> Civil Litigation | Daniel F. Gigiano Co., L.P.A.
CALL TODAY
(330) 336-3330

Civil Litigation

Ohio Appeal Rights

If you do not like the ruling at trial, you may have Ohio appeal rights, which is the right to appeal the trial court’s decision.  

Ohio Appeal Rights To Appeal The Magistrate

    If the trial or hearing was heard by a magistrate, you have the right to appeal the magistrate. If the magistrate issued an order, you have the right to ask the judge to set the order aside.  This must be filed within ten days of the order.  Filing this motion does not automatically stop the order from taking effect.  If the magistrate issued a decision, you have the right to object to the decision.  The objection automatically stops enforcement of the decision.  Unfortunately, this includes the parts you may like along with the parts to which you have objections.  The objection must be filed within fourteen days of the filing of the magistrate’s decision. (more…)

Battle Between The Landlord And Tenant For The Security Deposit

There are several rules setting forth the rights and duties between a landlord and the tenants in Ohio when the tenants are using the premises as their home. This article will focus on the tenants’ right to a security deposit, as well as the landlord’s right to use the security deposit.  In other words, we will look at the batter between the landlord and tenant for the security deposit.  The landlord must return a tenant’s security deposit within thirty days of the day the tenant vacates the property as long as:  
  1. The rent has been paid in full;
  2. The premises have no damage beyond normal wear and tear; and
  3. The tenant gave the landlord a mailing address where the security deposit could be sent.
  Any security deposit withheld must be listed in a written itemization of damage or unpaid rent, which must be sent to the tenant along with the remainder of the security deposit. Damage does not include normal wear and tear.  Normal wear and tear includes routine property maintenance.   (more…)

Piercing The Corporate Veil In Ohio

Shareholders are usually not liable for the debts of the corporation. In a simple breach of contract case, creditors may only be able to pursue the corporation.  However, creditors of a corporation may sue the shareholders directly if the following are true:  (1) control over the corporation by those held to be liable was so complete that the corporation has no separate mind, will, or existence of its own; (2) control over the corporation by those to be held liable was exercised in such a manner to commit fraud or an illegal act against the person seeking to disregard the corporate entity; and (3) injury or unjust loss resulted to the creditors from such control and wrong.  This is otherwise known as piercing the corporate veil in Ohio.   (more…)

What Is Mediation?

What is mediation? Mediation is a process in which two or more parties negotiate a voluntary agreement with the help of a mediator. The mediator facilitates communication between the parties. Statements made during mediation are protected under Ohio’s Uniform Mediation Act (UMA) as set forth in Ohio Revised Code 2710.01-2710.10 (R.C. 2710.01-2710.10). This privilege gives one the ability to stop other people from revealing what was said at a mediation. Does this mean everything said in a mediation is protected by privilege? No. The following topics are not protected by privilege under the UMA: discussions disclosing abuse or neglect of children and abuse or neglect of the elderly; plans to commit crimes; threats of violence; whether a mediation occurred; and signed settlement agreements. Mediators are neutral third parties who assist the parties with issue identification and problem solving. The mediator will usually meet with each side separately, but some mediation sessions are held with all the parties present face-to-face. Mediation is a useful tool used in several areas of the law, including civil cases, child custody cases, divorces, foreclosures, and abuse, neglect and dependency cases. If the parties do not reach an agreement, the mediator may schedule a follow-up session or may report to the court that an agreement was not reached.   (more…)

Can I Go To Jail For Defaulting On A Payday Loan?

Some payday lenders threaten to call the police if the check bounces, prompting one to ask, “can I go to jail for defaulting on a payday loan?”   A payday loan is usually a small loan with a postdated check as collateral for the loan.  The due date is usually the date of the person’s next paycheck.  Payday loans carry a high interest rate, often more than 300%.  If one borrows $300 on March 1 and has to pay $330 back on March 15, it may not seem like much.  However, ten percent over two weeks is equivalent to 260% over a year.  If someone repeatedly took out this same loan for a full year, that person would pay 260% interest on $300, which amounts to paying the $300 back, plus $780 in interest.   (more…)

What Is A Municipal Court In Ohio?

Ohio has over 100 municipal courts, including some of our local courts:  Wadsworth Municipal Court, Medina Municipal Court, Wayne County Municipal Court, Barberton Municipal Court, Akron Municipal Court, and Stow Municipal Court.  So, what is a municipal court in Ohio?   (more…)

Debt Collector Harrassment

The Fair Debt Collection Practices Act (FDCPA) prevents debt collectors from harassing you and calling you outside normal business hours.  While the law gives you some rights, it does not give you the right to avoid your debt.  The FDCPA covers only personal and household debts, but not business debts.  Typical personal debts are vehicle loans and credit card debts.
(more…)

Landlord Duties And Tenant Duties

There are landlord duties and tenant duties that landlords and tenants need to follow.  The law provides remedies for failure to follow such duties.  There are duties under Ohio landlord-tenant laws and under the lease.
A lease creates rights and obligations for both landlord and tenant.  A lease cannot create rights and obligations prohibited by Ohio law.  For example, a landlord may not require a tenant to pay attorney fees unless specifically permitted under Ohio’s landlord-tenant laws.  The side that prepares the lease will have any confusing provisions decided against that side; because the landlord usually prepares the lease, this usually means such confusing lease provisions will be decided against the landlord and for the tenant. (more…)

Property Division For Unmarried Couples

Couples who are living together do not have the same rights to division of property as married couples.  Married couples have a right to an equitable division of their property.  Ohio Revised Code 3105.171 (R.C. 3105.171) gives married couples this right to an equal division of property, unless an equal division would be inequitable.  Using R.C. 3105.171, the court determines which property is separate property and which property is marital property.  Separate property that is commingled with marital property will remain separate property so long as it is traceable.  Non-married couples could have the right of married couples if they meet the requirements of common-law marriage under Ohio Revised Code 3105.12 (R.C. 3105.12), which provides for common-law marriage only if common-law marriage occurred in Ohio prior to October 10, 1991, or in another state that recognizes common-law marriage.  Outside of marriage, property division for unmarried couples tend to follow general rules of equity and fairness. (more…)

What Is Civil Litigation?

Civil LitigationWhen disputes over the work performed, the product or payment arise, an experienced attorney can protect your rights.  Aggressive representation often starts with negotiation, followed by filing a lawsuit to force the other side to do what they promised.  Equally important is knowing what to file, whether it is breach of contract, a violation of the consumer protection act, or foreclosing on a mechanic’s lien.  Joining the right parties is also important, especially if yet another person or entity is obligated to pay on your behalf, such as your insurance company.