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Daniel James Myers
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Daniel Myers’s Answers

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  • What are the statute of limitations to refile a civil case involuntarily dismissed w/o prejudice in Ohio?

    The case at hand is one that was dismissed w/o prejudice due to lack of prosecution in 2011. At that time the plaintiff failed to respond to the court over a month period even after request and warnings were sent. The case has now been refiled ...

    Daniel’s Answer

    Generally there are two time limits to consider, the original statute of limitations and the one year statute for refiling a case. As long as one of these two time limits have not expired, the case could be refiled. It appears to be past the one year limit, so the next question is whether there is still time under the original statute of limitations. There might be some years left.

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  • Hello, how do we get a property lien removed from our property. We went to small claims and won the case.

    We had concrete work completed at our house 2+ years ago. We paid a deposit but refused to pay the balance because of the terrible work. We met with a moderator to try to rectify the situation but the company refused our requests in regards to the...

    Daniel’s Answer

    You should contact a lawyer. If you won, and if the Court ruled that no money was owed, then the lien is likely (although I would need to hear more to be sure) invalid. The contractor should have removed it within 30 days, and his/her failure to do so might entitle you to additional damages, or to have your attorney fees covered in regard to the cost of getting it removed. You should contact an attorney in your area. This may also be a consumer law violations on the part of the contractor. You can find some helpful articles about this topic at this law blog: www.ohiohomeownerlaw.com

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  • ATTORNEYS DON'T LIKE.....

    Attorney's really don't want to take a case after a Pro Se has well started their case, is this across the board?

    Daniel’s Answer

    It will depend on the case and situation you are in. Generally when someone first tries to do the work on their own, they miss some critical details that only an attorney would notice. That could destroy your chances of winning your case, even if you were totally wronged and deserved to be compensated. Some mistakes are impossible to come back from and change later, so Attorneys will be hesitant in some cases to take a case that someone else began pro se. I could be the best attorney in the world, and the case could be the best, most open and shut case in the world, but if a pro se party made too many mistakes before contacting an attorney, no amount of work that I do can help. If you can afford an attorney, it is a good idea to talk to one first.

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  • Body shop returned Truck with 630 mile more then when I dropped it off what are my options?

    My new 2012 chevy pickup was hit 3 months after I bought it. His insurance is paying. I took it back to dealer where I bought it. Said it be about 8 days. They had 3 weeks, but Thanksgiving was in the middle. I had to pick truck up on Saturday mo...

    Daniel’s Answer

    It depends on whether you can actually prove that the 630 miles were added by them, and what the old and new mileage was. It could be that they had to drive it to test it, it could be they used it without your authorization (theft/rental without consent) or it could be they violated Ohio's various consumer laws that protect you in these sorts of transactions. The mileage should be recorded on the forms you got from them. I'd be happy to speak with you more in detail about this, feel free to contact me.

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  • What happens if I can not return the money

    my relative gave me the money to purchase land. I have to return the money in a form of charitable contribution in 20 years. Him and I both signed it. Since than he has passed away.

    Daniel’s Answer

    It will depend on many things, including the language used in the writing that you both signed. I would be happy to discuss this with you further in person, as my answer would depend on much more information. Please feel free to contact me.

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  • I tok out a loan and repaid it to another company it was sold to now and now I have another colection company asking for the $

    I have my Visa statement that the JDS recovery took out $1170.70 plus $9.95 prsessig fee and a e-mail marking it paid why are two companys after me When i paid it off

    Daniel’s Answer

    Be careful what information you provide to the collection company--some of these calls can be scams and they are seeking more information to rip you off. Others are legitimate collection companies. If you would like to discuss this matter, you should speak with a consumer attorney in your area. Feel free to give me a call and I can see if I can help you in your situation. I do not know enough about your specific facts to give you any advice here in this Q&A post.

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  • If an attorney on a case sent text messages to his client saying he should run, kiss his kids goodbye, etc (many more)

    is this wrong and can something be done? He was being paid $10,000 for a feloney dui charge that the attorney wanted to take to trial, The client paid $7,000 by the time of trial and attorney kept threatening him and saying he could get him out of...

    Daniel’s Answer

    $10,000 seems like a lot of money for a DUI. You may wish to speak with the Cleveland Metropolitan Bar Association about filing a Grievance if you determine that you have been mistreated by your attorney. Their number is (216) 696-3525.

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  • I am looking to break a lease early and there is no specific language in the lease agreement which prohibits this. Am I liable?

    I am looking to break my lease early with no specific language in the lease agreement that says it is not allowed and no penalties are noted. I notified the landlord 3 months in advance. What else can I do to avoid legal issues?

    Daniel’s Answer

    I disagree with the advice provided by the out-of-state attorney--You need advice from an attorney licensed in Ohio.

    In Ohio, you have multiple options regarding your lease if it is a residential lease (your home, not for a business). Generally, if a lease is silent about you moving out, but you move out during the term of the lease (if it is yearly, you move out before the end of the year), you are liable for the remaining rent to be paid. However, the landlord has an obligation to try and re-let the premises. You may be able to get out of the lease by assigning the lease, surrendering the property if accepted by the landlord as a surrender where you don't owe more money, if the landlord failed to comply with the requirements of the lease or did not fix problems that are causing health or safety issues for you, etc. You could also try to assign or sublet the premises to get some money towards what you owe the landlord.

    Your specific situation will be very dependent on the nature of your lease, the length of the lease term, whether you gave notice, whether the landlord violated the lease, and whether the landlord can re-let the premises. You should speak with an attorney about this. You can find out about some of your rights as a residential tenant at www.OhioHomeownerLaw.com, there is a post about some important renter's rights. Other than that, call an attorney to find out what specifically applies to you and your situation.

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  • Will I be able to get refund

    My caravan didn't start and was towed to a mechanic. They said it was the starter and fixed it. I paid the $303 Same day my van died again. Next morning it was towed back. 3 days later they said they didn't know what was wrong with it and reco...

    Daniel’s Answer

    This is going to depend on what the original mechanic told you, and whether you were provided with the proper legal forms required of a auto mechanic. If this vehicle was used for your personal or family use, and not a business purpose, then it is possible that the Ohio Consumer Sales Practices Act would apply to your situation, and could entitle you to more than just a refund. The law sometimes allows individuals to recover 3x their damages and attorney fees, or even $200 per violation of the law, plus attorney fees.

    You didn't supply enough facts here to determine if this is true for you. You should contact an attorney about this, and you can read more about your legal rights at www.OhioHomeownerLaw.com, my consumer law blog in Ohio.

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  • How to get a small claims judgment enforced across states?

    I want to file small claims against a company in another state; is there any practical way to get a judgment enforced across states?

    Daniel’s Answer

    First you should make sure that you cannot file the lawsuit where you live in Ohio. Depending upon the type of issue you are suing about, and what conduct happened in your area, it is possible that the small claims municipal court in your area could be the proper place for you to file a lawsuit. You need to speak with an attorney first to determine if you can do this.

    If you have to file in another state, it is possible to enforce a judgment against someone, but you need to first worry about getting the judgment, and then worry about finding ways to enforce it. The specific actions you need to take really depend on your specific situation, and you should speak with an attorney about this first.

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