Daniel James Myers’s Answers

Daniel James Myers

Cleveland Litigation Lawyer.

Contributor Level 4
  1. ATTORNEYS DON'T LIKE.....

    Answered almost 2 years ago.

    1. Daniel James Myers
    2. Jann Collette Washington
    3. Kyle J Bristow
    3 lawyer answers

    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...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. If a contractor texts your phone from his with a finish day and time does that constitute a contract?

    Answered about 2 years ago.

    1. Daniel James Myers
    2. Ala M. Hamayel
    2 lawyer answers

    It may constitute a violation of Ohio's Consumer Sales Practices Act. This law, if it applies to your situation, may entitle you to more than just "breach of contract" damages, it might entitle you to triple your actual damages, plus attorney fees. You should consult with an attorney who is experienced with both construction and consumer law in the area to see if this law can be used to help you. More information about general consumer law rights can be found at www.OhioHomeownerLaw.com.

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  3. What I need to open a small business in Cleveland

    Answered about 2 years ago.

    1. Michelle Lynn Marshall
    2. Daniel James Myers
    3. Harry N. Konst
    3 lawyer answers

    What you need to do depends on the type of business you want to open (limited liability company, doing-business-as name, corporation, partnership, etc.), how you want it to be taxed (as a separate company or like a sole proprietorship), how many people you are going to involve in running it, whether you will have employees, and if you will be dealing with regular consumers in transactions involving goods or services for family, household, or personal uses. For example, if you are going to deal...

    2 lawyers agreed with this answer

  4. What happens if I can not return the money

    Answered almost 2 years ago.

    1. John Maurice Holcomb
    2. Daniel James Myers
    3. Charles K. Kenyon Jr.
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered almost 2 years ago.

    1. Daniel James Myers
    2. Thomas Michael Taggart Jr.
    3. Rixon Charles Rafter III
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

  6. I received a default judgment on a civil lawsuit for not paying the red light photo ticket. Can this be discharged in bankruptc

    Answered about 2 years ago.

    1. Charles Ross Smith III
    2. Daniel James Myers
    2 lawyer answers

    There generally is no requirement that someone engage in a collection process before filing a lawsuit against you for money or civil penalties. If this ticket is enough to put you into bankruptcy, or if you have other money issues that would do so, you really need to get specific advice about that from a bankruptcy attorney, who can guide you through the entire process. You should contact an attorney in your area soon to see what your options are.

    1 lawyer agreed with this answer

  7. FILING DEFAULT JUDGEMENT WHEN SUMMONS HAS BEEN EXECUTED....

    Answered about 2 years ago.

    1. Daniel James Myers
    1 lawyer answer

    It is unclear to me what your question is. In Ohio, if a defendant was served with Summons, and the deadline has passed in which the defendant had to respond by filing an Answer or other document, and the defendant failed to do so, then you can file for Default Judgment. There is no guarantee that you will win on that issue with the Court, and certain affidavits may need to be provided to the Court, but the motion would be proper in that case. However, if the defendant still has time to...

    1 person marked this answer as helpful

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

    Answered 5 months ago.

    1. Daniel James Myers
    2. Mark Eugene Barbour
    2 lawyer answers

    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.

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

    Answered 8 months ago.

    1. Shaye Larkin
    2. Daniel James Myers
    2 lawyer answers

    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....

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

    Answered almost 2 years ago.

    1. Daniel James Myers
    1 lawyer 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...