David G. Weilbacher, Esq.’s Answers

David G. Weilbacher, Esq.

Cleveland Criminal Defense Attorney.

Contributor Level 15
  1. Some one posted pictures of me on the enternet and made untrue storys about me and also posted videos with out my permission.

    Answered over 5 years ago.

    1. David G. Weilbacher, Esq.
    2. Alan James Brinkmeier
    2 lawyer answers

    You have potential claims for defamation. The question you need to ask yourself is whether the defendant is collectible, i.e. does he have money or other assets. This type of claim would not be covered by insurance. You might be able to obtain a judgment, but not able to collect. If you a simply looking for vindication, it might be worth it to you to pursue the lawsuit knowing that you might not recover. Disclaimer: I am not offering legal advice. I am just making suggestions for starting...

    7 lawyers agreed with this answer

    21 people marked this answer as helpful

  2. If I do not pay rent on my apartment and am evicted, what is the timeline for eviction? How long do I have until I must go?

    Answered over 5 years ago.

    1. David G. Weilbacher, Esq.
    1 lawyer answer

    If you fail to pay the rent when due the landlord can serve you with a 3 day notice to vacate. You will have 3 business days to vacate. If you fail to vacate the landlord can file a complaint for forcible entry and detainer. The court will set a first hearing approximately 3 weeks after the filing date. At the hearing the magistrate will ask if you have paid your rent, when you say no the landlord will be granted possession of the property. The magistrate will give you 7 to 10 days to vacate....

    4 people marked this answer as helpful

  3. Our Guardian ad Litem was totally unfair and lied on the witness stand

    Answered over 5 years ago.

    1. David G. Weilbacher, Esq.
    2. Okorie Okorocha
    2 lawyer answers

    Do you have evidence that the GAL lied, or do you simply disagree with the GAL's assessment. Disclaimer: I am not offering legal advice. I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. I recently received a speeding ticket for going 48 in a 20 mph school zone. Does anyone know the consequences for this in Ohio?

    Answered over 5 years ago.

    1. David G. Weilbacher, Esq.
    1 lawyer answer

    On the facts you have described, I would fight the citation. Disclaimer: I am not offering legal advice. I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. Procedure for filing for bankruptcy protection, chapter 7, chapter 13

    Answered over 5 years ago.

    1. Jay S. Fleischman
    2. David G. Weilbacher, Esq.
    3. Noel Pitner
    3 lawyer answers

    You cannot receive a discharge in 13 unless your 7 was discharge four or more years ago. So, if it was in 2004, you should be ok. If it was in 2005, there may be a problem. You may want to wait until the four year anniversary date before filing. Disclaimer: I am not offering legal advice. I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. Wills...how can we get a hold of the copy no one seems to want to share what's in the will with the kids of the deceased father?

    Answered over 5 years ago.

    1. David G. Weilbacher, Esq.
    2. Frank A Selden
    2 lawyer answers

    You can file an application with the probate court to administer his estate. You have a couple of options. You can file a the probate application as if he died intestate, i.e. without a will. You haven't seen the Will and have no way of knowing for sure one exist. If the girlfriend has the will, you can still file an application to administer the estate, and file a motion with the court requesting a order directing the girlfriend to produce the will. If she fails to do so, and the original...

    3 people marked this answer as helpful

  7. I closed my business in February of 2008. It was a LLC which has not been dissolved. The business owed 5,000 in sales tax in OH

    Answered over 5 years ago.

    1. David G. Weilbacher, Esq.
    2. Benjamin Beau Berger
    3. Eric J Michaels
    3 lawyer answers

    YES. Individuals can be held personally liable for the sales tax debts of a corporation or LLC. Those individuals, corporate officers or trustees having control or supervision of, or charged with the responsibility of filing returns, making payments, or executing the corporation's or business trust's fiscal responsibilities can be personally assessed for the outstanding trust tax debts of the corporation. Individuals can also be held personally liable for a company’s failure to file and pay tax...

    1 lawyer agreed with this answer

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  8. Power of attorney - notarized or witnessed?

    Answered over 5 years ago.

    1. Janet Lee Brewer
    2. David G. Weilbacher, Esq.
    2 lawyer answers

    Typically the notary can be substituted for the witness signatures. The safest practice would to have both; that way your covered. It is not a good practice to have family members as witnesses for reasons to numerous and complicated to discuss in this forum. Have uninterested people witness the signature. Disclaimer: I am not offering legal advice, assume I do not know the law in your state and that I am just making suggestions for starting points for when you do speak with an attorney. Do...

    6 people marked this answer as helpful

  9. My disabled daughter just turned 18. Do I need to apply to be her legal guardian to handle her financial affairs?

    Answered over 5 years ago.

    1. David G. Weilbacher, Esq.
    1 lawyer answer

    If your daughter is not mentally competent, you can petition the probate court in the county in which your daughter resides for a guardianship. You will need to make to requests. You will be requesting to be named "guardian of the person", which allows you to make medical, housing and other similar decisions, and requesting to be named "guardian of the estate", which will allow you to handle her finances. You can obtain the necessary forms from the probate court. Please be aware that the court'...

    2 people marked this answer as helpful

  10. Dui question

    Answered over 5 years ago.

    1. David G. Weilbacher, Esq.
    1 lawyer answer

    Your question poses a number of issues. First, if you attempt to obtain an Ohio license under false pretenses, i.e. you are a state resident when in fact you are not, you would be subject to criminal charges. Second, although I do not practice in MI, I have to believe that if you are puled over in MI the police officer is going to run your name and social security number through the system to check for warrants. When doing so, it is likely that information will come back that you do not have...

    1 lawyer agreed with this answer