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FAQ

H Lee Thompson has over 30 years legal experience he is ready to put to work for you.

Attorney H Lee Thompson has over 30 years nationwide experience fighting for clients’ rights in a variety of personal injury and wrongful death lawsuits.

If your legal problem is not covered in this website or you are not located in Ohio, he still encourages you to contact him with your legal question or concern. He works with a network of professional attorneys that may be able to answer your legal questions. He can be reached by filling out the this form, or by calling TOLL FREE 1-800-461-9013.

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Here are answers to frequently asked legal questions:

  • Traffic & Auto


    • Understanding the Risks of Drinking and Driving
      Q: My girlfriend and I just shared a bottle of wine at dinner. Should we drive home or call a cab?
      A: Please do not get behind the wheel if you think your ability to drive is impaired, no matter how much or how little you have consumed. While your blood alcohol content (BAC) may not be over the legal limit, any amount of alcohol associated with driving is risky.
      Q: How much alcohol can I consume before being at risk for exceeding the legal limit?
      A: If you are at least 21 years old, and your BAC is over .08, meaning you have above a concentration of alcohol in your breath or blood at this level, you have exceeded the legal limit and are considered to be operating a vehicle impaired (OVI). Driving over the legal limit is commonly referred to as DUI, driving under the influence, or DWI, driving while impaired, but the state of Ohio has not used these acronyms since 1982. It was in 1982 that they adopted the OVI and OMVI, operating a motor vehicle impaired.
      Q: So I only have to be worried if my BAC over .08?
      A: No. There are also legal limits to the amounts of alcohol allowed in a person’s blood serum, plasma, and urine. While many states have done away with urine tests for alcohol concentration because of issues with handling and testing, Ohio still uses the test. If your urine tests at a level of .11 or greater, you are over the legal limit. If blood serum is taken, you are considered over the legal limit if have .096 or greater concentration. If this test is taken, it must be conducted according to Ohio Department of Health rules to be admissible in court.
      Q: If my girlfriend and I have carefully assessed our situation and decide we are capable of driving home, does it matter who drives?
      A: If you were correct in your assessment, then it should not matter, because both of you would be capable of driving. However, it is important to note that when controlling for things such as amount of alcohol consumed, duration of consumption, and similar food consumption, women’s BAC will generally be higher than men’s. This is because a woman’s body generally contains less water and more fat than a man’s, which allows more alcohol to be absorbed in woman’s body. It is also important to mention that weight can have a huge impact on BAC. The smaller someone is, the greater the chance that their BAC will be higher.
      Q: Does the law provide different limits to BAC for men and women?
      A: While claims have been made that the limit of .08 discriminates against women for the above reasons, the science behind breath testing uses the “law of averages” and treats men and women alike.
      Q: What happens if I test over the legal limit?
      A: or a first time offense the punishment could potentially involve all or some of the following:
      · 1 · Immediate license suspension by the arresting officer, which can be for up to one year if you refuse to take a test.
      · 2 · Jail for a minimum of 3 days
      · 3 · A 3 day driver intervention program.
      · 4 · A fine ranging anywhere from $200-$1000.
      · 5 · A court imposed license suspension ranging from 6 months up to 3 years.

      Subsequent offenses only enhance the severity of the punishment. If you test well above the legal limit, and have what are considered “high tier” test results which constitute a .17 BAC for breath, a .204 for blood serum or plasma, and .238 for urine, the minimum jail time is doubled.

      Q: Do I have to submit to one of the above mentioned tests?
      A: Under Ohio law, once arrested for OVI, it is a criminal offense to refuse to submit to testing. If not arrested, refusal of testing can still result in a conviction in court based on evidence presented against you of poor driving performance, alcohol odor, slurred speech, red and glassy eyes, and staggering and poor performance on field sobriety tests.
      Q: I am under 21, are the legal limits different?
      A: Yes! The legal limits for anyone under 21 are much lower. For breath or blood, the limit is .02. It is .03 for blood serum or plasma, and .028 for urine. Even the slightest amount of consumption can place you over the limit if you are under 21.
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      Loaning Your Car to Others
      Q: Can I lose my car if someone borrows it and violates a traffic law?
      A: Until recently, yes in fact you could lose your vehicle if you loaned it to someone who committed certain serious traffic laws. Recent legislation though has made it less likely, so long as you can prove you were an innocent owner.
      Q: What is considered a “serious” traffic offense?
      A: A serious offense which could result in immobilization and seizure of a vehicle include those persons found guilty of driving while intoxicated, without insurance, without a driver’s license, or with a suspended license.
      Q: Can my car be taken if I wasn’t involved in the “serious” traffic offense?
      A: The law permits the state to seize a vehicle involved in a “serious” traffic only when it is owned by the offender. If your vehicle was seized because of the actions of another individual, the state is required to pay the costs of removal and storage. This was done because of the time and cost necessary to prove innocent ownership.
      Q: How can I prove I was an innocent owner?
      A: To prove that you were an innocent owner, you must prove that you did not reasonably know that the person borrowing the car was intoxicated, didn’t have insurance, had a suspended license, or did not have a license at all when allowing them to borrow the car. If you are not deemed an innocent owner, you can be convicted of a wrongful entrustment.
      Q: What does a wrongful entrust conviction entail?
      A: A wrongful entrustment conviction can lead to the seizure of your vehicle. A second conviction could result in the loss of your vehicle ownership.
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      Traffic Court and What to Expect
      Q: I was recently given a traffic citation and given a court date. What will happen when I show up?
      A: Your initial appearance in court is called an arraignment. Here the judge will ask you if you have received a copy of your ticket and understand the charges against you. Along with the notice of charges, he will explain the potential penalties for each offense and ask if you wish to enter a plea at this time.
      Q: Can I have an attorney?
      A: You can have an attorney represent you at any or all stages of a case. If you cannot afford an attorney and the offense involves potential jail time, you can ask the court to appoint an attorney for you. Likewise, if the case does not have the potential for jail time and the court reviews your financial information and deems you indigent, meaning that you are unable to afford an attorney, one will be appointed for you.
      Q: How can I plead?
      A: When asked to enter a plea, you must plead either guilty, not guilty, or no contest.
      Q: What does a guilty plea mean?
      A: A guilty plea means that you are admitting to the charges brought against you and the judge will find you guilt and sentence you.
      Q: What does a plea of no contest mean?
      A: A plea of no contest means that you are stating that you do not dispute the facts set forth in the traffic citation. At this time, you will be allowed to offer an explanation of the incident before the judge decides punishment. More often than not, the judge will probably find you guilty. Note that pleading no contest can be used against you in a subsequent civil case, because the burden of proof in civil cases is different than it is in criminal cases.
      Q: What does a not guilty plea mean?
      A: A not guilty plea means that you are disputing the charges and your case will be scheduled for trial. The law states that for criminal offenses, the trial will generally start anywhere from 30 to 180 days after your arraignment. You can however waive your “right to a speedy trial” to allow for a more convenient time for you or the court. Often times too, the judge may schedule a pre-trial.
      Q: What happens at a pre-trial?
      A: A pre-trial is an informal conference between you, your attorney if you are being represented, and the prosecutor. Here there is a discussion about potential plea negotiations in hopes that your case can be resolved without trial. Topics to be discussed include explanations for the incident and recommendations for punishment. If an agreement cannot be reached, the judge will then schedule motion hearings and a trial date.
      Q: What is a motion hearing?
      A: In some cases, issues of law need to be decided before the trial. These are not issues of fact in the case merely issues relating to the way in which facts can and cannot be presented.
      Q: What happens at trial?
      A: At trial, the prosecutor will present his or her case first. They must prove that you are guilty beyond a reasonable doubt, which is the burden of proof in criminal cases. Witness may be called to testify against you, and you or your attorney, if you are being represented, will be allowed to question subsequent to the prosecution’s questions. When the prosecution has completed the presentation of their case, you and/or your attorney can call your own witnesses and you yourself can testify on your behalf. When you have presented your case, the judge will weigh the evidence presented and find you guilty or not guilty. If you are found guilty, the judge will then sentence you.
      Q: Can I have a trial by jury?
      A: It depends on the severity of the case. For minor misdemeanor offenses, you are not entitled to a jury trial. Any offense carrying the potential for jail time can be tried by a jury so long as you ask in a timely matter, usually no later than 10 days before the trial date.
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      Protection of Ohio Vehicle Purchasers under the Lemon Law
      Q: What is the Lemon Law and what does it do?
      A: The Lemon Law is a law meant to protect vehicle purchasers in cases in which there has been a defect in the vehicle impairing its use, value, or safety. This law requires that manufacturers replace or buy back an owned or leased vehicle that cannot or has not been properly repaired in a timely matter.
      Q: Which types of vehicles are covered by the Lemon Law?
      A: The following types of vehicles will be covered under the Lemon Law:
      · 1 · Passenger cars
      · 2 · Motorcycles
      · 3 · Motor Homes (Only the engine and chassis; interior items not covered)
      · 4 · Light trucks (Those designed to carry no more than one ton and not used in the course of a business for profit)
      Q: Which types of vehicles are not covered?
      A: Generally, used vehicles over one year old with greater than 18,000 miles are not covered. However, the passage of the Federal Magnuson Moss Act will cover any used vehicles regardless of the age if the dealer issues a warranty with a purchase. Please note that any used car subject to the Lemon Law must be reported within the first year of its purchase.
      Q: How would I know if I have a Lemon?
      A: All new motor vehicles have a warranty from the manufacturer which states that they will pay for parts and labor for anything specifically listed in the warranty. If this situation exists, take your vehicle back to the dealer so that the problem can be correctly diagnosed and repaired. If the dealer cannot fix the problem within a reasonable number of attempts, it is likely that you have a lemon.
      Q: What constitutes a reasonable number of attempts?
      A: A reasonable number of attempts exist when one or more of the following occurs:
      · 1 · The same problem has been subject to repair three or more times and still exists or reoccurs.
      · 2 · The vehicle has been out of service for a total of 30 or more calendar days for repairs.
      · 3 · Eight or more attempts have been made to repair a substantial problem covered by the warranty but with no success.
      · 4 · There has been at least one repair attempt for a safety-related problem, and the problem either continues to exist or reoccurs.
      Q: I have a lemon. Now what?
      A: Continue to work with your dealer to have the problem fix and be in contact with the manufacturer’s representative about the possibility of getting a new vehicle or your money back. Beware of potential attempts to force you to pay the increased sticker price on a new vehicle. Under the lemon law, you are not required to pay this, but swindling car salesmen exist. If there is any doubt though, do not hesitate to contact a lawyer that specifically practices in this area of the law.
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      Law Change for the Average (minor) “Fender-Bender”
      Q: I know that for the ordinary traffic citation I cannot be sentenced to jail time. What is the maximum fine, though?
      A: Most traffic offenses that result in a minor accident (e.g. a failure to maintain assured clearance, a failure to yield the right-of-way, going through a red light, or failure to stop at a stop sign) are known as minor misdemeanors. Before January 1, 2004, a person could be fined up to $100 and charged court costs for a minor misdemeanor. Jail sentences were not authorized by law and neither were other special terms of probation. Since then, the maximum fine has been increased to $150 and you may still be required to pay court costs.
      Q: Is it true that I still cannot receive a jail sentence for a minor misdemeanor?
      A: Yes, but there have been some important changes in the law. Jail sentences still cannot be imposed, but other sanctions can now be imposed.
      Q: Aside from paying a fine and court costs, what other sanctions can be imposed?
      A: As of January 1, 2004, Ohio law allows courts to impose, in addition to fines and court costs, restitution (reparation for damages or injuries incurred) and reimbursements to the victim that you are required to pay. Also, in place of all or part of a fine for a minor misdemeanor, a court may impose up to 30 hours of community service.
      Q: Assuming I plead no contest to a citation where an accident is involved, could I be held responsible if the court orders restitution for the victim?
      A: Ohio law now uses the broad definition of the term “economic loss” that was used in the 1996 changes made to felony sentencing law. According to this definition, a court may order restitution based upon the victim’s “economic loss,” which includes loss of income, medical costs, funeral expenses, insurance deductible amounts, etc.
      Q: Does a court have to order restitution, and if so, how will the court decide what is the appropriate amount of restitution?
      A: A court does not have to order restitution and many courts have declined to do so. If a court does order restitution, however, it may base its determination of the appropriate amount on a recommendation received from the victim, the defendant, or a pre-sentence investigation. The types of evidence that can be used to support these recommendations can include estimates, receipts, or “other information.”
      Q: What if I do not or cannot pay the amount of restitution ordered by the court?
      A: As of January 1, 2004, the amount of court-ordered restitution can become a civil judgment (a separate civil court decision) in favor of the victim. This civil judgment can be enforced through a normal collection procedure such as a wage garnishment (in which money is taken from your wages to pay the restitution) or bank account attachment. So, you may find yourself in a situation where, with a plea of no contest and without a trial, you have a civil judgment taken against you. This may happen even without any notice to your insurance company.
      Q: What can I do to protect myself?
      A: Many insurance companies will not defend a case and definitely won’t pay a civil judgment if they are not notified of the proceedings ahead of time and given a chance to defend the case. To protect yourself, you should call your insurance company as soon as you receive a traffic citation arising from any accident where restitution might be ordered. You should also notify your insurance company of the date of the hearing on your traffic citation and ask your insurance company for advice about legal representation. While many courts may choose to allow the issue of the proper amount of damages to be determined in a civil case rather than as part of the sentencing in a traffic case, it is important to remember that a “fender-bender” can involve thousands of dollars of damages these days. If your insurance company does not want to send a lawyer to court with you, depending upon the amount of damages at issue, it might be worth it to hire your own lawyer.
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      Auto Insurance Rights and Responsibilities
      Q: Are drivers in Ohio required to purchase insurance?
      A: The state of Ohio does not require drivers to buy car insurance, but they do require that every driver have a guaranteed way to pay for injuries or damages resulting from personal negligence or negligence of anyone driving a vehicle you own. Under Ohio’s Financial Responsibility Law, you must be able to show “proof of financial responsibility,” which results in many drivers buying liability insurance.
      Q: What does liability insurance cover when I am at fault?
      A: When personally at fault, liability insurance pays on your behalf for the other person’s injuries or death and any damage to their property. It will also pay for your legal defense should you be sued. This generally will cover any licensed driver you allow to drive your car, but be sure to read your policy as there might be individuals excluded.
      Q: How much liability coverage do I need?
      A: Ohio law requires that drivers carry at least the following:
      · 1 · Bodily injury coverage of $12,500/person and $25,000/accident; and
      · 2 · Property Damage Coverage of $7,500/accident.

      Please note, these are bare minimums, and a severe crash will require a lot more insurance.

      Q: What is Bodily Injury Liability?
      A: Bodily injury liability pays for injury or death of others when the driver of your car is at fault. There can be two limits, the first of which is the amount paid for injuries for any one person’s injuries, and secondly, the total amount for all persons injured in the accident.
      Q: What is Property Damage Liability?
      A: Property damage liability coverage pays for damage your car causes to other people’s property when you or another authorized driver causes damage while driving your vehicle.
      Q: What is Medical Payments Coverage?
      A: Medical payments coverage pays medical bills for you or your passengers after a motor vehicle accident. It also covers medical expenses if you or family members are pedestrians and are hit by a car.
      Q: What is Physical Damages Coverage?
      A: There are two types of physical damages, which can be sold together or separately by your insurance agent or company. The first is collision coverage, which pays for repairs to your car when it hits another vehicle, crashes into something or turns over. It pays regardless of who is at fault in the accident. The second is comprehensive coverage, which pays for losses that result from incidents that are not collisions, such as theft, fire, vandalism, hail, falling objects or hitting animals. These are not required by law and thus are strictly optional dependent upon your financial situation.
      Q: What is Forced Placement?
      A: If you finance your car, the lender may require that you get physical damage protection for the vehicle. If you do not take this, they are allowed to buy the insurance and add it to the cost of your loan. It will protect them, and is very expensive to you, so it is wise to buy your own policy.
      Q: Why is my Insurance I.D. card important?
      A: After 1995, Ohio lawmakers put some teeth into Ohio’s Financial Responsibility Law, requiring that your insurance company give you an insurance ID card showing when your liability coverage starts and ends. You are required by law to show this to any police officer who stops you for a traffic violation or safety check. This card should also be taken to court with you following a citation or accident.
      Q: What happens if I misplace my Insurance ID card?
      A: If you are unable to show the police officer your ID card, or some other proof of financial responsibility at the time of citation, it will be noted on the ticket. You will be required to bring this with you at the time of your court date.
      Q: What happens if I drive without Financial Responsibility?
      A: Being caught driving without financial responsibility can result in severe penalties including:
      · 1 · Suspension of driver’s license for a minimum of 90 days and up to two years
      · 2 · Impoundment of your license plates and/or your automobile
      · 3 · Court costs
      · 4 · No driving privileges during suspension.
      Q: Do I need financial protection against Uninsured and Under-Insured Motorists?
      A: Generally, this is a very good idea, because despite Ohio’s Financial Responsibility Law, there remain thousands of people who drive without coverage. Some estimates claim as many as 20% of drivers break the Financial Responsibility Law, and an even greater percentage do not have enough insurance to cover serious injuries. As a result, your insurance agent or company may offer you protection from these drivers with coverage that:
      · 1 · Takes the place of the liability coverage the other driver did not have; and
      · 2 · Pays for injuries to you and your passengers when the other driver did not have enough insurance to pay for your injuries

      Even with a good health insurance policy, it is wise to take Uninsured Motorist Insurance, because in addition to medical bills, it can include expenses related to your injuries including pain and suffering and lost wages.

      Q: If I have an accident with an uninsured motorist, what should I do?
      A: It is very important to file an accident report in a timely matter with the police after the accident and to immediately contact your insurance company.
      Q: After an accident, how will I know how much I am going to be compensated?
      A: In Ohio, there exists what is called a comparative negligence law, which says that responsibility for an accident can be shared, which subsequently can have an outcome on how much you collect. If an accident occurred because you did not use the amount of care that should be expected of a reasonable and prudent person, you can be considered negligent even if you were not cited, thus reducing the amount you can receive in damages.
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      Auto Insurance Policy
      Q: What is a Declarations Page?
      A: When you get your automobile insurance policy, the top page is normally the Declarations Page or “Dec Page,” and shows what the policy covers and the premium you pay for those coverages. If you do not receive a new policy each year, you may only receive a new Dec Page.
      Q: What are my policy responsibilities?
      A: You have the obligation to fill out the insurance application with complete and accurate information, remembering to list all licensed drivers. Upon completion, you should receive a binder from your agent which can be used as proof of coverage until receiving your insurance ID card.
      Q: What are my premium rights and responsibilities?
      A: You have the right to a fair estimate of your premium, even though the actual premium may be more or less than the quoted estimate. If the company charges a premium though which has not been approved by the Ohio Department on Insurance and you paid too much for it, you are entitled to a refund. You also have an obligation to keep track of your policy renewal date and to pay premiums by their due date, because failure to do so can result in the cancellation of your policy.
      Q: What are my policy rights?
      A: You have the right to receive a copy of your policy, and you may request a copy of any form you or the agent signs. Likewise, you cannot be discriminated against because of your race, national origin, beliefs or a physical handicap that does not impair your driving ability.
      Q: What are my renewal and cancellation rights regarding my policy?
      A: If your policy is cancelled or not renewed, the insurance company must issue you a written notice stating the reasons for their actions.
      Q: What are my claim rights under my policy?
      A: Unless limited by your policy, you have the right to choose which shop will repair your car. You also have the right to a prompt and good faith settlement based on your policy terms. With that, you are allowed to negotiate with the insurance company’s adjuster, and to reject any settlement offer you find unacceptable. Should it be necessary, per your policy, you can use an arbitration procedure to ensure you receive a fair settlement.
      Q: What are my claims responsibilities?
      A: Under no circumstance should you file a phony, padded or fraudulent claim asking your insurance company to pay for damages that did not occur, as the penalty for such claims could result in jail time. You should though promptly report any accidents or losses and provide your agent with all information pertaining to the incident.
      Q: I think the insurance company has deceived me, what can I do?
      A: You have the right to call or contact the Ohio Department of Insurance at 1-800-686-1526 and file a consumer complaint, and to have your complaint investigated by an investigator from the Ohio Department of Insurance. There are rules and regulations that apply to automobile insurance carriers in Ohio, and in this instance it is wise to consult with and retain an attorney to protect your legal rights and duties.
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  • Housing


    • Tenants and their Security Deposit Rights
      Q: Does the law require my landlord give back my security deposit?
      A: Yes, but you must notify your landlord of your forwarding address in writing or in person. After receiving your notice, your landlord has 30 days to give you a written itemization of deductions taken and refund the remainder to you.
      Q: How can I improve my chances of getting back my security deposit?
      A: First, you should review your lease and make sure that there are no “intent to vacate” clauses, which are clauses within the lease giving your landlord a certain amount of notice that you intend to leave at the end of your lease. If there is such a clause, be sure to get your intent to vacate in on time and keep a copy of what you sent by certified mail. Courts have enforced clauses that renew a lease for another year because tenants have not given proper notice to their landlord. Even if no such clause exists, it is always a good idea to send your landlord a certified letter (one requiring a signature upon receipt) containing your forwarding address.
      Q: Is there anything else I can do to make sure I get my deposit back?
      A: After you have removed your possessions and fixed any damage you may have caused, clean your unit. It may be wise to hire a professional cleaner even, and if you do, be sure to keep your receipt. Videotape the unit before you leave, holding a copy of that day’s newspaper capturing the headline date.
      Q: I think my landlord will improperly withhold my security deposit at the end of my lease. Can I wait to pay my last month’s rent until I have the security deposit?
      A: You should always pay your last month’s rent, and do not assume your security deposit will cover it. By not paying the last month’s rent, you are not protected by law for damages claimed over the amount of the security deposit, because that entire amount would be rightfully withheld as rent.
      Q: I paid last month’s rent, but still think my security deposit was improperly withheld. What can I do now?
      A: A provision in Ohio law, specifically Ohio Revised Code 5321.16, allows you to go to court to obtain double damages and attorney fees from your landlord. This is also the case if you can prove that you properly notified the landlord of your forwarding address and the landlord wrongfully kept any portion of your security deposit for more than 30 days.
      Q: What if I get an itemized list of damages I never caused?
      A: If necessary, you can sue your landlord, generally in small claims court. Be sure to remember that who you think your landlord is may be just a rental manager for another person or company, so look up who owns the property on your county auditor’s or recorder’s website and name them as the defendant in your lawsuit. In the complaint, be sure to say that you are filing suit under Ohio Revised Code Section 5321.16 and requesting double damages and attorney fees. It is not entirely necessary to have an attorney at this point, but asking for an attorney fee up front provides you with potential compensation should you hire an attorney in the future. If the court finds that your landlord wrongfully withheld any amount, they must award double the amount of that which was withheld and hold a hearing to determine what attorney fees were reasonable and should be covered.
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      Ohio Eviction Procedures
      Q: My wife and I formed a limited liability corporation (LLC) for a property rental business, and manage the properties ourselves. Are we allowed to file evictions against tenants and sue them for damages or must an attorney do that?
      A: If you yourself own the property then yes, you can file evictions on the rental property. However, if the property is owned by the LLC, only an attorney can file an eviction action or sue for damages. A recent Ohio Supreme Court ruling though now allows you to file a complaint in small claims court on behalf of the LLC for damages as long as you do not act as an attorney would at trial. This includes arguing or cross examining witnesses as well as engaging in others acts of advocacy. Because it is small claims court, the damages you can seek should be no more than $3000.
      Q: Can a landlord collect punitive damages or attorney fees in an action against a tenant?
      A: A landlord generally is not entitled to collect punitive damages, which are damages meant as punishment, against a tenant. Similarly, they are not entitled to collect attorney fees if an eviction action is for non-payment of rent.
      Q: What types of damages cam a landlord collect?
      A: A landlord may collect actual damages (damages in their full amount) and can collect attorney fees if the tenant does not:
      · 1 · Keep his or her unit safe and sanitary.
      · 2 · Dispose of all garbage in a safe and sanitary matter.
      · 3 · Keep all of the unit’s plumbing fixtures as clean as their condition permits.
      · 4 · Operate all electrical and plumbing fixtures properly.
      · 5 · Comply with state and local housing, health, and safety codes.
      · 6 · Refrain from and forbid any guests from intentionally or negligently destroying, defacing, damaging, or removing any fixture, appliance, or other part of the premises.
      · 7 · Maintain in good working condition any appliance supplied by the landlord.
      · 8 · Behave in a way that will not disturb the neighbors and require guests to do the same; and
      · 9 · Allow the landlord reasonable access, generally upon 24 hours notice, to enter the premise to inspect, make repairs, deliver parcels, supply necessary or agreed upon services, or show the unit to prospective or actual buyers, mortgagees, tenants, workers, or contractors.

      If any of the following are violated, a landlord may seek to get a writ of restitution.

      Q: What is a writ of restitution?
      A: A notice from the court to forcibly remove a tenant from a unit.
      Q: Assuming we have the writ of restitution, how can we enforce that order?
      A: Generally, you can ask the same court to issue a writ of execution. To do this, you must file with the clerk of courts and pay a filing fee. What this does, is within 10 days of receiving the writ of execution, the tenant must vacate the property. If not, depending upon jurisdiction, the sheriff, police officer, constable, or bailiff must execute the order and restore your property to you.
      Q: If I have to move the tenant belongings out, am I responsible for them?
      A: Even though the sheriff or another court officer is responsible for carrying out the writ of execution, you the landlord are responsible for restoring the unit to its original form, and must hire movers to remove belongings, which can be placed next to the curb or street. As long as you do not intentionally damage the tenant’s belongings, you are not liable if something breaks or is stolen from the corner.
      Q: Where can I get more information about evictions?
      A: The Ohio State Legal Services Association (OSLSA) provides information about evictions and other landlord/tenant issues through their website www.ohiolegalservices.org.
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  • Discrimination

    • Ohio Civil Rights Commission and Cases of Discrimination
      Q: What is the Ohio Civil Rights Commission?
      A: The Commission is a state agency that investigates most forms of discrimination including those in housing, credit, employment, and public accommodation. The office for the Ohio Civil Rights Commission (OCRC) is located here in Columbus at the Rhodes State Office Tower.
      Q: What types of discrimination cases will the Ohio Civil Rights Commission examine?
      A: The OCRC will investigates charges of discrimination in employment, public accommodations, housing, credit and higher education on the bases of race, color, religion, sex, national origin, disability, age, ancestry or familial status.
      Q: I wish to file a discrimination-in-employment charge under Ohio law. What must I do?
      A: You must:
      · 1 · File the charge with the Ohio Civil Rights Commission within 180 days of the discriminatory act.
      · 2 · Provide contact information for yourself and your employer; and
      · 3 · Provide a description of the discrimination. This should include the date on which the act of discrimination occurred and whether it was based on sex, race, color, national origin, religion, age, or disability, or if it involved retaliation for previously opposing or reporting discrimination.
      Q: What are the benefits to filing a discrimination charge with the OCRC?
      A: There are many benefits to filing with the Commission. First, it will not cost anything for you to file, and the Commission will investigate all claims in which it has jurisdiction. Likewise, it has representatives who will help you prepare your charge, so while it may be helpful or advisable to have your own attorney, filing with the Commission does not require one.
      Q: What does the Commission do with the charges once they are received?
      A: The Commission will investigate the claim and issue findings of either:
      · 1 · No probable cause, which means that the evidence is insufficient to substantiate a charge of discrimination, or
      · 2 · Probable cause, which means that the evidence is sufficient to substantiate a charge of discrimination.
      Q: What happens next if the Commission finds there is probable cause?
      A: If there is no settlement, the Commission files a formal complaint and schedules a formal hearing before an administrative law judge and an assistant attorney general is assigned to prosecute the case for the Commission.
      Q: If the 180 days has lapsed, can I still file a discrimination charge?
      A: Yes, but with the federal agency called the United States Equal Employment Opportunity Commission, which has offices in Cleveland and Cincinnati. This processes discrimination claims under federal law, which permits charges to be filed within 300 days of the discriminatory act.
      Q: If I file with the Commission, can I also take my case to court?
      A: Except when filing age discrimination charges in cases of employment, going to the Commission does not exclude going to court simultaneously or at a later date. Often times, the court can give more relief than the Commission can, including punitive damages, attorney’s fees, and money for mental anguish.
      Q: What type of reward could I get for filing with the OCRC?
      A: Under current Ohio law, the Commission can reward the following for employment cases:
      · 1 · Back pay, both of salaries and wages from a prior pay period.
      · 2 · Compensation for lost benefits.
      · 3 · A job that was denied for discriminatory reasons.
      · 4 · Job reinstatement.
      · 5 · Job promotion.
      · 6 · Expungement of any disciplinary actions from employment records if discipline was a result of discriminatory behavior; and
      · 7 · A requirement that the employer must implement equal opportunity training and complaint programs.
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  • Contracts & Loans


    • Cancellation of Contracts
      Q: Can I legally cancel any contract I make?
      A: No. There is a popular belief that any contract may be canceled within a certain period of time. This is simply not true. The law allows for a 3 day right of recession and subsequent cancellation of a contract in the following instances:
      · 1 · Home solicitation sales (those sales made inside of your home).
      · 2 · Health Club Contracts.
      · 3 · Dating Service Contracts.
      Q: I recently joined a health club and did not know about my right to cancel. What can I do to get out of the contract?
      A: Under law, with any transaction carrying a cancellation period, you should be advised of your right to cancel the contract by sending in a written cancellation within 3 days of the initial purchase. The seller, in this case the health club, is required to tell you of this. If you were not informed of this right, you can cancel at any point. If you were advised of this right then you must keep to the terms and length of the contract.
      Q: I was not permitted to return clothing I bought that didn’t fit. Is that allowed?
      A: Under Ohio law, all retailers are permitted to set their own return policy. Some stores will allow you to return the item, and others will not. A sign stating the return policy for cash or check must be posted where one would reasonably be able to see it. If it is not, you would be permitted to return the item despite the policy.
      Q: I bought an item from a store with a “No Return Policy.” It turns out that the product is defective. Do I have any course of action?
      A: For defective products, regardless of the policy, the seller has to give you a refund or replacement.
      Q: I think I may have a case to cancel my contract, but I’m not sure, what should I do?
      A: If there is any doubt, contact an attorney, because there are many who practice specifically in the areas of breach of contract law and product liability law.
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      College Student Loans
      Q: What is an unsubsidized loan?
      A: An unsubsidized loan is non-need based (not dependent on the student’s financial need). The amount received cannot be more than the difference between the educational costs of attending school and other financial aid received, such as other loans, scholarships, or grants. In other words, the money the student receives for this loan is given directly to the college or university in which he/she is enrolled to pay for school expenses. Interest on an unsubsidized loan must be paid either while the student is in school at least half-time, or, if the student chooses not to pay the interest while in school, it will accumulate and be added to the principal (the amount of money the student takes out as a loan, not including the interest). A student must begin repaying the principal on an unsubsidized loan 6 months after graduation, once he/she has withdrawn from school, or if/when the student is enrolled less than half-time. Repayment is usually based on a 10-year repayment plan, but repayment may be extended up to 30 years in certain circumstances.
      Q: What is a subsidized loan?
      A: A subsidized loan is a need-based loan for which the federal government pays the interest while the student is in school, for any periods in which the student is not required to pay after graduation (known as post-graduate deferment periods), and 6 to 9 months thereafter. Depending on the type of repayment plan selected, the total interest and principle must be repaid in 10 to 30 years.
      Q: What is a Perkins loan?
      A: The Perkins loan is a federal loan guaranteed of up to $4,000 per year for undergraduate studies and $6,000 per year for graduate studies. The amount of the loan received is based on financial need and availability of other aid, with the repayment being deferred for up to 10 years. If the student fails to pay the agreed amount according to the repayment plan (known as a default), the recipient will not be able to obtain any other federal funding in the future. Also, the Perkins loan currently has a lower interest rate than other federal loans.
      Q: What is a Stafford Loan?
      A: A Stafford loan can be either subsidized or unsubsidized. Recipients of a Stafford Loan can repay the loan in 10 to 30 years depending on the loan amount and the repayment plan selected. Since this is a federal loan, if there is a loan default, the recipient who fails to pay will not be able to receive future federal funding. The Stafford loan also has a wider variety of repayment plans and a longer repayment period.
      Q: What is a Federal Family Education Plus loan?
      A: Also known as FFEL Plus loans, these loans may be available for parents to go towards the educational expenses of their dependent child who is enrolled in school. A parent must meet the qualifications set out by the loan program, have good credit history, and will be obligated to repay the loan. The loan is unsubsidized and also has a higher interest rate. The amount of these loans given to the parents is equal to the difference between the students’ cost of attendance and any other financial aid the student receives.
      Q: How do I file for the appropriate student loan?
      A: A student must file the FAFSA or Renewal FAFSA form each year to be considered for a federal subsidized or unsubsidized loan. This form may be found and filed online at: http://www.fafsa.ed.gov/. Seeking financial aid involves an evaluation process that is highly individualistic. It is recommended that the student and his/her parents have a meeting consisting in a review of options and other alternatives with a school Financial Aid Office before a decision is made on how to fund the student’s higher education. Also, the student should do additional independent research in his/her community for organizations that offer need-based grants and scholarships.
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  • Voting

    • Voting Rights and Regulations
      Q: What must I do before I can vote?
      A: In Ohio, before voting, you must register with the Board of Elections. To be registered, you must be a U.S. citizen, at least 18 years old, and an Ohio resident for at least 30 days.
      Q: What if I will be 18 at the time of the next election?
      A: If you are 17, but will turn 18 by the time the next general election occurs, you may register to vote in the primary election. Please contact your local county Board of Elections for more information.
      Q: How is my residence determined for voting purposes?
      A: Ohio election laws consider your residence to be a fixed place of habitation, and the place you will return after your absence. So if you visit another state or country temporarily, but plan to return to Ohio, you are still considered a resident of Ohio. If you leave to work for the U.S. government, regardless of where you may be, you still retain residency in Ohio for the duration of your service.
      Q: My wife and I have recently separated and live apart, what becomes my place of residence?
      A: If you and your wife have not lived apart for more than 30 days, the home you shared is still considered your residence. If it has been more than 30 days, and you have moved out of your precinct, you must register with the Board of Elections in that area.
      Q: If I forgot to change my registration can I still vote?
      A: Yes, but how and when you vote may change depending upon how far away you move. If you move within the same election precinct, you can change your registration at your polling place on Election Day. If you move out of your election precinct, but not out of the county, you can go to your new polling place on Election Day and submit a change to your voter registration and vote in your new precinct. You can also go to your county Board of Elections office within 28 days of Election Day or on Election Day and submit a change to your registration and vote. Finally, if you move from one county to another, you may appear at your new Board of Elections within 28 days of or on Election Day, change your registration and vote.
      Q: Can I ever lose my voting rights?
      A: Yes. Your voter registration is cancelled if:
      · 1 · You have been convicted of a felony. (Only stripped of voting rights while serving sentence. Upon release from confinement and/or completion of sentence, convicted felons are again eligible to vote.)
      · 2 · You have been found by a court to be incompetent.
      · 3 · You have changed your residence to another country.
      · 4 · You have failed to respond to a confirmation notice sent by the Board of Elections and at the same time have failed to vote at least once during a four-year period, or during that period have failed to update your registration.
      · 5 · You ask that your voter registration be cancelled.
      · 6 · You are deceased.
      Q: Where can I register to vote?
      A: Ohio law allows you to register at one of the following places:
      · 1 · Board of Elections office
      · 2 · Secretary of State’s office
      · 3 · Office of a local deputy registrar of motor vehicles
      · 4 · A public high school or vocational school
      · 5 · A public library
      · 6 · Office of a county treasurer
      · 7 · On Ohio Income Tax forms, which are then mailed to the Board of Elections.
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  • Copyrighted Material

    • Copyrighted Material
      Q: What is a copyright?
      A: A copyright is a grant of rights from the government for original works of authorship, such as books, songs, plays, computer programs and CD-ROMS, that are fixed in a tangible (something that can be touched) medium of expression.
      Q: What does a copyright mean?
      A: Obtaining a copyright means that the owner has certain exclusive rights. The owner has the right to distribute, reproduce, display, and perform the work. Along with that, the owner has the right to “derivate works,” which are works based on the original, but include some different or additional materials.
      Q: What is copyright infringement?
      A: Copyright infringement means that an individual has violated the owner’s rights. Most commonly, this occurs when something is copied in whole or in part. For copyright infringement to occur, the infringing copy need not be identical, but rather needs only to be substantially similar to the original.
      Q: Are there any instances in which I can copy an author’s work without infringing on a copyright?
      A: Yes, under the “doctrine of fair use,” there are limited situations in which a work can be reproduced, distributed, displayed, and performed by someone other than the work’s creator.
      Q: So what is “fair use” and when does it apply?
      A: Simply put, if something is deemed to be “fair use,” it is legal copyright infringement. The problem though becomes determining when something was used within “fair use” and when it was not. If you are unsure, it is wise to consult an attorney experienced in intellectual property before proceeding.

      Q: What are some determining factors when deciding if something is a “fair use” or not?
      A: When determining “fair use,” one must weigh the following criteria:

      · 1 · The purpose and character of the use
      · 2 · The nature of the work
      · 3 · The amount of work involved
      · 4 · The effect of the activity on the market for the original work, and
      · 5 · Whether the original work is published or unpublished. Often times, the character of the use is the most important factor in determining if something is a “fair use” or not. Specifically, those uses related to profit-making activity will not be considered a “fair use.” Again, if you have any doubt, it is wise to consult an intellectual property attorney.
      Q: Is copying a copyrighted work for a non-profit always considered “fair use?”
      A: No. A number of churches have gotten into trouble for copying music or lyrics, because it reduces the market for sheet music and therefore is not considered a “fair use.”
      Q: Can I copy a collection of facts?
      A: “Fair use” grants broader use without infringement if the work is a collection of facts such as a baseball statistic database or encyclopedia. Generally copying things such as these are more likely to be determined as “fair use” than would the copying of a fictional work such as The Kite Runner.
      Q: Does the amount of work copied affect the determination of “fair use?”
      A: Yes, because if the amount of work copied is small, and does not impact the owner’s ability to make money, it will weigh in favor of “fair use.”
      Q: If I copy an unpublished work can it still be considered a “fair use?”
      A: With unpublished material, it is very unlikely to be considered “fair use,” because the law gives owners of the work the right to control when their work is first published. Instances like these though are very tricky, and it is best to seek the advice of an attorney experienced in copyright law.
      Q: What are the penalties for copyright infringement?
      A: Copyright infringement can result in severe penalties both civilly and criminally with fine or potentially imprisonment. The law provides the copyright owner with the right to obtain actual damages and potentially “statutory damages,” which can range anywhere from $200 to $150,000 plus attorney fees per infringement on top of the actual losses to the copyright owner.
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  • Finding a Lawyer


    • The Legal Aid Society
      Q: I have a non-criminal legal issue and cannot afford to hire a lawyer. What can I do?
      A: Every county in Ohio is served by at least one Legal Aid Society. These are staffed by lawyers, paralegals, and other professionals trained in poverty law issues. Their mission is to bridge the gap on the unmet civil legal needs of the poor and to develop addition resources to develop innovative methods of delivering needed legal services to Ohio’s poor.
      Q: Why was the Legal Aid Society opened?
      A: A 1991 statewide assessment revealed that 17% of the legal needs of the poor received attention. Upon this release, the Ohio Legal Assistance Foundation was formed by state officials concerned with the problem of access to justice for the under privileged. The OLAF today administers state funds to help maintain Ohio’s Legal Aid Societies
      Q: What types of issues can I bring to the Legal Aid Society?
      A: Clients often served by Ohio’s Legal Aid Societies include spouses and children who have been victimized by domestic violence; families that have been wrongfully forced into homelessness through unscrupulous landlords; senior citizens who have had their medical benefits mistakenly terminated; or poor people who have been victims of crooked sales practices.
      Q: Will the Legal Aid Society take on every case?
      A: Unfortunately, the need for legal services for the poor are vast and the resources of Ohio’s Legal Aid Society are limited. For this reason, they cannot possibly help everyone. The locally controlled board of directors of Ohio’s Legal Aid Society make decisions about the organization’s priorities and their services. For this reason, people with legitimate legal issue may be turned away.
      Q: How can I get in contact with my local Legal Aid Society?
      A: Although there may not be a Legal Aid Society office in every county, all counties are served by a program in a nearby county. To obtain the telephone number of the Legal Aid Society nearest to you, call 1-866-LAW-OHIO (866-529-6446) or visit the OLAF website at http://www.olaf.org/. Please note that potential clients are screened in order to ensure that they meet financial eligibility guidelines.
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      Where to Find an Attorney
      Q: I think I am in need of an attorney, but I have never had one before, what should I do?
      A: It would be best to first look to the Ohio State Bar Association (OSBA) for advice. They are a voluntary association of attorneys, law school students, and paralegals/legal assistants in the state of Ohio. But please note:
      · The OSBA is not allowed to form attorney-client relationships with members of the public, and is therefore unable to provide advice, counsel, or representation to members of the public concerning specific legal matters. So please do not call or e-mail the OSBA seeking information on legal matters.

      The following are also some helpful tips when searching for an attorney:

      · If you need professional advice about a legal issue or case, but do not know a lawyer, first check with relatives, friends, neighbors, your employer, co-workers, etc. They may be able to recommend a local attorney who has given them good service.
      · The yellow pages and other mediums of advertisement may be helpful, but BE CAREFUL. Just because a law firm has a large display ad or advertises on TV does not mean it is the best qualified to handle your problem. A recommendation from someone you know and trust is much more reliable.
      · If possible, it is best to find a lawyer who knows local court procedures and who practices regularly in the county where your legal problem will be resolved.
      · In each of Ohio’s major metropolitan areas and certain other counties, the local bar association sponsors a lawyer referral service. If you need a lawyer but can’t find one in any of the counties listed below, you can call the referral service to obtain the name of a lawyer whose practice fits your needs. Often the lawyer will schedule a half-hour consultation for a very affordable fee (usually $15-$25). Ask for fee information when you call the firm to schedule an appointment.
      · If you are still having trouble deciding on an attorney to represent you, consider calling either your county’s or nearest counties’ Lawyer Referral Services. Please Note: All Lawyer Referral Information Services (LRIS) must be registered with the Supreme Court of Ohio.
        
        
      PHONE
      Allen, Lima
      Allen County Bar Association
      (419) 224-7534
      Clermont, Batavia
      Clermont County Bar Association
      (513) 732-2050
      Cuyahoga, Cleveland
      Cleveland Bar AssociationCuyahoga County Bar Association
      (216) 696-3532(216) 621-2414
      Franklin, Columbus
      Columbus Bar Association
      (614) 221-0754
      Hamilton, Cincinnati
        
      (513) 381-8359(888) 628-2577
      Lucas, Toledo
      Toledo Bar Association
      (419) 242-2000
      Mahoning, Youngstown
      Mahoning County Bar Association
      (330) 746-2737
      Medina, Medina
      Medina County Bar Association
      (330) 725-9744
      Montgomery, Dayton
      Dayton Bar Association
      (937) 222-6102
      Richland, Mansfield
      Richland County Bar Association
      (419) 524-9944
      Stark, Canton
      Stark County Bar Association
      (330) 453-0686
      Summit, Akron
      Akron Bar Association
      (330) 253-5038
      Trumbull, Warren
      Trumbull County Bar Association
      (330) 675-2415
      All Counties, Pro Seniors Legal Hotline and Referral Service
        
      (800) 488-6070
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Disclaimer: This general information about specific topics of law is intended to offer broad and general information. The reader should and is urged to seek advice from an attorney before the application of this information to a specific legal question, problem or claim.