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Carl David Marsh

Carl Marsh’s Answers

15 total


  • Can I be held liable?

    My question involves the state of: Ohio My house was broken into and they attempted to steal my car. They wrecked it into my landlords garage. I contacted the police and filed a report of the break in and attempted theft. I immediately called...

    Carl’s Answer

    A landlord typically cannot hold a tenant responsible for the actions of a criminal third-party. This does not mean than cannot try. The landlord should seek the repair costs from the criminal third-party. I suggest meeting with a local attorney if problem escalates with your landlord.

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  • Eviction and damages/money

    Can a landlord sue u for.back rent and damages and evicted u if ur not on the lease in ohio

    Carl’s Answer

    A landlord can pursue a tenant for damages, unpaid rent, and utilities. If you are renting from a landlord without a written lease, it is considered a month-to-month tenancy but all rights still apply.

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  • I do not currently have a lease. I pay my rent every two weeks. If I want to move, can I give a 14 day notice instead of 30?

    If I am still in the home beyond the 14 days, can a pro rate the rent?

    Carl’s Answer

    The default in Ohio is a month-to-month lease with a requirement of at least 30 days notice of intent to terminate the tenancy. If you were on a lease that ended then you will most likely need to provide 30 days of notice.

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  • My landlord wrongfully evicted me after cashing government check.

    I was recently served eviction papers from my landlord for past due rent for the month of May and June. I applied for a government assistance check for rent for the month of may which was approved and sent to my landlord. He called before cashing ...

    Carl’s Answer

    Go to the eviction hearing that is indicated on the summons in this matter. At the hearing, you will have an opportunity to explain to the magistrate your side of the issue. Bring all paperwork that you have in regards to the payment that was made on your behalf to hearing.

    If the landlord has not filed an eviction then you may be able to avoid the problem escalating by seeking mediation or speaking with the government agency that issued the check. Having an attorney for the process can help relieve the stress and make sure you are not taken advantage of.

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  • Two names on car loan, second name has car and is current on all payments, can second person be forced to sell car? my rights?

    second person, myself, is trying to refinance because of threats to being forced to sell the car

    Carl’s Answer

    There is more information needed to sufficiently answer your question. Assuming you are saying that the car loan is completely up to date and not in default and you and someone else are listed on the car loan AND the car title then Ohio's property exemption for vehicles would apply to the equity in the vehicle for both of you. What this means is that you two have a defense to a third-party creditor seeking to take the car for YOUR nonpayment of a debt. I would refer to O.R.C. 2329.66(A)(2).
    What I said does not apply if you are behind on car payments and the creditor seeking payment has the secured car loan. I suggest meeting with an attorney to discuss the details of your situation.

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  • Help with a bill in collections!

    My husband has one medical bill in collections, when we called to pay the bill they told us the bill is in three different agencies and entered 5 times and they are saying we have to pay the $500 bill five times to eliminate it. Is this true? We c...

    Carl’s Answer

    Verification of the debt is the first step you need to take. With the verification information you are able to determine the actual holder of the account, balance due and any charges they are alleging. After that, you can either dispute or attempt to settle the account. If you are facing severe financial difficulties, Ohio does have programs to help reduce or alleviate medical bills. Having an attorney in this process can alleviate much of the stress, lessen collection calls and make sure you are only paying what is actually due (or possibly less).

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  • What is the statute of limitations on back rent and fees for an apartment lease in ohio?

    I owe a total now of 7k to a collection agency who had this balance placed with them in 2011.

    Carl’s Answer

    If you had a written lease then the statute of limitations would be eight years for the creditor to file a lawsuit. See ORC 2305.06. The time starts from when the cause of action accrued, not when it is placed with collection agencies.

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  • In ohio got a paper from the court that if I fail to appear and defend an order to revive judgement will be taken agaist you for

    summons that a motion to revive judgement I have to answer must be filed with the court within 3 days after servive on the plaintiff'help iam so lost what to do'?

    Carl’s Answer

    A Motion to Revive a Judgment is an attempt by a creditor or judgment holder to be able to enforce and collect upon a judgment against you that is older than five years. Typically, you have 28 days to respond to motions to revive a judgment. What a lot of people get confused about with the 3 day warning is that the time to respond to the complaint begins upon service with an allowance of 3 days for mailing the response to the motion. I suggest immediately contacting an attorney to look at the specifics of your situation to determine if there is confusion or you are facing only a few days to respond.

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  • How long can a bank pursue legal actions for overdrawn accounts?

    I had a collection group call about an account from 2008. They gave information to my girlfriend when she called to inquire for me on 2 different occasions without her giving anything but my name.

    Carl’s Answer

    Your main question, how long a bank can pursue legal actions for overdrawn accounts, is relating to the statute of limitations a creditor can seek collection upon a debt. The time frame for statute of limitations is hard to determine from your given facts. Typically, the statute of limitations in Ohio on debt collection will vary between 6 years and 15 years, depending on the specifics of the case.

    If this is a third party debt-buyer or a collection agency, there may be a claim you could bring against them. I suggest meeting with an attorney to discuss the specifics of your case, determine if the collection is actually beyond the statute of limitations, and whether you have a potential claim.

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  • Do i need to hire a lawyer

    A lawyer is attempting to collect a supposed debt from a contractor, they sent documents that they intend to file in court for lack of payment, They say the job was completed and materials delivered. The work was never started nor were any materia...

    Carl’s Answer

    Having an attorney at the beginning of this process, when it is possible that it will proceed to court, is the best bet to protect yourself from accidental admissions and preserving any defenses you may have. I recommend contacting a local attorney to review the letter and your situation to help you devise a plan of action based on your specific circumstances.

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