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John Robert Sauter

John Sauter’s Answers

151 total


  • Can I sue someone for chasing me in a fit of drunken road rage with a gun?

    A 20 year old kid chased myself, my fiance, and my 2-year old son in a car while pointing a gun at us the whole time. He even fired at us one time. I called 911, and he was arrested and found with a loaded weapon and an open container. He is curre...

    John’s Answer

    Sure, you can successfully sue him in a civil court of law for assault if you can show to the court that the individual's acts placed you in a reasonable apprehension of imminent harmful contact (even if no contact resulted - that would be called battery).

    Your potential problems include proof (did anyone else witness his actions?) and damages (how much money do you think will fairly compensate you for the stress you were put through?). Finally, if you did win an award, could you collect or is this 20-year like most 20-year olds - broke/unemployed/etc. ?

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  • Does a landlord still have to go through an eviction process when the lease has ended and the tenants don't want to leave.

    My husband and I signed a lease a year ago with a private landlord for a room in a house with other tenants who have rented rooms as well. During the year we fell on financial hard times (job loss, health issues) and became inconsistent and behind...

    John’s Answer

    Generally speaking, in Ohio a landlord must follow a specific legal process in order to evict a tenant. That process involves giving the tenant proper notice to vacate the property. If the tenant is still residing at the property following the notice, the landlord can file an eviction action the the local court system.

    Therefore, if you haven't received a 3-day notice of eviction and you haven't been served with notice of a court hearing, your landlord can't *legally* evict you...yet.

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  • Can my landlord ask me to move out on just a week notice while my lease is not up?

    my landlord asked me to move out with a three days notice while i have paid for the month and when i asked why i was told pest control was at my apartment twice and i was not ready so i have to move and when i asked for extra time they only gave m...

    John’s Answer

    Your question is a bit difficult to follow, but generally speaking in Ohio there is a process a landlord must follow in order to evict a tenant. The process starts with a 3-day notice. That notice, however, is not a demand for the tenant to leave within three days. It simply is a notice that if the tenant does not leave by the end of the three days, the landlord will file an eviction action in a local court of law. Following the filing of the action, a court date is set at which a judge will hear from the landlord and tenant and will either grant or deny the landlord's request for eviction.

    Despite any threats your landlord is making, you can't be legally evicted from the property unless a judge or magistrate rules in favor of the landlord at an eviction hearing. If you haven't yet had that hearing, you don't need to worry about being legally evicted until a date set by the Court.

    This is not legal advice. This answer deliberately ignores a landlord's 'self-help' remedies and any claims and defenses you might have against eviction, including payment of rent and the individuals terms of your lease, which are not known to me.

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  • A complaint has been filed in court and the defendant must respond within 28 days or a judgement by default will be entered.

    What type of motion must be filed by the defendant in response? The defendant defaulted on the repayment obligation upon discovering that the services were not properly rendered. There are 2 counts: MONEY LENT/MONEY PAID & UNJUST ENRICHMENT. A...

    John’s Answer

    An Answer.

    If you (or someone you know) are/is the Defendant, I'd advise you to speak with an attorney. A general civil or debtor/bankruptcy attorney may be able help you or the person you know reach a solution to the issues named in the complaint.

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  • My son was involved in a car accident in 2006. I sued on his behalf and he was awarded a settlement when he turned 18 in 2009.

    I was in a car accident 2 weeks ago. I was injured and my car was totaled. The other driver admitted that he was at fault. Can I recover medical costs and pain and suffering or will it look bad because of the previous lawsuit.

    John’s Answer

    • Selected as best answer

    The prior case will have no impact on your ability to recover damages in the current motor vehicle collision. All measures of damages, economic (medical bills, expenses, etc.) and non-economic (pain, suffering, etc.) are available to you.

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  • My 13 year old daughter had a really bad accident at school and I am trying to determine if a lawsuit is justified.

    My daughter is 13 and attends a private girls school. At the top of one of the publicly accessable stairways is a door to an attic that has no lock or keep out sign on the door. She went into the attic to explore and as she got farther in she step...

    John’s Answer

    As the owner of the premises, the school has the duty to exercise ordinary care to keep the property in reasonably safe condition. Whether or not they would be found liable (or partially liable) in a court of law depends on the foreseeability of the injury. Was it foreseeable that by not locking or placing a warning sign on the attic door that a student would enter and fall through the ceiling?

    Other considerations include whether or not your daughter was negligent herself in exploring an area which may very well have appeared to be 'off limits' or difficult to access. A finding that your daughter was negligent could reduce or eliminate any damage award.

    You'd be well served to consult with an experienced personal injury attorney in your area. Injury attorneys often will agree to meet with a prospective client to review their case for little to no cost. Best of luck to you.

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  • How can I get our renters to pay on time?

    We have a current renter with a land contract on a house. She never pays on time and usually have to end up calling her and nagging to get the payment. How easy would it be to get her out? We are tired of dealing with her and need the payment On t...

    John’s Answer

    As a landlord myself, I'd advise you first to strictly follow any procedures for payment of late/past-due rent written in your lease. If the person is consistently late and you feel that you could re-rent the property with little effort, you can begin eviction proceedings. Speak with a property law attorney in your area so that you can be sure you properly follow the eviction proceedings in order to make the process as quick and inexpensive for you.

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  • How long does a sentence for murder in ohio

    if the person confessed but was under the influence of drtugs

    John’s Answer

    In Ohio, 1st Degree Murder (commonly referred to as aggravated murder) is punishable by death, life in prison (w/no parole) or life in prison with the chance at parole after 20 years. 2nd Degree Murder is punishable by 15 years (minimum) to life in prison (w/ or w/out chance at parole, depending on the crime).

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  • Is there a time limit to report a WC fraud? This person has taken a cash settlement, and getting SSD. and also a pension.

    By getting his settlement, and pension from this company, and also SSD, he is not showing any signs of any disability nor during the waiting period of the claim. When out of state for vacations, no problems. Only during the court case. Is it possi...

    John’s Answer

    If you suspect fraud (and it sounds like you do) you should report the activity to the Bureau of Workers' Compensation Special Investigations department at the following link: http://www.ohiobwc.com/bwccommon/forms/Fraud/

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  • My husband was in a wreck, he hit a guy that was standing on the road because the guy just had a wreck, it was black ice out.

    The other guy wrecked his car and my husband slowed down and hit black ice and hit the guy standing out of his wrecked car. The guy was up walking around before the cops came but the guy did go to the hospital. The guy did get ticketed for no dri...

    John’s Answer

    As the other attorney stated, contact your automobile insurer. Most auto policies provide an attorney to represent you in these types of matters.

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