the vehicle.. I had a break that afternoon but assumed that it should be a quick transaction so we stopped in on my way back to work. We waited about half an hour before the manager finally came in to talk to us only to tell us that our loan didn't go through- lack of credit history bc we have never had a car loan but that's another rant in itself- I digress, we were told that we would either need to put another $1300 down on top of the $1500 we initially put down or we would need to find a cosigner.. well obviously we needed time to think about this, we didn't sign any new contracts, and they agreed that we would come back the following day. As my boyfriend went to drive it off a lot he noticed that the brakes were grinding and they hadn't been before it was 'serviced'. He pulled back in and let them know about that issue to which our sales person replied "oh, did you hear that too?". Before he made it home four other lights came on on the dash. Saturday I text them saying that I had a potential cosigner but wouldn't be able to make it in until Monday to look over the new terms of the loan. Monday our salesperson was sick and we hadn't completely made up our mind on what we were doing so we agreed that we would be in the next day. On Tuesday I let them know that we were going to go another route due to the issues with the loan and the constant problems we've had with the car since we took it off the lot and that we would clean out the car and return it Wednesday. Despite being told that we no longer wanted to purchase the car they continued to run numbers after we were originally told that we needed more money down or a cosigner and to our knowledge those were our only options. Last night we took the car back in expecting to drop it off and get the $1500 that we put down back considering all of the maintenance issues and the fact that the loan wasn't approved with the terms that we signed on. After being told that we wouldn't get our down payment back and several attempts to convince us to put that money towards another car (we had already secured another loan though my bank) I demand to talk to the owner. This was a joke. He spent an hour telling us how he was fair and how he always wanted customers to walk away and be able to tell others about the good experience that they had but that we needed to be fair too. At the end of our meeting he asked what I thought would be fair for him to take out of our down payment now claiming that he may have missed potential buyers while the vehicle was in our possession. I told him that he could take $50 out for the 50 miles I may have put on the car in the week but that I wasn't going to give him money for a vehicle that I felt unsafe driving. I left with him telling me that he was going to put the loan through without our consent even though we had clearly stated that we did not want the car, screaming at me to "take my ****ing car and get the **** out of his office" and even running outside to flip me off as we left the parking lot. We left the car and the keys there. I have never seen a business owner act more childish in my life. I am in shock and utterly appalled at the way I was treated by this man. All of this because I expected to get my $1500 down payment returned on a car that I drove for a week and had nothing but problems with and he didn't think that was fair to him because "this isn't Walmart and you can't just drive my car for a week and then return it and get your money back." I should add that I have since contacted the bank that our loan was through and explained the situation.. I told them that he was threatening to put the loan through without our consent just to spite us and was told that my loan was denied and that he would not be able to put it through. We went in to speak with him again this evening in hopes that he had changed him mind and that we wouldn't have to go the legal route but and was once again told that he will put our loan through, even stating "call my bluff, I dare you" when I told him that it was illegal for him to do so. I have this evenings meeting with him recorded. This man is a psychopath. What kind of lawyer do I need and can I sue for pain and suffering as well?
  5. I was pulled over by a sheriff and was told that that I was receiving a ticket for driving under suspicion.the car was towed and I was released but was never given the ticket.im not from that county so I now do not know where to go for court or the actual content of the ticket.can this be dismissed?
  6. So my question has a couple of parts. 1. Are late fees treated differently depending on what they are attached to? (Rent, Credit Payments, HOA Fees, etc) 2. Are there limitations to how much you can be charged in late fees? Here is the context. My HOA is charging me $30 per month on a $330 yearly fee. The attorney is assessing $75 every time they send me a letter and any applicable court costs. They are refusing to answer or return my phone calls, wanting to only communicate via mail or email. (Presumably to continue charging me $75 per letter.) At present, they are claiming I owe $1,433.00. Before anyone posts, I'm aware that I would have zero late fees if I had paid on time. I'm also not contesting the attorney or legal fees.
  7. Hi, I have a tenant that has avoided paying rent for a year now by filing repeat BK 13. Finally got an order to lift stay and the trustee got the last one dismissed and also had a motion to barr him from filing anymore BKs. Well the judge ordered he was barred and case dismissed and I could go on and get a writ of possession finally, He is barred from filing further petitions of BK the judge ordered in those words. But he had always filed a chapter 13. Is there anyway he could go back and file a different chapter, like a 7 just to get more time in my unit? Or since the Judges exact words are barred from filing further petitions for a year he is finally done and cannot use the BK law to avoid staying rent free anymore. I know it seems pretty straight forward what she ordered, I am just paranoid he will find a way around it to file somehow again. Thank you for any replies!
  8. My husband and I separated in 2000. We have been married 32 yrs. No legal papers yet. He works for Ralston Purina (Benco), had a stroke and will be quitting or retiring. I don't know if there is a retirement, etc for him. Hes been there 34 yrs. How do I find out if there is retirement or some other kind? He is saying we are no longer married, which is not true (?).
  9. 2 part question. (1) If someone gets a restraining order against you can you get one against them. (2) If one court has jurisdiction where an alleged offense took place but the restraining order came from another court, would it still be legal and binding.
  10. A friend of mine is pregnant, and she informed me that as soon as she found a family, that she was going to adopt her unborn child. She lives in Virginia, and my husband and I live in Ohio. She and her husband have decided to adopt the child out to give it a better life. Would they be able to just sign their rights over to us (I'm sure it's not that easy...) as a direct placement or would we still have to go through a formal adoption process?
  11. My mortgage company messed my escrow acct up by paying my house insurance with my escrow money when only the property taxes are paid from it. After my insurance co. Reimbersed the money they did a escrow analysis and said my payments increased due to escrow shortage. I have paid the same payment and have bank records to show we are not behind never missed payment. Since their mistake caused it to go up they are saying we are behind in payments
  12. I leased a car form a major manufacturer's in house credit corporation through 2012. I paid all payments and amounts called for in the contract and returned the car when it was due. Prior to returning the vehicle, I received their lease return brochure which I used to evaluate excessive wear and tear per their definition. A month or two after the vehicle was returned, the leasing company sent me a letter requesting $818.98 for excessive wear and tear, including a report which reported to detail the wear and tear but the photographs did not show the minor scratches and stains that they called-out, and which I had believed fell within the criteria of their own return guidelines. I wrote to them and disputed their wear and tear charges. We exchanged several letters and they turned me over to a collection agency that repeatedly sent threatening letters, called and threatened me and my wife, were rude and obnoxious. Every time I received a call or letter I wrote to the leasing company and disputed the charges, advised that as the charges are disputed they cannot pursue this as a debt collection matter. This went on for 6 months or more, they never wanted to go to court to resolve the normal wear and tear dispute, so they eventually lost interest. Later, they filed a 1099-C showing that they had forgiven an actual debt of $767.20 (Original amount less sales tax), but I had never agreed to this charge, was fully solvent and capable of paying, but I disputed the validity of the charge. The IRS is now demanding that I pay an adjustment on my 2012 Federal Tax return for this 1099-C; I wrote to them and explained the situation, to which they said I needed to get the leasing company to send a revised 1099-C or a letter clarifying the issue. Two Questions: 1) I am not expecting cooperation from the leasing company (I have since bought or leased several more cars, never even considering one of theirs). Do I have firm ground to back-up my claim that they improperly filed a 1099-C on this disputed charges issue? 2) The IRS had another issue they corrected on my return, and I did not dispute that issue and remitted payment immediately. However, they are not recognizing my payment on the undisputed tax items unless I pay all the taxes they demand including this 1099-C issue, which I have been disputing with them as well. We are not talking about a lot of money here, but it was a matter of principle, and I felt this was a case of big corporations putting the screws to consumers with trumped-up excess wear and tear charges as we were in an economic recession. By the way, the transaction took place in the State of Ohio, but now I live in the State of Florida.
  13. Several family members invested in what now appears to be a ponzi scheme. The schemer was forced into bankruptcy and a trustee was assigned 2 weeks after the order of relief. The person forced into bankruptcy has been charged over the ponzi but not gone to court yet and won't till next year. The feds have all the financial paperwork from the scheme and won't release that to the trustee till after the trial. The trustee has filed extension to object to any exemptions the person might file, since he hasn't filled out a schedule C, the US Trustee has also filed a objection to discharge. Extension for the exemptions and the ability to object to discharge have been granted. However this has been going on for 2 years. Does the statute of limitations of 2 years after the order of relief stop the trustee from filing claw backs. Some family members got back more then they invested and others didn't. Those that got more want to help out family members who didn't but feel they can't with the threat of claw backs over their heads. Does the 2 year anniversary of the order of the relief statute of limitations get extended because the criminal case?
  14. I was divorced in 1999. He was given a 3 year financial reprieve from paying support. I was under the impression that at the end of 3 years, my attorney...the courts...child support would send notification that it was time to being support. Never happened. He didn't pay day care expenses, he didn't pay insurance, and he never paid child support. Now, my daughter is over 18 and I'm told there is nothing I can do to collect that support. One attorney said I can't do anything...one attorney told me to contact the city Prosecutor since the amount is well over $60,000 and could be considered a felony case. I find it hard to believe that he will actually get away with never paying a dime - and there is nothing that can be done!!!! Any insight would be appreciated.
  15. What should I do if I believe a defendant was unfairly sentenced? The Judge stated he was making an example of the defendant at his sentencing hearing, gave a first time offender with no record the max sentence when the prosecutor wasn't even asking for jail time and wouldn't allow any letters written o/b/o the defendant read in court nor any of the 20+ people present to speak.. He also made inflammatory statements about the defendant that indicated premeditation! The paid defense lawyer charging $750 an hour made no objections and no attempt to stop the proceedings at any point. The defendant is now serving ten years when jail time wasn't even an option - or so he thought. I know appeals are always an option, but I want something to be done NOW - not when the ten year sentence is almost served out and the family having to pay thousands more in legal representation!
  16. Judge stated during hearing he was making an example of the defendant and also made some pretty wild and inflammatory accusations about the defendant having "worked for 15 years to get himself into this position" to commit the crime of which he was charged. The Judge wouldn't allow any of the 37 letters written on behalf of the defendant to be admitted or any of the 25 people present at the hearing to speak on his behalf, but allowed a letter allegedly written by the victim to take 25 mins of the hearing to be read aloud. The victim wouldn't testify against the defendant, defendant has no record in Ohio or elsewhere yet now sits in prison on a first offense for ten years when no time was even on the table or a possibility when he walked into court the day of his hearing.. Is this normal? Is there any action that can be taken against the Judge for vindictiveness or something similar? What about the paid defense lawyer who raised no objection to any of these matters during the sentencing hearing?
  17. My son wanted his case to go to trial so he could prove his innocence, but the prosecutor offered him a deal at first which was 3 years in prison, my husband and I knew he was innocent so we advised him not to take that deal!! We all spoke with his attorney and we told him the only way we would allow are son to take a plea deal is if it had no jail time PERIOD!! So his attorney came back with a deal from the prosecutor stating they would give him no jail time but his charges would have to be amended to aggravated assault and 3-5 years probation. So my husband told him to take the deal and when he went to court for his final sentencing deal, which was supposed to let him know about the exact time of probation and the terms of probation, the judge hit him with 1 Year in PRISON!! The person's family who brought him up on these charges worked for the public defenders office and the step father was a LT. at the Sheriffs Office in the county jail. We tried to get him a private attorney and we gave him $500.00 as a retainer but he literally did nothing but give us advise. He did not pick up the phone for anything to help my son. There was a warrant issued for him, from the county where the alleged victim stated this happened, and he lived with us in another county. We received a phone call from his girlfriend stating their was a warrant for his arrest, because they came to her house with police surrounding her house telling them they needed to send my son out or they were going to come in by force. Her family all came to the door and said search our house he doesn't reside here. Minutes later she called us and he had his keys in hand to head back to that county to turn himself in, when the police from our county came to our door picked him up and took him to jail until they transferred him back to the original county. But they let us bond him out until his court date in the other county took place. We bonded him out on a Thursday or Friday. The bail bondsman told us to have him report to court in the other court no later than Tuesday. So we did, my son in law went with him since he lived in that county and they found out he had another warrant for failing to show up for court on Tuesday while he was in another county on the same charge. So they gave him a number to call and asked him to bring the paperwork showing he was in jail on the same charges regarding the same case and asked him to bring all the paperwork on Friday that week so they could have the warrant lifted. He reports to court (his lawyer did not show up) with his father and all the paperwork gave it to the person I spoke with on the phone.(The Bailiff) and while what they thought they were waiting on was release of the warrant was a lie!! They brought 2 Sheriffs in and arrested him on the spot. So once again we had to bail him out with another Bail Bondsman. So then I called the prosecutor and explained the situation, we would of been able to use the $3.000 dollars for the attorney but that's what we had to use to bail him out with the bonds man twice. Now he needs a public defender but this whole case needed to be transferred out of county due to conflict of interest. She stated they could find him an attorney out of county and a new judge who was not affiliated with knowing the alleged victim's family. So when they assigned his attorney to him I felt good about him. I asked him about transferring the case out of county and he said everything seemed pretty good on his end. He stated he believed in my son's innocence and he also stated he could feel just how the family was literally out to make my son sere time. So what we thought was going to be probation turned into a TRUE CIRCUS RING!! I believe my son was set up twice now. First when they arrested him when they said they were going to drop the warrant now the final sentencing which both as everyone knows if you have ever been to court ALL PARTIES have to agree to the deal before it is ever brought to the other party including the judge. They got there and the mom showed up with about 30 people including the step dad (IN UNIFORM) and as the judge started to talk he stated my son's deal was revoked and he would have to serve 1 year in jail but the one month he already served would count on his 1 year sentence as if that would soften the blow? His attorney stated in 40 years of practice he has only seen a judge change the sentence and that was on a misdemeanor. That still does nothing for my son in this case!! He said he was going to file for Shock Probation, but my son found out before his attorney did they do not do Shock probation in Ohio, he also said he was going to file for judicial release but that does not take effect until he goes to his primary prison which could take up to 6 months to a year. The only good thing that is coming out of this is that since he is serving less time then most of the other offenders and he will be offered things to do to better himself before the other people their serving longer sentences, for instant church, education, and becoming a trusty to work in prison. Has anyone ever heard of this happening to someone they know? If so, is there anything I can do to help my son at all when it comes to getting him out?
  18. Hi, I have a tenant that has filed BK 13 twice this past year & both were dismissed due to failure of sending in the rest of the paperwork i.e. schedules etc. It appears they just kept filing to get protection from the Stay both times to continue in my rental. My question is can they file again & get the protection a 3rd time from the stay? I have been researching & it seems if they had 2 dismissed in the year they can file again but will not get protection from the automatic stay this time. They filed PRO SE both times, I am afraid he will file a 3rd time with a lawyer this time to continue a bit longer, even though his lease is also up end of next month. Thank you.
  19. Hi, I am new to the whole landlord thing and yes I am seeking a new lawyer because of trouble with the one I had. I just have a question, I have a tenant that I gave a 3 day notice too last Dec. for not paying rent. Well he filed for BK. So my lawyer advised us to wait it out so the eviction case was stayed while the Bk was in effect. The tenants BK wound up being dismissed because he filed himself & didn't get all the paperwork in . So my lawyer went back to Municipal court had the judge reopen the eviction case & we got a new date. Well the tenant went & filed BK again for a second time the day before court & sent in a notice to the court & my lawyer, so my lawyer decides to just not show up that day because of the stay, well the judge dismissed the eviction case due to failure to appear. My lawyer did however send in the notice of the stay the day after court, so it is documented from her and the tenant. Ok so then my lawyer waits it out again and at this time this tenant has been in my rental for almost a year without paying anything!! Lease is up end of next month. Well the last BK he filed was also dismissed a couple wks ago due to the same thing not filing rest of the paperwork & him filing for it hisself I assume. So my lawyer advises to go file another eviction case again which would be a whole new one even though lease is up next month. But she filed a court date using the same 3 day notice, that I served on the tenant the first time last Dec. I have not given the tenant a new one,. Sorry for so long but now after research I am worried that we should have issued a whole new 3 day notice since that was a year ago when I served it and that case was closed by the judge..I am afraid the tenant will use that as a defense when we go to court saying he didn't receive a new 3 day notice. As I know that has to be properly served on a tenant..So my main question is will the old 3 day notice served on him back in Dec. be suffice, or will he be able to use that as a defense assuming he even shows up this time. And doesn't wind up filing for BK a 3rd time. Although from my research if he has had 2 BK already dismissed in a year and files for a 3rd one I don't think he will get the protection of the Automatic Stay with a 3rd one. Any advice would be appreciated, thank you..Oh and we are in the State of Ohio not sure if that matters. Thank you,
  20. State trooper traveling southbound. I and another car were traveling northbound. Both of us were speeding. The trooper turned around and pulled between my car and the car behind me. Both of us stopped. The trooper went to the car behind me first. He then came to my car. Said he saw me at 64 - radar picked up at 61. He told me he locked/clocked the car behind me at 65. He gave me a ticked for 64. Do I contest this? He told me that he locked/clocked the car behind me at 65. How can he prove my speed at 64?
  21. I'm looking to create a holding company for the two businesses that I own. Company #1 is a single-owner LLC and Company #2 is a partnership LLC. My goal is to create a holding company for these two companies as well as my future business endeavors. This holding company would be created/owned by myself and my partner from Company #2. A few questions: Would that mean that both myself and my partner would be owners of Company #1 and Company #2? Is it beneficial to create a holding company with the example described above? Is it difficult to do so? Will we assume more liability than the typical LLC framework? Would our tax structure be altered? Is it possible for a holding company to “hold” a nonprofit company along with a for-profit company? Thank you for any insight you can provide!
  22. my sister and brother in law bought me a house and its in my name. I got injured at work and have been off since march of this year. My brother in law told me to refinance the house and pay him back the money in one week or vacate the property. what are my rights? we have a personal contract that I don't fully understand. the harassment from him and my sister has been on going for almost 2 years.
  23. So, my in-laws live in a place that is basically falling apart. Sink only works with hot water. Hot water is hooked up to the toilet, causing all sorts of issues. There's a massive hole in the kitchen that leads to the basement. No stove. They were told to find their own stove and install it. Meanwhile, the landlord (a family member), collects rent and has them pay full utilities. The in-laws are basically spending so much money on buying food, because they don;t have a way to cook it, and the rest of their money is going to rent, utilities, and gas to drive to work. Normally, I'd help them fight it, but they do not have a written lease. Ohio Law does state it;s illegal to live in a hovel, defined as holes in the floor, plaster coming off walls, faulty wiring, etc. Without a written lease, I'm not entirely sure they have any dog in this fight. I hate seeing them like this, but all my knowledge is for Texas, not Ohio.
  24. I don't know if I need to put this under property law, or neighbor dispute. Before we purchased our property, the neighbor put a pond, on their property. It is fed by runoff, from our spring. When they put in the pond, they installed a drainage pipe, to direct the water into their pond. The pipe extends about 10 feet, into our property. I might add, that the neighbor has been upset, at us, ever since we moved in, 19 years ago, because they wanted to purchase the small strip of woods, between us, from the previous owners, due to the location of the spring. We were not aware of this, prior to purchasing. We have attempted to get along with this neighbor. We also found, that they had encroached, 10-15 feet into our property. We attempted, to write them a permission, to utilize that section, but they refused to sign the permission letter. Our dog got out, and ran across their yard, once. They threatened to sue us over the incident. At that time, we researched our property line, and installed a line fence, to mark off the property line. This enraged the neighbor, because we fenced that section off, that they had encroached on. Their daughter passed away, we, and the other neighbors, in the area, contributed to buying a Mimosa tree, in her remembrance. They planted it on our property. After we put up the line fence, they came over, and attempted to kill it, since it had grown too big, to be transplanted. The tree grew back, and stands defiantly. They called a surveyor in, and he affirmed, where the line was, and it was correct. Then, they installed a privacy fence (spite fence). Several years have passed, with no incident. We do not bother the neighbor. During the summer, the weather, has turned dry, and I have been using the water, from my spring, to water my garden, grapes, and berry bushes. Between the dry weather, and my watering activities, the flow, to their pond, has been diminished. Their pond leaks, so they rely on that spring. The area, between our home, and the neighbor's, is hidden, from view, from our home, by a small strip of woods. We received a visit from our township trustee, to cut the brush, on our side of the fences. This was from the neighbor's complaint, which is likely, retaliatory, because we have been using the water. We have cut the brush. At that time, we noticed, that the neighbor's fence is leaning, and would likely fall down, if not for our line fence. They had tied their fence to ours for support. Do they have to repair their spite fence? Are we obliged, to grant them access to it, from our side? Going back to the drain pipe. The neighbor, routinely trespasses, on our property, to clean out the drain pipe. Since the pipe extends into our property, do they have any claim to trespass, to clean out the pipe? Can I remove, the pipe, up to the property line? At this time, I am contemplating redirecting the entire stream. Is that legal? ( We have been the sleeping dog. But, after a while, the sleeping dog will bite, if you kick it enough times) Also, do they have any claim for adverse possession, due to the location of the pipe? We have put up, "No Trespassing" signage, and blocked access, to this area. Game cameras, are also installed, to provide proof of trespass. We also sent them a certified letter, stating, that they have no permission, to set foot on our property. The trustees, and many other people in the county, know these people are unreasonable. So, we are not alone, in our frustration. The Sheriff's office advised the use of the cameras. Thanks, in advance, for any help in this matter.
  25. My Jeep was parked on the left side of a one way street and the front right tire was struck by a wrong way driver. I cant see any major damage and the "recommended" shop has zero experience with vehicles with suspension lifts so they cant actually determine if there is any suspension damage. The adjuster I am dealing with from Safe Auto (her insurance) says that the girl has not called in to report the accident and has not returned any calls or emails made to her. Granted its only been a day. I need to get my Jeep into a shop that can handle the vehicle as it is. A typical shop can not rack my vehicle to check the alignment due to its tire size. We did put it up on a frame lift at the recommended shop to check suspension for damage and some has been identified by the tech that looked it over. The adjuster for the case with Safe Auto says we cant proceed because the girl has not reported the accident. I have a shop that can actually handle my vehicle but they charge to check the vehicle. I do not want to put out a single penny as I am unemployed at the moment and quite frankly, do not have anything to pay for the inspection with. I just want to get my vehicle looked over to ensure its still safe to drive and to get it fixed! Its obvious that the alignment is off and the front end is a little sloppy now so I know something is either bent or out of place but cant not visually see anything other than the obvious as shown below. When the car impacted my Jeep, it pulled the jeep from the curb and spun my steering wheel.