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Found 83 results

  1. OK this all started when we bought a house that my grandfather gave us the money for. Well my mom did a stupid thing and went out to the property before we closed and burned some brush and old trees. The fire dep was called and an investigation was performed. They found out my grandpa gave us the money and said that my mom stole the money. My grandfather said he gave us the money but they said we threatened him to say that, which wasn't the case at all. Fast forward down the road and they said they would drop the theft charges if my mom plead guilty to arson. This took over 2 yrs to get to that point and the whole time she couldn't see my grandpa. So of course she took the offer. Well then they added that the house had to be out in my grandpa's name. Fine no problem but here comes the rub. The judge then said my family and I had to be out of our house in 90 days and the house has to be sold and money given back to my grandfather. This is not what he wants. He wants is to stay in that house since he gave us the money for it and doesn't wanna sell it because he'd also take a loss and not get out what he gave us. Is there anything we can do or my grandpa can do now that the house is in his name?
  2. Illegal eviction and lock out and theft of personal property in ohio. I really don't know what to do about what my landlord did to us , we were going through a really difficult time after our daughter passed away in the house and we lost our jobs and went through depressed state and was trying to make one money to pay to stay warm and then our car broke down and couldn't drive because rear end broke when we tried to come back he had a notice to quit on door and then changed the locks and refused to give us our belongings back .We never went to court for eviction and we have spoke to them .they said no money or you don't get your belongings back. All I want is my belongings,there is very important papers and documents that we need. And he changed the locks and refused to give us our belongings back
  3. My 18 year old daughter signed a lease (electronically) to move into an apartment near her college. She did not submit a deposit. Within a week, she decided she wanted to stay at home and notified the complex by email of her wish to not take the apartment. The apartment complex does not want to let her out of the lease, even though she has never taken possession of the apartment. She has only paid registration and processing fees. She doesn't want those fees back...she just does not want to pay the No Cause Early Termination fee, which is six months rent! Any suggestions?
  4. We've just discovered that our energy company, a cooperative, has been overcharging us since we moved to this house six years ago. We bought the house from a church who had owned it for 50 years. The first month in this house, not much larger than our last house and built the same year, our electricity bill was so high that we called the company and asked if it was possible our meter was mixed up with the church meter. They assured us that it was not. About a year later we called and asked again, stating our bills were ridiculously high (sometimes six times what we were accustomed to). They assured us again that the meter wouldn't be the issue and that they'd send out someone to do an energy audit. We asked him the same question and he likewise assured us a meter mixup wasn't the issue. Now, six years later I decided to look at the meter and turn everything off in the house to isolate what was using so much power. The meter didn't display anything so I called the company leading to our discovering that, in fact, we had been getting billed based on the meter at the church and they had been getting billed based on our meter, for SIX YEARS! They have been friendly and open about the issues on the phone and admitted that they saw where we had called and complained of high bills in the past. They say this is unprecedented for their company and so they are looking into the Ohio Revised Code for guidance about how to proceed. I've looked in the code (admittedly as an amateur law sleuth) and all I find directly addressing such issues is a bit about how electric companies can only ask for the last year's payments when they discover that they are undercharging someone. What I want to know is whether there is anything that lays out what a business is required to do in such cases. I'm afraid they're going to try and repay us less than they owe us, perhaps based on some time limitation, though they've given no indication one way or another regarding their intentions, except to say that they want to do what is right and fair. Their lawyers probably have a narrow view of right and fair. I wish they were an investor owned company then I could consult PUCO (Public Utilities Commission of Ohio) but as it is they are a member owned cooperative.
  5. We own a mobile home that we rent to my daughter and her boyfriend. The lease with the park is in my daughter’s name and they recently received an ecittion notice. I received an email from the park, stating they were receiving an eviction notice and specifically stated, I was not named on the notice. So so what happens in a situation like this? Can they be evicted even though they don’t own the Mobile home? Will the park have legal recourse against my wife and me?
  6. Ok i just parked my truck in a walmart parking my mission was just to grab a gallon of milk when 2 police cruisers pulled up in front and behind me and started asking questions when my truck was turned off then the officer noticed something in the door trim above my head then searched the truck my question is is it legal or not for them to have made contact with me and then send the suspected drugs to the lab and then issue an indictment for my arrest...?
  7. this is a complicated scenario so please bare with me. is a detective allowed to share information about an ongoing investigation to anyone who is not a law enforcement official? lets say a detective shares info with "tom", an individual who pressed charges on "jon" and "jon" is being investigated for another crime as well. can the detectives share information and evidence with "tom" about the other crime "jon" is being investigated for? nd the info being shared with "tom" is relayed to the mother of "jons" wife. "jons" mother-in-law is then questioning her daughter about the information and telling her she head it from "tom". "toms" girlfriend is sisters with "jons" mother-in-law. isnt there some kind of unlawful wrong happening here?
  8. if parents break into daughter apartment(which is on their property) and steal a bag (which contains evidence of criminal acts) that belong to their son in law is that breaking, entering and theft? after parents have possession of the bag for a couple of weeks turn the bag into the cops as evidence (which they would no have obtained any other way)against the son in law, could the detectives use that evidence as admissible evidence in court against him? or could it be thrown out bc it was originally taken during a criminal act
  9. husband was charged with 3 count of forgery. secret indictment for all 3 ending in an arrest warrant. in jail now. need to know what should i expect to happen next? and if there could be a chance for him to get bond.
  10. statute 2925.03C6g TRAFFICKING IN DRUGS-HERION statute 2951.08B PROBATION VIOLATION//BOONE statute 2705.01 FAILARE TO APPEAR statute 2925.11AC1 AGG POSSESSION OF DRUG SCHED.1 So they offered her 33 years, she declined. Ive never seen anyone get this much time for these charges. Has anyone else?
  11. I was stopped for license plate light was not working was asked if he could search vehicle when asked what was reason for search cop said cause I want to I asked 2 more times is there a problem or reason why was given same response stayed silent at first then the whole PD K9s and all pulled up is that a significant reason to search car stemming from a light being out and reason being cause I want too don't seem legal to me
  12. 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!
  13. 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 (?).
  14. 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.
  15. 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?
  16. 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
  17. 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.
  18. 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?
  19. 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.
  20. 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!
  21. 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?
  22. 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?
  23. 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.
  24. 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,
  25. 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?
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