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John Robert Sauter

John Sauter’s Answers

146 total

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    I was in a car accident, I rear ended someone with out insurance , no one went to the hospital from the scene. I knew i was responsible so i went and paid i decent chunk of change to the ladies insurance collections to take care of the damages don...

    John’s Answer

    Did you have auto insurance at the time of the collision? If not, your situation highlights the dangers of driving without insurance - you can be held liable for the personal and medical damages you cause.

    It certainly could be the case that the individual you struck incurred $1,900 in medical bills. Many (if not most) individuals involved in motor vehicle collisions do not go directly to a medical facility, rather, they go to an urgent care or doctor's office hours or days after the collision.

    Should you had auto insurance at the time of the collision, report the incident to you insurance company so they can pay these bills.

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  • What are our rights during an eviction for non-payment, when we were told not to pay?

    My family and I rent a condo from my mother. We moved in in Sep '11, & paid $550/month through Chase quick pay. This was half of the mortgage payment. We never signed a lease-it was a verbal agreement. My mother told us Nov '12 she was plannin...

    John’s Answer

    • Selected as best answer

    The Ohio Revised Code provides that a tenant may raise ANY defense to an eviction action at trial. Thus, testimony that rent is not in arrears would be a valid defense.

    Furthermore, prior to commencing an eviction action in municipal court, the landlord must VALIDLY serve the 3-day notice by either (a) certified mail, (b) personal service, or (c) residential service. Sending a text message is not a valid method of service, and thus any eviction action the landlord would file after the defective service of a 3-day notice could be defeated in court, forcing the landlord to start over again.

    This does not constitute legal advice. No attorney-client relationship has been formed through this answer.

    Should you be interested in my services, you are welcome to contact me at 937-642-1819.

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  • Need to know how to word eviction notice to someone who has already been notified via letter and still has not complied.

    Tenant is in arrears in rent and in violation of lease agreement for not having utilities turned over into his name. Was given notice March 12, 2013 and had ten days to turn over utilities. Did not comply. Was given a 7 day notice to vacate th...

    John’s Answer

    Before instituting an eviction proceeding, a landlord must give the tenant a three-day notice to vacate, informing the tenant of the landlord's intent to begin a forcible entry and detainer action. If you attempt to begin a FED action w/out providing the tenant with the three-day notice to vacate as mandated by Ohio Revised Code 1923.04, the action will be defeated and you will have to start all over again.

    Tenant's prior evictions will not aid your current attempt to evict tenant, as tenant's prior evictions bear not relevance on whether or not he or she breached their current lease agreement.

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  • I am being sued for a house fire that was an accident a greese fire do we have a case and can you help please

    the landlord is not sueing the insurance company is the owners only had the house for 6months we lived there 2 months there was grease on the stove i was in the other room when i come back it was on the cabinets i got everyone out and called the f...

    John’s Answer

    You're being sued by the insurance company because the landlord's insurance company paid to have the area repaired. They are asserting their right to seek recovery from the party that caused the damage.

    You need to consult with an attorney to defend the lawsuit, because if you don't, you risk having a default judgment entered against you for the full value of what the insurance company is asserting.

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  • How long do companies have to collect on a bill?

    I had a credit card in 2000 I couldn't pay due to a divorce. The amount was $1000.00. I have been getting calls trying to intimidate me to pay. I am on Soc.Sec. Disability and age 64. Can they take my check?

    John’s Answer

    Keep in mind that the statute of limitations does not run until you default. Therefore, if you opened the credit card in 2000, but continued to pay it through 2008, the statute of limitations has not yet run.

    Also, debt collectors can attempt to collect a time-barred debt without seeking the use of a court, and may even file a lawsuit, but if the debt is outside the statute of limitations, you can use the age of the debt as a defense to their action.

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  • I have a question, I am a renter and have lived in the same house for 13 almost 14 years, in this time i've had the same carpet

    I have a question, I am a renter and have lived in the same house for 13 almost 14 years, in this time i've had the same carpet and tiles and paint!! Isn't the landlord supposed to come in and repaint and do the carpet every so many years? He has ...

    John’s Answer

    While landlords to have to abide by applicable health, building and safety codes and keep the apartment in a "fit and habitable condition," there is no Ohio law that makes a landlord replace carpet or repaint walls.

    If you think you're paying too much in rent, explain this to your landlord. Ask him/her to replace carpet and repaint walls. If your landlord refuses, move out.

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  • I have complained to rental manager about the dogs barking for hours An nothing has been done what can i do

    I have contacted them by phone on 3 occasions An went to the office today an complained i was assured it would be taken care of. Tonight the dog has barked over 3hrs. Is it fair to ask apt complex to pay electric bill r/t having to run the air al...

    John’s Answer

    There are several ways in which an apartment tenant can deal with barking dogs. First and foremost, have a conversation with the person who owns the dogs. Explain to them your frustration and ask that they ensure their dogs do not continue to bark. If that fails, place your landlord on notice. Explain to them, in writing, them problem and ask that your landlord speak to your fellow tenant about the problem. At the same time, don't hesitate to call your local police department on their non-emergency number about the noise the dogs are making. Dog barking can violate your local noise ordinance. At the very least, your calls to the police department will create a record you can show to your landlord. If you have a responsive landlord, he or she will ask the tenant to leave or take steps to evict the tenant. If you landlord does not take steps to evict or otherwise remove the tenant, consider telling your landlord, in writing, your desire to place your rental payment in escrow until the issue is taken care of. Finally, if this still does not stop the barking, you can file a civil action against the fellow tenant and your landlord for nuisance. At this point, you ought to consider moving out as well, as a civil action can add additional weeks or months.

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  • Can i sue a former employer for wrongful termination when i was terminated for lack of job performance when i was not trained?

    I was terminated for lack of job performance, but i was never properly trained for the job

    John’s Answer

    The other attorney's answer is on target: in Ohio, subject to some limited exceptions, an at-will employee can be fired for good cause (you stole something), bad cause (your boss doesn't like your hair color), or no cause at all. Just because they didn't train you properly doesn't mean your termination was wrongful.

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  • Can I /should I sue a clothing company from severe allergic reaction to wearing a blouse purchased from them.

    I wore a blouse to work that had a tie below the waist.I wore it in an indoor airconditioned office.Next day rash on neck and started developing wherever the shirt touched my skin, bought allergy medicine & cream.3rd day went on vacation hoping it...

    John’s Answer

    Can you sue? Sure. Should you sue is the more important question. First, start by documenting your healing process with plenty of records and photos. Keep the store receipt. Save the shirt. Document your expenses (out-of-pocket and anything covered by health insurance).

    Next, when you have recovered, consider your damages. How much did you spent on medical treatment? Keep in mind that filing a lawsuit can be time-consuming and expensive.

    Finally, consult with a personal injury attorney in your area to discuss your claim.

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  • I was on a month to month lease preparing to move. Gave my notice to leave by the end of June. landlord claimed never gave ..

    My lease was one month at a time. Manager of the park told me to give her the notice. All utilities were shut off at the home mid June. New lease else where was signed starting July and allowed to move in Mid June as well. Now I received a bil...

    John’s Answer

    Your statement highlights the important of sending notices via certified mail with a signature requirement, so that you have a verifiable paper trail in the event the other party claims you didn't give notice.
    When did you give notice? A 30 day notice is typically required in these situations.

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