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Joseph Ostrowski’s Answers

386 total


  • How long do you have to file a counterclaim when served with an eviction?

    I am curently going through an eviction process. I already went through the first part. The judge granted the eviction and we are scheduled for another court date for the money suit. I was doing some research and found that i am able to file a cou...

    Joseph’s Answer

    File a counterclaim against fellow tenants as necessary. If you mean filing a cross-claim against the land lord it should be done in a timely matter for a legitimate reason and not as an after thought. You should go to Google and search ORC (Ohio Revised Code) Landlord/Tenant and your rights and duties as well as the land lord spelled out in detail. Also read the contract (really) before you sign it and if you are being evicted it sounds like you may be grasping at straws. I need more information.

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  • How can my husband get more parenting time with his children from his previous marriage?

    His ex wife is unreasonable. We would like 50/50 custody. Our children have grown up together and it is mentally hard on the kids to only see us every other weekend. We have a nice home and the means to provide for them. We pay $1200 a month in su...

    Joseph’s Answer

    Best advice speak to a DR attorney, file a motion regarding your concerns and ask the court to appoint a guardian ad litem. This is the way to go. Also document everything in excruciating detail.
    I would be willing to help or point you in the direction you need to go.

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  • When evicting someone can I charge them late fees??

    went to court house and had a summons sent to tenants for non payment of rent for past 3 months.Can I also get a certain amount per day that they are still in the home and not paying the rent?? Tenants were given a 7 day in July but not a 7 day t...

    Joseph’s Answer

    This should all be spelled out in a good lease. You can't add fees on as you so desire, but if it spelled out in the body of lease you can. There may be statutory % that could attach if you obtain a judgment against them. You can also go after them civilly beyond the amount of the security deposit and rent due by going after them in negligence (off the contract) if they trash the house.

    Do yourself a favor, get credit reports and better renters.

    Good luck.

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  • What can i do so my license wont get suspended. had no insurance and was in car accident was at fault.

    their was only scratch on her car she said she only wanted deductable. so i paid her cash . now insurance company saying to pay them 2,000 that i dont have or my license is getting suspended. what do i do?

    Joseph’s Answer

    An insurance company cannot suspend your license, but the State of Ohio can and should for you driving around without insurance . If you paid her deductible (your a nice person and probably were at fault). The insurance company now wants $2,000 that they're is out for fixing the so called "scratch" which you caused. Here you are personally financially on the hook. The insured driver's car was covered, and the insurance policy is seen as an asset of the person you hit as they paid for the damage you caused to a car which is hers. Since she has insurance, and her insurance company paid on her behalf, they have the ability to recover their loss and "step into her shoes" (subrogation of loss) Now the insurance company of the car you scratched is damaged financially to the tune of $2,000 and in a perfect world would probably simply call or sue your insurance company for their loss which in general makes the world turn. Well that's if you had insurance, since you don't have insurance you are personally liable for the damage. You might be entitled to some set-off (in the amount you paid the person you hit) however something tells me since you don't have insurance for your vehicle, you can probably not prove to the satisfaction of an insurance company or court of law that you actually paid her anything, because you were breaking the law driving around without insurance that would have covered you for the damage you caused. See the short of it is that you should have used that money, or rather should have saved that money instead of giving it away for no good reason. If you actually paid her deductible you could have used that money to get minimum coverage. Liability for deductibles is usually the responsibility of the owner of the policy of an insured driver. Now ask yourself what if it were a head on collision and someone got seriously injured or killed.

    Do us all a favor and ride a bike or better yet walk. Your license should be suspended, what right do you have to drive around all of those who carry collision insurance. You are obviously not a responsible driver and thought you'd be off the hook by paying her deductible. To top it off you are actually whining about losing your license - I'd bet 10 to 1 that you continue to drive without a license because you have demonstrated that you are irresponsible. A driver's license is a privilege you should not have because you don't think your special as long as you don't get caught, I 'd even go further and bet as long as you have access to a car and the keys you will drive with a suspended licence.

    Be a responsible, merely having a licence does not mean you can drive, the rules of the road mean valid driver's license and valid insurance. Your actions demonstrate you are a menace on the road and should not be allowed to drive until you learn the rules. Your license should be suspended. I also bet you will find not much sympathy in this forum. I doubt there is a lawyer out there who would take you as a client as you would probably not pay for their services.

    Here endeth the lesson.

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  • What if a civil demand letter was sent via regular mail, not registered or certified?

    I just received a civil demand letter from Buckeye Protective Services after a shoplifting incident at Giant Eagle. I was expecting the letter to be from a law firm, and to be sent registered or certified mail, as specified by the Ohio Revised Cod...

    Joseph’s Answer

    A demand is just that, an empty noise, I would wait for the law suit to be filed. But don't be stupid the lawsuit that will probably be filed would be a criminal complaint and a demand for restitution which you then would be obligated to pay, they just want money in the amount of the items that you stole. Pay them their money and move on or this could screw up your life depending on how old you are. Stealing is a crime of "moral turpitude" so duck this bullet and move on.

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  • My ex just sent me a facebook message saying if i sign over parental rights to her for our son that she will not go through with

    child support actions does this show that she dont need child support and she is just being malicious and vindictive and does that help my case and harm hers

    Joseph’s Answer

    The other answers are correct. It sounds like she does not want anything to do with you and it would better for her and the child to have nothing to do with you.

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  • How can my boyfriend stop his drivers license from being suspended for not paying child support?

    My boyfriend has not been able to pay his child support for last 3 months and he received a letter stating that his drivers license will be suspended in a few days. He honestly does not have the money to pay it . What can he do to keep his licen...

    Joseph’s Answer

    He should get a job so he can pay support and keep his license active. This is what happens when irresponsible people have kids. He will have arrears that will pile up indefinitely for probably the next 18 years. He will probably never be able to climb out of this hole until he mans-up gets a job and takes the bus and fulfill his duty to his child. See if legal aid is available to help you.

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  • Revengeful, ex-boyfriend lied about me to a couple healthcare people at VA hospital about me. Any recourse?

    I tape recorded voice msgs plus saved text msgs; but it seems he is still able to get away with his behaviors. Tried going thru a church pastor who advised me to report him to the police for his threats; but then 6 wks later the church pastor con...

    Joseph’s Answer

    Go to the DR Court, ask for legal aid and get an ex-parte CPO. This could end badly.

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  • Can a hearing for a motion to compel for my financial info be quashed as was 2 previous attempts to get my info by my wife's ex?

    The case is listed between my wife and her child's father. He has not requested HER financial info. Our judge has not ruled on child support only 'temporary custody' for him with visitation. He has not been cooperative with visitation since the ju...

    Joseph’s Answer

    • Selected as best answer

    in Ohio the income amounts would be excluded, but the amount benefit would be acknowledged. Stay out of this or formally adopt the child and make a lump sum payment to the deadbeat.

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  • Can you help me off of Juvinille DrugCourt probation would the following sitution be enough to remove myself from the program.

    I am a week away from being 16 and i have ben on probation foe 2 years now for simpley parting a little with my freinds it is a faze many teens go through.. All though i have mad mistakes in the past with illegal activites i have changed and even ...

    Joseph’s Answer

    Look kid, you got put on probation when you were 14. Wake-up the drug court program is the only thing that is keeping you in any kind of check at all. At 16 you should be able to avoid spelling errors. No lawyer in their right mind would jump in to get you out of being supervised. Make the mistake while you are a child or you will suffer nothing but a life of regret. Get your act together, finish high school and go to college. Or go to jail. Those are your choices.

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