Paul Walter Leithart II's Answers

What is a certificate of judgement?

Under Ohio law there are a number of mechanisms for a judgment creditor to collect a judgment. Among those are wage garnishments, bank account garnishments, execution against personal property, and in appropriate cases there can be the appointment of a receiver or a creditor's bill. A certificate of judgment is issued by the Clerk of Courts at the request of the judgment creditor. The certificate of judgment is then filed in the Common Pleas Court. The purpose of a certificate of judgment...

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How can I get emergency custody of my child who is in my possesion

Since the question originates from Columbus, Ohio I will answer this question based upon the practices in Franklin County, Ohio. The procedure to obtain a change of custody requires the filing of a Motion. The Motion will be set for a hearing, probably before one of the Magistrates. The hearing will originally be scheduled for a date that is one to two months after the Motion is filed. However, it is rare that the Motion actually comes on for a hearing that quickly. The process often...

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Can I serve a 3 Day Notice to Leave Premises for nonpayment of rent in the middle of serving a 30-Day Notice to Terminate?

The answer to your question is yes - if your tenant fails to pay rent on the first of the month you are entitled to serve a three day Notice to Leave Premises even though you have already served the tenant with a thirty day notice to terminate due to lease violations. The reason for this is that the failure to pay rent is a separate and distinct breach of the lease agreement which permits you to serve a three day Notice to Leave Premises. You need to keep in mind that the Notice to Leave...

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I had a lawsuit at 12 years old they said that I was going to get the money at 18 I never got it how can I find it

There are several possible answers to your question. The fact that you had a lawsuit does not necessarily mean that you recovered a judgment against the person or company that was sued. It is possible that someone filed a lawsuit for you but that you did not recover any money as a result. Since you were a minor when the lawsuit was filed, the clerk of courts of the county where the lawsuit was filed would have a record of it. It should be indexed under the name of your parent or guardian....

Can a contractor hold payment for services already completed?

As with many legal questions involving contracts of any kind, the answer to your question will depend upon the language and terms of the contract between you and the general contractor. Thus, this answer will provide you with some general guidance, but I cannot provide specific answers without reviewing the contract. For example, many construction contracts between a general contractor and the sub-contractors include "pay if paid" provisions. This means that the general contractor does not...

Back child support after the child turns 18

I assume that you are residents of the state of Ohio. I also assume that your husband's son has graduated from high school. Child support in Ohio can continue beyond the child's eighteenth birthday if the minor child is not a high school graduate and continues to attend an accredited high school on a full time basis. With regard to the arrearage, that amount will remain due and owing. In conjunction with a termination order the county child support enforcement agency may issue an order...

How do I get out of a lease if I have contacted the landlord about a bug problem

Under Ohio law you are not permitted to cease paying rent when a landlord fails to conduct repairs or to cure problems such as the bug problem you are experiencing. Your remedy is to escrow your rent under the provisions of Ohio Revised Code section 5321.07. You are required to give the landlord writen notice specifying the acts, omissions, or code violations that constitute noncompliance. The landlord has thirty days or a reasonable time considering the severity of the condition and the...

Brother-in-law will not move out

Once an individual is residing on a residential premises with the consent of the owner it is my experience that the police department will view the situation as a civil matter and not something that involves criminal activity. Thus your legal recourse is to file an eviction case against him. There are certain procedures that need to be complied with including the service of an eviction notice prior to filing the lawsuit. There are, of course, practical issues involved with evicting a person...

Can I ask the judge to wait a month before garnishment starts

There is no automatic legal right to a delay in garnishment procedures. My advice is to communicate with the opposing party's attorney prior to the hearing to request the delay. If he refuses then you can address your request to the judge or magistrate. Your question does not reveal any details about your current financial circumstances but you should consult with an attorney if you are in difficult financial circumstances. The filing of a bankruptcy will cause an automatic stay in all...

Landlords responsibilty to tenant.

When a landlord fails to make repairs to residential rental property, the tenant's option is to escrow the rent pursuant to Ohio Revised Code section 5321.07. The procedures are very specific and include the requirement that notice of the violations be sent to the landlord prior to escrowing rent. Among the potential remedies is the termination of the lease agreement. You may also be deemed to have been constructively evicted which would also permit you to terminate the lease agreement. You...