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John Robert Sauter

John Sauter’s Answers

151 total


  • Without any contract, does a person have the right to place a lean on a home they worked on?

    New windows were installed and final payment was not received. Verbal contract was made for $5,100.oo. Payment of $4,000.oo was received.

    John’s Answer

    Speak with an attorney. There is a danger proceeding with a mechanic's lien based on your lack of written contract. Generally speaking, if home improvement contracts/estimates are not in writing, it may expose the supplier to liability and penalties under the Ohio Consumer Sales Practices Act (CSPA). Therefore, walking away from the final $1,100 might be more cost-effective than attempting to proceed with a mechanic's lien, based upon the penalties that could be imposed against the supplier under the CSPA should the consumer attempted to fight the lien in court.

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  • Can my house mates and I withhold rent due to problems with the foundation of the house we rent?

    During a really bad rainstorm here in Columbus, OH, we noticed a hole in the foundation. We told the landlord and he told us it is our problem. It is not stated in the lease that we are responsible for the repair of the foundation. We also have fo...

    John’s Answer

    Your landlord sounds like a real jerk. He's also wrong - those are his problems. Under the Ohio Landlord Tenant Act, a landlord must do what is necessary to keep the premises in a 'fit and habitable condition.' If there is a crack in the foundation that allows water to enter the home, leading to the build-up of mold, etc., the premises is not in a reasonably safe condition. You need to prepare to battle your landlord. Give him written (certified mail, NOT text message) notice of the conditions that need to be repaired. Wait 30 days. If not fixed w/in 30 days, hire a lawyer and/or escrow your rent at your local Municipal Court Clerk's Office.

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  • My landlord withheld my deposite wrongfully. How do I prove this without photos

    I rented a house for five months during the winter for my family to come and visit. My parents got sick and were unable to come. The house was stayed in for 8 nights total. Landlord returned deposite 54 days late. Saw I was a smoker and charged me...

    John’s Answer

    You need to sue your landlord in your local municipal court for wrongfully withholding your deposit.

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  • What are my legal rights and options if my landlord won't fix a broken hot water heater?

    Hello, I live in an apartment complex with monthly rent. For about a week my hot water heater has been going bad. When taking a shower for example, we have hot water for maybe 5 minutes but the rest of the shower is cold. We have contacted the...

    John’s Answer

    Under the Ohio Landlord Tenant Act, a landlord is required to supply reasonable amounts of hot water and is required to keep all appliances supplied to the tenant in good working order. From what you describe, it sounds like you do not enjoy reasonable amounts of hot water and that the hot water heater is not in good repair. Therefore, it is vital to your case that you put your landlord on notice of the defective hot water heater. From what you describe, you've done this. However, make sure you keep a record -- > use certified mail or email to notify your landlord. If the landlord continues to refuse to repair your hot water heater, contact your local municipal court CLERK's OFFICE (not the court) to receive instructions on how to escrow your rent.

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  • What recourse do I have? How can I protect my family?

    I was involved in a car accident in Ohio. My niece rented a car did not get the insurance and did not put me on the rental agreement. I didn't know this at the time. I was driving and was forced into another lane and rear ended and then hit the...

    John’s Answer

    Look for other sources of insurance. If you have primary auto insurance, check your policy language - you may be covered when driving a rental car. Look at the terms of your credit cards - many "travel" credit cards include insurance coverage if you pay for the rental with a credit card. Good luck.

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  • What is a reasonable settlement for receiving the wrong prescription which resulted in a hospital stay?

    I was hospitalized for eight days due to an overdose of medication because a prescription was filled incorrectly. The pharmacy is offering a settlement and I have no idea what is a reasonable amount. Could you help me?

    John’s Answer

    An injury attorney would be able to help you because that attorney would be able to understand what constitutes a fair settlement value, given your injuries, the cost of your medical treatment and hospital stay, and what you may be eligible to receive if your claim went to trial and you received an award from a jury.

    Do your homework on who is a reputable injury attorney/law firm in the Columbus area.

    While you may have to hire an injury attorney on a contingency fee basis, that attorney's services could pay for itself in that the settlement amount from the pharmacy would be greatly increased.

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  • Will an attorney still sue me for being at fault (uninsured) in an accident if i'm a full time student who doesnt own anything?

    I was in a wreck last May. I was at fault in the accident. My car was uninsured. I just received a letter from an attorney for the guy I hit in front of me. They want to collect a debt of about $21,000. The car damage was about that, there was a $...

    John’s Answer

    Your question perfectly illustrates the negative consequences that can and do happen when you drive without insurance. The other attorneys are correct, if you are unable to enter into a payment plan with the driver you struck, he or she is likely to sue you in civil court. The driver would get a judgment against you, which, under Ohio law, they could attach to your bank account, your paycheck, your personal property or, eventually, any real estate that you own. Because a judgment can be revived, even if dormant, the party suing you would have up to 15 years in which they could attempt to execute on the judgment. While you may not have much to your name now, your circumstances are likely to chance 5-10 years from now. This is why it would make sense for the driver who you struck to push forward with a lawsuit and ignore your present financial circumstances.
    Contact Legal Aid in your area and inquire about free or reduced fee legal representation. An attorney may be able to negotiate more-favorable payment plan terms.

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  • What are the steps necessary to settle a child's personal injury claim in Ohio?

    An agreement has been reached with the insurance company to settle for $12,500.00. The lawsuit has not yet been filed. Since a lawsuit has not been files, does the probate court need to approve this settlement? Or would I need to first file a laws...

    John’s Answer

    Need probate court approval for settlement of a minor's claim, regardless of whether lawsuit has been filed. Find attorney to handle probate court approval process, which can be complex.

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  • Can I sue a state park for negligence for not providing a safe and secure environment.

    I have a minor teenager daughter who was raped during the middle of the day in the guys car in the in the park parking lot. The parks mission statement says they strive to provide a safe park. We spent a week in the crisis center in a children's h...

    John’s Answer

    First and foremost, I hope your daughter has recovered or is on the road to recovery from what had to be an extremely traumatic ordeal.

    Holding a landowner (the state) accountable in a civil court of law for the criminal actions of a third party (the rapist) is possible, but, generally speaking, very difficult. These cases typically hinge on a variety of factors including: the type and seriousness of the criminal activity, the landowner's prior knowledge of criminal activity on or near the property, the type of property and the frequency of its use, and any attempts by the landowner to make the property safe. To be successful, the injured party must show that the landowner's actions (or lack thereof) made it substantially likely that an individual would be injured on the property by a third party's criminal behavior.

    You should consult with an injury attorney to further discuss the legal rights you may have.

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  • Can I sue Columbus Gold for bouncers hitting and breaking my phone when I was never aggressive?

    I was at Columbus gold last night and some girls took advantage of how much money I had on me and I was mad it was about 2900 so I told a bouncer about it I was never aggressive I was a bit loud but I never even threatened anyone or was remotely v...

    John’s Answer

    You may very well have a nice claim against both the owner of the establishment as well as the individual employees who may have assaulted you and/or damaged your personal property. Your claim could be strengthened due to the availability of the videotaped evidence.

    "Bouncers" and security have no special rights to physically assault individuals. They do have a right to physically defend themselves from attack or to detain you (in limited situations).

    Contact an injury attorney for additional information and guidance. You are welcome to contact me at 614-461-4455 with additional questions.

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