Skip to main content
Carole Ann Lohr

Carole Lohr’s Answers

18 total


  • What recourse do I have against a default judgement issued against me & how long is this judgement valid?

    I was working to resolve a credit card debt and got called out of town for a good amount of time, then came home to find out they had given it to an attorney's office and taken me to local court and got a default judgement against me. I have tried...

    Carole’s Answer

    Contact an attorney to discuss filing a motion to vacate the judgment on your behalf under Ohio Civil Rule 60(b). You may have grounds to file such a motion particularly if you were not properly served or notified of the hearing. However generally a motion to vacate must be filed within 1 year of the date of default judgment. As you are finding the credit card company has several ways that it can seek to "execute" or collect on the judgment. If the judgment is not able to be vacated so that you can fight the credit card company on the merits of the lawsuit, then contacting an attorney would be wise so that you can get help in negotiating payment terms with the company. I would urge you to contact an attorney to assist you.

    See question 
  • Am I liable for payment?

    about a year and a half ago I hired a small company to do a siding job on my new home (supplies and materials). They botched the job with many errors as well as creating some damage to my house along the way. Before they could complete the job, ...

    Carole’s Answer

    Possibly. The mere fact that the name of the company has changed may not insulate you from paying for services rendered. That being said however, it appears that you may have several defenses to the lawsuit including the one that you have set forth, that the debt owed is not owed to this entity. Discovery during a lawsuit would help to determine the relationship of the two entities and whether or not the purchase by the parent company included both the assets and liabilites of the former company. In additon to the defenses that you may have to the lawsuit, you have indicated that you suffered damages as a result of the improper workmanship. If you have not done so already I would urge you to contact an attorney so that you do not inadvertently waive your rights to recover your own damages by failing to properly bring a countersuit. Contact an attorney to discuss all of these issues immediately.

    See question 
  • About a month ago my apartment was broken into. I want out of my lease because i don't feel safe. What can i do?

    I talked to my landlord and they said the only thing they will do is give me an upgrade. I told them i just wanted out so that i could move into some place safer. They have no security cameras and only have one security guard on hand once in a whi...

    Carole’s Answer

    Possibly. You should contact an attorney to review the lease agreement with you to determine your obligations as well as the obligations of your landlord. Once you and your attorney are able to determine your obligations you can better sort through whether you can terminate the lease agreement and if so the best way to do so. Contact an attorney to discuss all of the facts.

    See question 
  • My son's father has never seen him, he is two. He is not on his birth cert. when does he lose legal rights to see him

    My son's father has never seen his child and he is not on his birth cert. I am getting married soon and my fiance would like to adopt my son. His father was very abusive during my pregnancy and even his parents and family agree he shouldn't see ...

    Carole’s Answer

    Your question raises several issues. The father does not necessarily lose his parental rights for failing to see a child. However, if your fiance wishes to adopt the child he must contact an attorney. Furthermore you will need to have an attorney assist you to determine whether or not a you can begin proceedings to terminate parental rights. Contact an attorney to discuss all of these issues and your options.

    See question 
  • What is punishment for having an unloaded gun in car if 20 yrs old/ without permit?

    20 yr old son had gun in car after shooting in woods, not his gun borrowed a friend's. Pulled over and admitted to officer it was in car. He was taken to jail and released with a court date. Has NEVER been in trouble. What will happen to him?

    Carole’s Answer

    It is difficult to answer your question because more facts are needed and the penalties can vary depending on the charge. I would strongly recommend that you and your son find out specifically what the charges are and contact an attorney to represent your son prior to his court date. An attorney will be able to help you and your son better understand the charges, defenses, and potential penalities.

    See question 
  • How should I handle the people that I hit in an accident, unknown to me the vehicle was not insured at the time?

    I was driving and hit someone, (car is not in my name, neither was insurance I was just listed as a driver), I found out the day after that the insurance had been cancelled a couple of months ago. I talked to my grandmother about it (car owner) an...

    Carole’s Answer

    You need to contact and retain an attorney. If you were driving without insurance and were cited for the accident you will need an attorney to defend you in the criminal case. Additionally, you will want to retain an attorney to defend and protect you when the other driver and/or their insurer seek to file a lawsuit against you for their damages. Do not wait, call an attorney.

    See question 
  • What action can I take against collection agent that is suing me and the account is not on my credit report

    I recently recieved a summons or complaint from a collections agents for an account that is not on my credit report. I remember having the account a long time ago but I dont owe the amount that they are demanding. On the summons they even state ...

    Carole’s Answer

    You need to file an Answer to the Complaint or preferrably hire an attorney to represent you and file an Answer on your behalf. The amount stated in the Complaint may include interest and fees which have accumulated over time. It is also possilbe that the company suing you may not have been the original creditor. In Ohio you are protected to some extent because the creditor must comply with the Fair Debt Collections laws. You do have rights- so contact an attorney. If you do nothing, the Plaintiff- or Creditor- will ask the Court to grant a default judgment. The Court grants a judgment against you when you fail to respond to the Complaint for the amount the Plaintiff/Creditor states that you owe. Do not wait, call an attorney today.

    See question 
  • Limits of personal liability for Ohio single-member LLC?

    I have a single member Ohio LLC. My LLC has seperate contracts with clients, bank accounts, and credit cards. I have never paid personal bills using LLC funds directly - I have always either written a check or performed a Electronic Funds Transf...

    Carole’s Answer

    In determining whether or not personal liability exposure exists for work that you performed on behalf of the LLC a close look at the facts is necessary by an attorney. You should contact an attorney regarding the threats of litigation so that he or she can advise you as to whether or not a complaint could be filed against you personally. If it is possible to resolve the threats at this early stage it may be in your best interest to explore this option with an attorney as litigation can be lengthy and expensive.

    See question 
  • Summons on credit card debt.

    How do I answer a summons for a credit card debt that I don't dispute and in fact want to pay back. However, I simply can't pay right now. I'm afraid to even attempt to suggest a repayment play for fear I may not be able to honor it. I'm a sing...

    Carole’s Answer

    Do not ignore the summons and make sure you file a response or "Answer" to the Complaint today. You should contact an attorney if you do not know how to file a response. After the response has been filed then you can discuss with the opposing attorney a possible settlement including how to work out a payment plan. If you do not file a response a judgment with the amount of the debt due and owing, plus interest and court costs may be taken against you.

    See question 
  • Ohio landlord tenant laws

    can a landlord evict you if you are less than 30 days past due?

    Carole’s Answer

    It depends. If the reason for the eviction is solely late rent, generally he or she can begin eviction proceedings provided that he or she follows proper notice requirements and presents adaquate evidence to the judge to order the eviction. Additional requiremnents are placed on the landlord to begin eviction proceedings if the property is section 8. Furthermore you should read your rental agreement as well to see what was agreed to at the time you signed. If you need assistance you can contact legal aid, the local bar association for a referral, or even a local law school to find out if they have housing clinic program where they will advise you pro bono (for free) as to your options or help you to mediate or negotiate with your landlord.

    See question