Brian Russell Hester’s Answers

Brian Russell Hester

Hamilton Business Attorney.

Contributor Level 10
  1. Can I force my ex-wife from my home? She doesn't help out financially anyway

    Answered over 5 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    Is she on the title to the manufactured home? If not... and you didn't agree for her to pay rent or that in return for the loan she could stay in the trailer as a term of the loan, she's got no right to use the loan as grounds to live there. If all she did was loan you the money for the downpayment and she's not listed on the title of the home, all she's "entitled" to is having her loan repaid. That's all you promised her at the time. My bank loaned me over $100k for my house. They have...

    2 people marked this answer as helpful

  2. I'm currently beng garnished for a bill my dad racked up on my credit card 10 years ago. What legal recourse do I have?

    Answered over 5 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    Did you know your dad was using your credit card at the time? How about a month later when it showed up on your bill, did you notify the credit card company that it was an unauthorized charged? If your answers are yes and no, then it's your debt. How old is this debt? Regardless of the above, your only recourse at this time is to sue your dad for the money. You may have statute of limitation/statute of frauds issues since you had no written contract for your dad to pay this debt. Ask...

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  3. If I have a lien on a residential home and the home goes into foreclosure, Did I lose my money? or will the bank owe me?

    Answered over 5 years ago.

    1. Brian Russell Hester
    2. Lucas Eric Rowe
    2 lawyer answers

    You need to find all the paperwork you can from the closing and consult with an attorney. I'm unclear as to what exactly happened. Are you saying you lent the buyers' $10,000 towards the purchase price? If so, there probably should have been a second mortgage filed in favor of you subordinate (behind in line) to the mortgage from the lending company that lent the rest of the purchase price. If such a lien was created, then it should have been filed with the County Recorder's Office. A...

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  4. I just recieved a notice of garnishment of property other than personal earnings......

    Answered over 5 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    The Notice of Garnishment should contain a case number associated with it. That number should either be the original case number where the creditor obtained a judgment against you or its the case number where they certified the judgment in Summit County from another court. Either way that case number should lead you to a case where they obtained a judgment against you. If you honestly believe that they was never ever any judgment against you, you have only five business days from when...

    2 people marked this answer as helpful

  5. I live in ohio and got a forth degree grand theft charge.its my frist time being in trouble. what is a possible sentence.

    Answered over 4 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    If you have no prior criminal convictions, Ohio law statutorily presumes you will be placed on probation from one to five years. However, the potential prison sentence is anywhere between six to eighteen months. The Court may suspend the imposition of prison and place you on probation, but could impose a prison sentence later if you violate your probation. You should either retain a lawyer or, if you qualify, ask the Court to appoint counsel for you.

    1 person marked this answer as helpful

  6. I was told that I have one year (in ohio) to file a dental malpractice case. I have a lawyer to represent me, but can I file?

    Answered over 4 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    Unless you are trying to represent an incorporated entity (a corporation or limited liability company, for example), you have a right to represent yourself in a litigation. But you also had the right to do your own dental work. And I would expect the experience would be the same. Your dentist is going to be represented by a lawyer provided from his malpractice insurance company. So if you represent yourself, it'll be you versus an insurance company and its lawyers. Not good odds....

    1 person marked this answer as helpful

  7. My friend worked at a Christian, non-profit daycare center for the past four years. She recently got fired because they said she

    Answered over 4 years ago.

    1. Brian Russell Hester
    2. Jonathan H Levy
    2 lawyer answers

    Generally speaking, employment in Ohio is "at will" which means that either party may terminate the relationship at any time. The only limitations on that doctrine is that an employer cannot terminate an employment based on certain discrimination categories, race, religion, gender, pregnancy, age, etc. However, faith-based organizations are often exempted from such prohibitions to the extent that they present a conflict with their religious teachings. Even when an employer's stated...

    1 person marked this answer as helpful

  8. Can a criminal record be sealed after one year if you get a diversion and have good behavior for a year?

    Answered over 5 years ago.

    1. Brian Russell Hester
    2. Howard Woodley Bailey
    2 lawyer answers

    I'm assuming you received this charge in Ohio. Some diversion programs automatically expunge records upon satisfactory completition. So first, make sure it hasn't already been expunged. But, yes, you can ask that record expunged. Consult a lawyer.

    1 person marked this answer as helpful

  9. Does my landords husband have the right to enter my property although he is not listed as landord on my lease?

    Answered over 5 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    No, not whenever he feels like it. He probably is allowed to come into the property as the landlord's agent to make reasonable and necessary repairs. A landlord is allowed to come onto the property, upon giving reasonable notice, to make repairs to keep the place habitable. A landlord could probably rely on that right to make occasional (I'm talking maybe quarterly at best) inspection of the premises (checking/replacing air filters, replacing fire extinguishers, etc.). I guess it...

    1 person marked this answer as helpful

  10. Paid lawyer 1000 6 mo ago has not started discovery now wants 1000 more what can i do ? she called me obsecive compulsive.

    Answered over 5 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    Your post is a little unclear. This is what I gathered: you sued your sister to evict her, you paid an attorney $1,000 to do so. Your sister countersued saying that you made an oral offer to sell her the property. You don't say whether your sister claims she ever accepted that offer. Now the attorney wants another $1,000 even though you feel like nothing has been done in six months? You and your attorney should have signed a fee and representation agreeement which outlined the terms of...

    1 person marked this answer as helpful