Richard M. Bain’s Answers

Richard M. Bain

Cleveland Business Attorney.

Contributor Level 7
  1. Separation agrmnt. is stating ex wife is responsible for making payments and maintaining the car, but car is in both names.

    Answered over 3 years ago.

    1. Richard M. Bain
    1 lawyer answer

    If the financial institution has not agreed to release the husband from his obligation on the car, yes, he remains responsible for the debt. He could have recourse to enforce her obligation or be reimbursed in the domestic relations proceeding against the ex-wife for her failure to abide by the agreement and Court order. His credit can be effected by the wife's default on the payment and if that debt remains on his credit history.

    1 person marked this answer as helpful

  2. What should i do?

    Answered about 3 years ago.

    1. Richard M. Bain
    1 lawyer answer

    There is a significant difference between a sub-lease and the Landlord renting the apartment to new tenants. Generally, a sub-lease is an arrangment between you and the the subtenant. You need to understand what the arrangment between the subsequent tenant and landlord was. Also, the language of your lease is critical as to whether the new tenancy actually released you from your obligations. I recomend that you seek counsel from an attorney to review the documents. NOTE: This answer is made...

  3. I am co-borrower on florida condo the other co-borrower lives in the condo. I live in ohio and have a mortgage on my residence.

    Answered about 3 years ago.

    1. Richard M. Bain
    2. Carmen Dellutri
    2 lawyer answers

    Assuming that you have signed the note and mortgage for the Florida condo, if there is a judgment on the note rendered against you personally in Florida, then that judgment for money, if it remains unsatisfied, could be transferred to Ohio and a judgment lien placed against your real property in Ohio and executed upon. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client...

  4. Can someone be fired for making off-the-record comments to a colleague that by no means are disparaging or otherwise offensive?

    Answered about 3 years ago.

    1. Richard M. Bain
    2. William Ira Corman
    2 lawyer answers

    Ira is correct. Ohio has adopted the employee at will doctrine. Absent an employment contract or other circumstance, such as a collective bargaining agreement, dictating the term of employment and how it can be ended, no justfication or reason is necessary to fire an employee solong as it is not for an illegal discrimatory reason. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney...

  5. I am looking to start a small pest control business. What is the first step as far as incorporating my business?

    Answered about 3 years ago.

    1. Richard M. Bain
    2. Christopher Andrew Corpus
    3. Pamela Koslyn
    3 lawyer answers

    My impression is that an LLC would be quite suitable for your purpose. The LLC is more convenient to operate as an entity than a corporation with fewer "formalities" required of you. It will also avoid the issue of double taxation which might be encountered if you were to elect to be a "C" corp. If you want to go the corporate route, you will likely want to make an "S" election. I do not think that you will require a CPA to make this decision. Good legal advice should suffice. In any event you...

  6. As an employer, can I ask for a doctor's excuse from an absent employee?

    Answered over 3 years ago.

    1. Richard M. Bain
    1 lawyer answer

    The answer depends in part on the nature of your empoyment relationship with the worker and the reason for requesting it. Ohio has an employment"at will" doctrine but, thatmay be overcome by an employment contract which bears on the answer, Beware that an employment manual may become part of what you would not have recognized to be an employment contract. Of course, no discriminatory or otherwise illegal purpose can underly such a request. NOTE: This answer is made available by the lawyer...

  7. Can a business have the same name in the same industry in the same state??

    Answered over 3 years ago.

    1. Samuel Earl Whitley
    2. Richard M. Bain
    3. Deborah Gonzalez
    3 lawyer answers

    Often, the registration of the trade name does create enforcable rights by the owner of the trade name, and in fact he may need to take steps to protect the trade name from improper use by another to continue to maintain the rights. . One alternative you might have is to obtain a license from the owner of the trade name to use that same name. If the markets in which you operate do not compete, that may be an acceptable solution for you both. NOTE: This answer is made available by the...

  8. Dr. will not accept resonable fee from ins

    Answered over 3 years ago.

    1. Richard M. Bain
    1 lawyer answer

    Unless a doctor has a contract with the insurer( or the patient) to accept what is paid by the carrier, the patient is generally obliged to pay the doctor any unpaid balance for the services. Sometimes it can be negotiated "after the fact " with the doctor to compromise some or all of the balance of the bill. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege...

  9. Case Management Conference

    Answered over 3 years ago.

    1. Christopher W. Vaughn-Martel
    2. Richard M. Bain
    2 lawyer answers

    Your question is a bit vague as to the exact action of the clerk. Sometimes a court will issue a "Notice of Default" and permit the non-appearing party to appear and explain why a default judgment should not be entered against it. Other times, the court may actually enter the default judgment merely for the non-appearance. Once a default judgment is entered,, th ePlaintiff could ordinarily proceed to execute upon the judgment. NOTE: This answer is made available by the lawyer for...