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Clinton Errol Preslan
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Clinton Preslan’s Answers

48 total


  • Can he really take legal action?

    I purchased an item on ebay via echeck through paypal services.. Paypal and Ebay both note to the seller on multiple occasions to not ship the item first until echeck clears, otherwise the sellers protection will be void. Well, he shipped the item...

    Clinton’s Answer

    Regardless of the "protections" paypal and/or e-bay may offer its clients, the underlying transaction here is a sales contract. In a contract, there are three important parts: (1) an offer, (2) acceptance of the offer, and (3) consideration. Here the offer was to purchase (via an auction) a certain item. You made that offer by submitting a bid and not retracting it. That bid was deemed accepted as it was not rejected / did not fall below a reserve. The consideration (the quid-pro-quo) was the promise to pay in exchange for the item. The seller has performed by shipping you the item. therefore you have the duty to perform by making payment. Failure to do so puts you in breach. Therefore, yes, the seller can sue you. The question becomes weather the amount in controversy (the value of the bid / item) warrents the cost of a legal proceeding.

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  • I had signed a lease agreement for commercial space for monthly rent, but they mentioned in contract and lease offer

    i had signed a lease agreement for commercial space for monthly rent, but they mentioned in contract and lease offer the size of the unit but in real and after do the design work the actual less than in contract in 350 sqft, so what shall i will d...

    Clinton’s Answer

    It seems what you are asking is what is your redress on a lease where the square footage has been reduced due to subsequent construction. If this is an accurate rephrasing of your questions, there are several preliminary questions that need to be answered - is the rent calculated by the square footage? Why did the square footage go down? How are you measuring square footage vs. the landlord? Since this matter evolves a contract, there is not much that can be done without a review of that document as a starting point.

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  • Can I file a complaint on a Magistrate when he accepted a false document from the defendant?

    I file a motion to vacate the Magistrate decision base on tort law and the false document the defendant submitted to the courts At the motion hearing the defendant handed the new Magistrate the correct business invoice and she looks at him and te...

    Clinton’s Answer

    Your question is a bit confusing, but if I understand the facts: A magistrates decision was issued based in part upon a document you believed to be inaccurate. First, you needed to object to the document when it was being introduced as an exhibit to the court. If you failed to object to the document being admitted, you may have waived cretin rights. Next, you should have filed an Objection to the Magistrates Decision pursuant to the Ohio Civil Rules again alleging the reasons why the magistrates decision was inaccurate. if the objection to the Magistrates Decision was overruled by the judge and a final appealable order was issued, then you can appeal the case to the district court of appeals.

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  • What and how long is the filing process?

    I filed the motions and other paperwork with the domestic relations courts of cuyahoga county. They didn't tell me how long it would before I get a hearing, or if I will be getting one. Can anyone shed light on this? Is this the same as when I fil...

    Clinton’s Answer

    When you file a motion with the court, it must first be docketed, then sent for scheduling. The court and the judges have the discretion to set hearing dates based upon their calendar. Some motions will not have a hearing and will be granted or denied depending on if a response if filed, or if they are contested. You can check the court's on-line docket which is open to the public by searching under your case number. If a hearing is scheduled or motion ruled upon, you should see it noted on the on-line docket, and you should also receive notice in the mail.

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  • Can a single signature validate a contract agreed on by two parties?

    Hello, I run a small business and was contacted by a campus organization from a local university to provide a service on a set date in the future. They sent me a contract detailing cost among others which I agreed to so I signed and returned the c...

    Clinton’s Answer

    In contract law, there are three necessary elements: An Offer, An Acceptance, and Consideration. The first two are what the purport to be, and consideration is the "this for that" that binds the two together. I'll refrain from rehashing Contract law in its entirety and any issue that might come up under the UCC as the details you provided are a bit sparse, but, depending on the amount of effort you put into the contract before it was rescinded, you may have a claim for "Quantum Meruit" (services provided) and possibly a claim for implied in fact contract. However, You must also weigh the costs of litigating the contract vs what you may be able to recover. A contract claim will never provide "punitive damages" unless there is an associated tort. The contract damages will only allow you to be made whole to the point you were in prior to the agreement, rarely if ever will you be awarded contract expectation damages.

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  • On 3-1-14 I rental out to a perfect tenant, So I thought. A few days later they had a huge fight. Next week she threw

    something and broke my window. Then she called the cops and put him in jail. Next she demand the retainer back immediately. Then she accused me of coming there and stealing her playstation. I want to throw her out since she damage the house and is...

    Clinton’s Answer

    I agree with my colleague. A month-to-month lease can be terminated by the landlord or the tenant by posting a 30-day notice indication that the lease will not be renewed for an additional month. Thereafter, should the tenant remain in the property, the landlord has the right to post a 3-day notice demanding that the tenant vacate as they are a "hold over" tenant. after 3 business days, if the hold over tenant has not vacated, you can institute a eviction proceeding to have the hold over tenant forcibly evicted from the premises.

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  • Writ of bodily attachment against an LLC company?

    We won our court case on 10/11/13...no payments, filed for a judgment debtor exam and the defendants were a no show, filed for a show cause and again, no show. The judge is putting a writ of bodily attachment against the company and the owner, bu...

    Clinton’s Answer

    A body attachment is a court citation that allows the law enforcement to "arrest" a party, not because they owe a debt, but because they are in contempt of court for failing to appear at a court proceeding. it can only be directed at an individual, and not at a corporation. the "arrested" part will be released upon answering the questions that would otherwise be asked at the judgment debtor exam (ie: nature and location of assets). You may want to consider a charging order against the LLC - its like a creditors bill / garnishment, but is designed to be levied against an incorporated entity. If you are having troubles collection on your judgment, you may want to contact a creditors attorney who is familiar with the collection process.

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  • I recv'd a summons from the Court of Common Pleas. If I don't want to get an attorney, what is the correct way to respond back

    I recv'd a summons from the Court of Common Pleas (lawsuit for not upgrading property). If I don't want to get an attorney, what is the correct way to respond back on the paperwork they sent to me? I would like to deny the allegations but do not...

    Clinton’s Answer

    There are many types of lawsuits that can be filed in the Court of Common Pleas, a Civil Action, a Criminal Action, or an Administrative action. The summons are most likely a Civil or Administrative action. Pursuant to the Ohio Civil Rules of procedure, once a complaint is properly served upon a defendant, the defendant has 28 days to file an Answer admitting or denying the factual allegations set forth in the complaint. A failure to deny the allegations can lead t them being deemed admitted. Thereafter, the court will set a case management schedule and you will have to engage and answer fact discovery. Pro Se litigants (persons who are representing themselves) are held to the same level of professionalism and are expected to know the same amount of the law as an attorney. there is no "mulligan" for Pro Se litigants, therefore you should think very hard about representing yourself.

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  • Can I terminate my lease since the landlord did not fulfill his promises upon signing and provide maintenance timely?

    The landlord had promised all the tenants that he will not take more than 4 tenants in the house. Now there are six tenants. This is not only a problem of over capacity but also has effected my routine schedule due to limited common area (e.g. kit...

    Clinton’s Answer

    I am in agreement with my colleague's position. The first question that needs to be asked is whether-or-not these promises of the landlord were captured in the lease agreement (or other writing) that you and the landlord signed. If they are, then you can send a certified letter to the landlord (send it to the rent payment address) setting forth the issues that need to be addressed / corrected. You need to provide the landlord with a "reasonable amount" of time (typically 30 days) to remedy the issues, and if they are not corrected, you can create a "rent escrow" account at the local municipal court. A rent escrow account is where you pay the rent on time to the court, and the court will only release the rent to the landlord once the issued identified int he letter are addressed (assuming they are addressable pursuant to the lease). Should the landlord take any punitive actions against you, yo may have a cause of action against the landlord for retaliatory eviction.

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

    Had a 3 year commercial lease that we fulfilled. Negotiated a lowered lease rate and another 3 year lease but never signed. Went month to month and then got behind on payments. Notified landlord after a year on the month to month lease that we w...

    Clinton’s Answer

    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 facing an eviction, the landlord, in a commercial setting, can use "self help" to evict the tenant, such as changing the locks. A landlord can request "damages" for any damage to the property outside regular wear-and-tear, and also an unpaid rent that may have come due under the lease. Issues may also surround the return of a security deposit, if any, and whether there was a statute of limitation on the collection of unpaid rent/damages, if an itemized list was not properly based on to you the tenant. Lastly, you stated your business was "closed". Were you an incorporated entity, or a DBA? if you were incorporated, did you cancel your incorporated status with the Secretary of State? You should review this matter in detail with a commercial attorney in your area.

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