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Nicholas Isaac Andersen

Nicholas Andersen’s Answers

355 total


  • What is the Statute of Limitation on Certificate Judgement ( Civil) in Ohio. Can it be refiled?

    Default Judgment was filed in 2002.

    Nicholas’s Answer

    5 years if there is no execution. Yes, they can be renewed,

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  • Summons was sent by Certified Mail to wrong address , January 2006. Certified Mail Receipt returned signed by someone, not me.

    Default Jugemet was entered in the Dayton Municipal Court, Civil Division, February 2006. June 2006, moved to Richmond, Virginia. In the Circuit Court for the City of Richmond, an Affidavit and Foreign Judgement was filed, April 2010. Received Gar...

    Nicholas’s Answer

    I agree with counsel. Without service, the judgment is void ab initio. Have a lawyer contact the creditor to help you settle the claim.

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  • Can Respondent in Domestic Custody get Motion for Default because of Court failure to act on time, or due Process caused delayed

    Motions were filed after filed Motion for Modify Parenting...but the other motions were file to get Respondent ready for upcoming pending hearing for that custody case...but the judge, or other party, the plaintiff both have not been serious about...

    Nicholas’s Answer

    I think you should hire a lawyer! The system is slow and frusterating if you don't do it every day. There are plenty of reasonably priced domestic lawyers here on Avvo. Give one of them a call.

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  • The case I filed with Small Claims has moved to Municipal Court. Why did the defendant do this?

    I filed a case at Small Claims court and the defendant's motion was granted to move the case to regular court. Did he do this for a specific reason? Should I be worried? I was not even given a chance to show my evidence yet. I have plenty to back ...

    Nicholas’s Answer

    There are a lot more rules to follow in the full Municipal Court. The defendant may have a counterclaim exceeding small claims jurisdiction, may want to conduct discovery, or might simply just want you to go away now that things won't be so simple. The defendant's motion should have contained an affidavit explaining why removal was proper.

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  • Can I sue my fiancée for breach of promise?

    We have been exclusive for 9 1/2 years. We got engaged 12/06/06. (Still not married). I am 61 years old. He also made me several promises that he failed to keep and I have spoken to him only once since St. Valentine's day. We usually communi...

    Nicholas’s Answer

    Unfortunately, an engagement is sort of a promise to make a promise. I agree with counsel that you should speak to an attorney privately if you have concerns. Also, on a side note, if you have an engagement ring, your right to keep it may be be affected if the engagement is actually over. Make sure you discuss this with the lawyer you speak to. Good luck.

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  • Is there a way to obtain financial assistance for the preparation of transcripts for the court of appeals in Ohio? Civil Appeals

    I filed a Poverty Affidavits with the original notice of appeal following my loss of employment. I then filed a motion requesting that the transcripts be paid at the expense of the state, but it was denied. It was denied because my case is a civil...

    Nicholas’s Answer

    Perhaps a local bar association near you may be able to suggest some pro bono assistance. As an aside, if you are really considering appealing a small claims judgment (which can't be over $3,000) perhaps it is time to speak with a bankruptcy attorney. This would also help with the "accumulating medical bills". Good luck.

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  • My landlord is kicking us out because he wants to move into the house we have rented for 4 years.

    He lost his job and is moving back to Ohio. Wants us out in less than a month so he can move in. He never had us sign a lease but I have never owed or been late on rent. I have a family and animals, I am not going to be able to move until I find a...

    Nicholas’s Answer

    Your landlord owes you a 30 day notice as your tenancy is 'month to month' under Ohio law. This has to occur in the month prior (since you probably pay rent monthly). So his request that you be out by the 25th is probably not valid (unless he gave notice in January).

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  • Can I evict a tenant if my name is not on a title?

    My step father passed away and didn't leave a will and didn't put my mom's (his wife) name on the title of the house (the rental property), but she is the cosigner of the mortgage. We have not yet started the probate process, but one of the tenan...

    Nicholas’s Answer

    Your problem is authority. At this point, there is no one with the authority to evict. You are going to have to probate that property, so you might as well get the process going.

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  • Mother past had no power of attorney am I responsible for her nursing home bil. Sign her in.

    Have a lien on my home.

    Nicholas’s Answer

    The power of attorney was revoked upon her death. As far as your liability to the nursing home, unless you agreed to be liable, there will be no liability for you personally. I do agree with Mr. Beck that you should meet with the probate attorney to at least discuss the reimbursement for funeral expenses, especially if you or another family member pay for them.

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