Brian Russell Hester’s Answers

Brian Russell Hester

Hamilton Business Attorney.

Contributor Level 10
  1. Is there a statute of limitation on mechanic liens

    Answered over 5 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    If the contractor hasn't and doesn't commence suit on the lien, it is valid and enforceable for six years under R.C. 1311.13(C) from the date the affidavit of mechanic's lien is recorded. Contact a real estate attorney in your area and the attorney can explain to you how you can force the contractor to either sue you to obtain an actual judgment based on his claim for the lien, or otherwise lose his lien on the property even before the six years expires. It's a fairly common procedure and...

  2. My friend and i got cought shoplifting at macys and theyre charging me $200 of fine i cannot afford that what can i do??

    Answered over 5 years ago.

    1. Brian Russell Hester
    2. Joseph Briscoe Dane
    3. Alan James Brinkmeier
    3 lawyer answers

    If I understand your question correctly, you got a letter from either Macy's or a law firm representing Macy's demanding $200 for compensation under Ohio's statutes providing statutory damages for victims of theft-related offenses. That's what I'm assuming your referencing to as a "fine" if you haven't even had court yet. If that IS the case, it is nothing more than a civil claim that the store would still need to be willing to file litigation against you and win before they could collect...

  3. Do I have a malpractice suit against my personaly injury lawyer who ripped me off?

    Answered over 5 years ago.

    1. Brian Russell Hester
    2. Ronald Anthony Sarno
    3. Jonathan H Levy
    3 lawyer answers

    In Ohio, the statute of limitations for legal malpractice is one year. Therefore, if it's been more than one year since the legal representation ended, you're potential legal malpractice claim is time barred under the statute of limitations. You might still be able to file a complaint against the attorney with the local county bar association or with the Ohio Supreme Court's Office of Disciplinary Counsel, but since it's been ten years they may be unable to adequately investigate it due to...

  4. Is there a way 2 get property returned that was taken during a search warrant?

    Answered over 5 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    If it's been over three years, I question whether the police are still in possession of it now that your matter is closed. You can contact another attorney and file a Motion for Return of Personal Property under your prior case number for the return of personal property. You can always contact the arresting law enforcement agency as well and see if a) it's still in their possession, and b) they'll release it to you without a court order. My advice would be to be as specific as you can as to...

  5. Can I refrain from paying rent if my landlord refuses to take further action on a infestation issue with rats and mice?

    Answered over 5 years ago.

    1. Brian Russell Hester
    1 lawyer answer

    Short Answer: No. Ohio law never gives a tenant a right to stay at a place rent-free. I'd suggest you may want to contact Legal Aid if you cannot afford an attorney to help you guide through this process. First, I'd start off by putting in writing to a letter to your landlord the problem, how long it's been going on, and that it still is a problem. Second, contact the Health Department to inspect the premises (a landlord cannot evict you based on filing a complaint with the Health...

  6. Hi me and my husband just bought a car from a private seller on craigslist 45 days ago head gaskets are blown

    Answered over 5 years ago.

    1. Brian Russell Hester
    2. Ronald Lee Burdge
    2 lawyer answers

    Ohio's Lemon Law only applies to commercial automobile dealers, not private sellers, and it only applies to new vehicles. For your convenience, I'm including a link from Ohio Attorney General Richard Corday's office on Ohio's Lemon Laws. This doesn't mean that you aren't without recourse, it just means Ohio's Lemon Laws and the particular relief it provides isn't available. Can your mechanic say that the problem with the head gasket was such that the owner knew or should have known that...

  7. I am wondering if verbal agreements will be enough to be held in small claims court in Toledo, Oh

    Answered over 5 years ago.

    1. Brian Russell Hester
    2. Matthew O. Hutchinson
    3. Ronald Anthony Sarno
    3 lawyer answers

    Unfortunately, I need a little more information. Are you saying he took a $3,000 cash withdrawal from your joint account? An oral contract to repay money is enforceable, although a written contract is obviously the best evidence. What was the money for? What evidence do you have that he promised to pay the money back? The problem with joint accounts for non-married couples is that there's no divorce settling whether one party has to return property or compensate the other partner for...

  8. Can I have an at-home salon business if I give up my cosmetology license?

    Answered over 5 years ago.

    1. Brian Russell Hester
    2. Alan James Brinkmeier
    2 lawyer answers

    I think you knew the answer to the question before you posted it. No, you cannot operate a home business hair salon and operate as a stylist without maintaining a valid, active license from the State Board of Cosmetology and comply with its regulations regarding the operations of the applicable branches of Cosmetology being practiced in your home. You should also know that performing comsetology services without a license is a fourth-degree misdemeanor, punishable by up to thirty days in...

  9. Does a Non Compete hold up if I am laid off?

    Answered over 5 years ago.

    1. John J. Ferry Jr.
    2. Brian Russell Hester
    2 lawyer answers

    A Non-Compete Covnant is still enforceable even if you are terminated. Whether THIS Covanant is enforceable may be debateable. Generally speaking, most court hold that a CNC is only enforceable if the restrictions are reasonable in duration and geographic limitations (if your employer doesn't have an office anywhere near where your new job is, then they likely cannot bar your employment under a CNC.) Factors a court is going to look at is the time, geographic limitations and the skill and...