Clinton Errol Preslan’s Answers

Clinton Errol Preslan

Rocky River General Practice Lawyer.

Contributor Level 7
  1. I own a condo in Ohio and my tenants just moved out. How do I seek payment from them for damages?

    Answered about 1 year ago.

    1. Clinton Errol Preslan
    2. Michael J. Caticchio
    3. Celia R Reed
    3 lawyer answers

    Assuming that the tenants moved out at the end of the lease, (and you do not have unpaid months rent) then your damages would be the cost of cleaning and repairing the rented unit. Documentation is key as it will not only allow you to keep detailed records to submit to the former tenant, but will also provide evidence should you need to go to court. First assess the rented unit. What needs to be replaced, repaired and cleaned. If you go to a DYI store, make sure you keep the receipts for...

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  2. How do I collect a mortgage due to me by divorce decree?

    Answered 8 months ago.

    1. Clinton Errol Preslan
    2. David Jay Sternberg
    3. Vincent J. Gallo
    3 lawyer answers

    If you are a "private" mortgage holder, you can start by sending out notice of delinquency letters and the a letter stating the balance due will be accelerated if the delinquency is not cured. There should be language in the terms and conditions that speaks to this. If the delinquency is not cured, and the debt is accelerated, then you can seek to collect either by filing a foreclosure action and/or seeking a personal judgment on the note. One ting to be clear on, the Promissory Note is your...

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  3. Can I sue for faulty plumbing repair and water damage?

    Answered 12 months ago.

    1. Clinton Errol Preslan
    2. Martin Dennis Koop
    2 lawyer answers

    Depending on additional facts, this sounds like it may be a claim that sounds in negligence. The plumbing company had a duty to repair your sing within a reasonable standard of care. If the sink was not properly repaired (as opposed to a subsequent or separate issue causing the leak) then the plumbing company breached its duty. I would suggest following up with the plumbing company, but if they continue to give you a hard time, I would also suggest having an estimate drawn up for the repair...

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  4. Ohio Landlord shutting off utilities to force me to move out

    Answered about 1 year ago.

    1. Chase Randall Carter
    2. Clinton Errol Preslan
    3. Andrew A Esposito
    3 lawyer answers

    There are several parts to your question that need to be addressed separately, and to do that, I would strongly recommend you seek the assistance of counsel due to the technical nature of the alleged claims. First: you stated you were in a month-to-month tenancy without a lease. Typically in a month-to-month situation, should the landlord or the tenant provide 30 days notice to the other, the month to month lease terminates after that 30 days has expired. If the tenant continues to "hold...

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  5. My wages are being garnished and I filed a motion to stay and vacate the judgment. what should I expect at the hearing?

    Answered 12 months ago.

    1. Clinton Errol Preslan
    2. David Michael Benson
    2 lawyer answers

    There are many aspects to your question. First, you are being garnished because a creditor obtained a judgment against your. From the information you provided, that judgment appears to be based upon the difference between the amount owed on the car that was re-possessed, and the sale price of the car at auction. The garnishment hearing itself will focus on the source of the funds being garnished, and any hardships you may have. Earned income is garnish-able if the creditor holds a valid...

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  6. DEFAULT JUDGMENT + CERTIFICATE OF JUDGMENT

    Answered about 1 year ago.

    1. Amy Lavonne Wells
    2. Clinton Errol Preslan
    3. Gary Joseph George Jr.
    3 lawyer answers

    In this economy, it is not uncommon for "delinquent accounts" to be sold from the original creditor to a third party debt buyer. Depending on the way both the original creditor and the subsequent buyer keep their records, documents showing how the current balance due was calculated should be available. It is advisable to request those documents to review and make sure that any payment you may have made is properly credited to the account. Under the civil rules of procedure, a party...

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  7. How do I respond to an email from my landlord regarding emptying of a previously rented commercial space?

    Answered 8 months ago.

    1. Amber Michelle Reams
    2. Clinton Errol Preslan
    3. Peter Stephen Kirner
    3 lawyer answers

    There are several aspects that need to be discussed with regards to your question, all of which will need more details and facts to answer specifically. First off, when a month-to-month lease is terminated, either the landlord or the tenant must provide at least 30-days notice of the termination. Thereafter, the tenant should vacate the premises (including all of its belongings) and surrender the keys to the premises. That being said, if the tenant is behind in rent and would otherwise be...

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  8. Can I get out of a purchase agreement my husband signed with Dollar General selling our LLC property?

    Answered 11 months ago.

    1. Clinton Errol Preslan
    2. Nicholas Isaac Andersen
    2 lawyer answers

    More details are required to answer your question. Who was the title owner of the parcel of real estate, and/or was the parcel owned by a business you had an ownership interest in? Typically, the owner of record - meaning the person or entity that is the title holder of the property - has the right to dispose of the property as they see fit. If there is some supervening contract that would otherwise prevent the sale of the property, you may have a breach of contract claim, but typically, who...

    2 lawyers agreed with this answer

  9. Do I have any recourse from a former landlord?

    Answered 11 months ago.

    1. Clinton Errol Preslan
    2. Nicholas Isaac Andersen
    2 lawyer answers

    A landlord has the right to seek damages consisting of restoration costs to a rented premises that are in excess of "general" wear-and-tear. Typically, a tenant must return a rented premises to the landlord in substantially the same condition it was received in, one of the reasons why noting questionable conditions on an initial walk-through is so important. Without further information regarding the initial condition of the floor, and what was done to restore the floor its hard to provide...

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  10. What would this be qualified as?

    Answered 11 months ago.

    1. Clinton Errol Preslan
    2. Tregg Robert Lunn
    3. Steven A. Jayson
    3 lawyer answers

    You question's wording is a bit confusing: however I think what you are asking is "If a creditor attempts to collect its own debt, is it subject to the FDCPA?" The short answer to that question is No. The FDCPA controls the actions of debt collectors, however, the original creditor, even when collecting its own debt, is not a "debt collector" it is the original creditor.

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