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Brian Hester’s Answers

59 total

  • What is a law against put a stop payment on a personal check in state of Ohio?

    I have loaned 2,000.00 cash to my ex boy friend and he wrote me a check for it. And when I tried to deposit it at my bank the check bounced. The reason is he put a stop payment on the check. I call my bank to see what to do and they told me to co...

    Brian’s Answer

    Why would you loan someone $2,000.00 if they could write a check for that amount? Was it post-dated?

    You've got a civil option and a criminal option. You could just sue your ex in small claims court for the $2,000.00

    Or, you could contact the local law enforcement agency (police or sheriff, depending on where you were when you made the loan) and report it as a theft by deception. R.C. 2913.02. Because the amount involved is more than $500, but less than $5,000.00, it would be a fifth-degree felony theft offense.

    It could also constitute as fifth-degre felony passing bad checks. R.C. 2913.11. But they won't charge him with both.

    I'd call your ex and tell him to pay up or else you'll have to report him.

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  • In Ohio is a claim for attorney fees pursuant to an oral agreement time-barred

    There seems to be a statute of limitations for everything else. What is the statute of limitations for an oral contract with an attorney for a one time service?

    Brian’s Answer

    Generally speaking, the statute of limitations for an oral contract is six years from when the action accrued. See, R.C. 2305.07.

    You may want to consult an attorney about this, however, because your former attorney likely is asserting other causes of action. Also, attorneys are expected to put fee agreements in writing for the protection of the client (and the attorney.)

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  • How can I get my car title from my ex-girlfriend?

    I paid cash for a car but had it titled in my (now) ex-girlfriends name. I have all paperwork from the purchase. We have split-up. I have the care, she has the title. She refuses to sign the title over to me. What can I do?

    Brian’s Answer

    Why in the world did you pay for the car but have the title in her name? I hate to tell you this, but you bought your ex-girlfriend a car unless you have something in writing indicating that the car was supposed to be yours.

    In Ohio, ownership is conveyed by title. When you had the title prepared to be just your girlfriend's name at the time, it legally became exclusively hers (next time, at least have your name on the title, too.)

    You could attempt to sue her for unjust enrichment by getting a car she didn't pay for, but she could claim it was a gift. After all, why else would you pay for a car and put it in her name?

    You may want a second opinion, but in my opinion, it's gone.

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  • Working in Ohio for a non-profit. Required to carry an on-call cell phone every 3 weeks without compensation. Is this legal?

    3 Employees (2 Non-Exempt, 1 Exempt) are required to carry an on-call cell phone on a rotating basis, ie; every 3rd week) During that time we must be within 30 minutes of our work site in case our presence is needed. We only get compensated ...

    Brian’s Answer

    What do you mean by non-exempt and exempt employees?

    Regardless, absent a written contract for employment (or labor agreement if you are in a union, which you likely aren't since this is a non-profit) saying otherwise, yes, an employer can do this legally in Ohio.

    The policy is a requirement for your continued employment there. I don't know what your non-profit does that requires someone to be on-call, but it's unreasonable to expect an employer to pay you simply because you're "on-call" until you're called in.

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  • Can you be forced to work on sunday in ohio ?

    auto industry

    Brian’s Answer

    The answer is yes. Under Title VII of the Civil Rights Act of 1964, an employer cannot force an employee to work on a day if the employee has a sincere religious objection to working on the Sabbath and the employer could make a reasonable accommodation so long as it doesn't impose an undue hardship on the employer. However, the federal act doesn't apply to employers with less than 15 employees.

    Sorry, but nobody can really give you a bright line rule answer to your question.

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  • I live in ohio and got a forth degree grand theft charge.its my frist time being in trouble. what is a possible sentence.

    i already did 30 days then they let me out on pre trial. and im on that untin sentenceing..does being on house arrest until sentenceing help me.

    Brian’s Answer

    If you have no prior criminal convictions, Ohio law statutorily presumes you will be placed on probation from one to five years. However, the potential prison sentence is anywhere between six to eighteen months. The Court may suspend the imposition of prison and place you on probation, but could impose a prison sentence later if you violate your probation.

    You should either retain a lawyer or, if you qualify, ask the Court to appoint counsel for you.

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  • I was told that I have one year (in ohio) to file a dental malpractice case. I have a lawyer to represent me, but can I file?

    I do have all my dental records including the models, etc. I found a lawyer who wants to see them. I was told by this lawyer that we have one year from the date of my pain, to file a dental malpractice case. I will be seeing the lawyer soon. If he...

    Brian’s Answer

    Unless you are trying to represent an incorporated entity (a corporation or limited liability company, for example), you have a right to represent yourself in a litigation.

    But you also had the right to do your own dental work. And I would expect the experience would be the same. Your dentist is going to be represented by a lawyer provided from his malpractice insurance company. So if you represent yourself, it'll be you versus an insurance company and its lawyers. Not good odds.

    There are certain actions in which a party can represent themselves without substantial risk... a small claims action is such a case. Medical malpractice cases are not such a situation.

    Ohio has VERY specific requirements in order for a party to file a medical malpractice case, in particular, under the guise of "tort reform." Therefore, it's very easy for you to case you to lose your case under circumstances that would not allow you to refile.

    As such, I'm hard pressed to think of a situation I recommend against pro se representation (self representation) more than in a medical malpractice case.

    If you are not comfortable or satisfied with your lawyer, by all means, keep looking. But I'd highly recommend against thinking about representing yourself. Medical malpractice cases require more than you just simply filing a complaint within a year. You NEED a lawyer.

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  • Is there a certain amount of money that must be owed in Ohio before a condo association can force foreclosure?

    Even if the debt was place with a debt collection agency? I believe I was informed by the recorder's office that the debt had to be at least $15,000. Is this not the case?

    Brian’s Answer

    I didn't research this issue, so I may be wrong, but I'm unaware of any legal requirement that a condo association must wait until it's owed at least $15,000 before it can file an action in foreclosure.

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  • , Let me start with the dilemma. I am a traveling Life insurance agent. Its is my job to drive around Ohio.

    , Let me start with the dilemma. I am a traveling Life insurance agent. Its is my job to drive around Ohio, kentucky, Indiana, and west virginia to union members homes to sell them their policies. I was driving through Cleveland after I just confi...

    Brian’s Answer

    Generally speaking, you may want to retain a lawyer to fight the speeding ticket to avoid the twelve point suspension. In the meantime, before you get your twelfth point conviction, you can enroll in a remedial driving course approved by the Director of the Ohio Department of Public Safety, if you complete it before the 12th point is assessed, then you can apply to have two of your points on your licenses credited. See, R.C. 4510.037(C)(1). Also, an attorney may be able to convince the State to allow you to plead to a non-moving violation, or to continue the case at least until you get the two-point credit.

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  • My friend worked at a Christian, non-profit daycare center for the past four years. She recently got fired because they said she

    My friend worked at a Christian, non-profit daycare center for the past four years. She recently got fired because they said she wasn't "Christian enough" or "acting like a Christian", when clearly she is. Is this legal?

    Brian’s Answer

    Generally speaking, employment in Ohio is "at will" which means that either party may terminate the relationship at any time. The only limitations on that doctrine is that an employer cannot terminate an employment based on certain discrimination categories, race, religion, gender, pregnancy, age, etc.

    However, faith-based organizations are often exempted from such prohibitions to the extent that they present a conflict with their religious teachings.

    Even when an employer's stated reason for termination is untrue, that does not entitle the employee to sue for their job back. That is not what we mean in the law by wrongful termination. We mean that there's either a violation of state or federal discrimination statutes or some other public policy.

    I'll leave it to the theologians to determine whether one could ever prove themselves "Christian enough." However, the answer to your question is that while what occurred may not be fair, moral, just, or ethical, it is legal.

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