How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Richard - Bizlaw Your Own Question

Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Legal
Satisfied Customers: 8786
Experience:  30 years experience corporate, litigation, international
18695994
Type Your Legal Question Here...
Richard - Bizlaw is online now
A new question is answered every 9 seconds

i need some precident cases to argue against res judicata.

Customer Question

i need some precident cases to argue against res judicata. i have a summary judjment to reply to and the plainyiff is saying becauause i filed a small claims case and won parts of my claim that the defendent in that case refiled in civil court and i am now the defendent in this new claim that my counterclaim is bared by res judicata and i need an argument or referenced cases to answer to the motion and dont know where to look?
Submitted: 4 years ago.
Category: Legal
Expert:  Richard - Bizlaw replied 4 years ago.
You need to clarify the issues. You filed a small claims court case that charged claims 1, 2 and 3. If you won claims 1 and 2, what did the defendant refile in the civil court? Did he file a claim that he asserted in the small claims court?
Customer: replied 4 years ago.
the case refered to my claim on an 2001 ford pickup truck the small claims court had no jurisdiction to give title or truck to either party the defendent in this small clains case was instructed to file a replevin action in order to retrieve the vehicle he did not and had an attorney who did not file an appeal or claim or court action for more than 6 months in the mean time i disposed of the vehicle with an affidavidt of abandonment after it was disposed of the defendent filed a replevin action but i considered it being untimly he had an attorney to handle the small claims case but he did not file a counterclaim in a timely manner and the court dissmissed all his claims in small claims court except the issue of the truck but when he filed the civil suit in medina court and me being the defendent i filed a counter claim with issues that were not hered in small claims case
Expert:  Richard - Bizlaw replied 4 years ago.

The decision by the small claims court meant the issue as to the truck was unresolved. Whether they appealed or not did not make a difference because the claim for replevin was still unresolved and could be brought at any time within the statute of limitations. If the defendant had counterclaims that the small claims court had jurisdiction to hear and the court dismissed those claims with prejudice, then they are barred by res judicata. The claims had to be dismissed with prejudice. If they were not dismissed with prejudice, they are not barred because their was no final adjudication of them on the merits. Dismissal for statute of limitations would be considered final.

 

Your counterclaims would be permitted so long as they were not required to be filed in the small claims court as part of the case there. Generally, if the claims arose from the same transaction they should have been brought in the small claims court case. If they were not and should have been they will be barred by res judicata because all related claims between the party are to be tried in the same case. If the small claims did not have jurisdiction of the counterclaims because, for example, they exceeded the jurisdictional limit of the court, they are not barred.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 4 years ago.
what is the statue of limitaitions on this replevin and i need some presidence cases as of the law in my brief wich is the original question that i asked i need presidence reference to submit with my breef to show substantial argument of law saying that my cvounterclaim should not be dismissed by res judicata
Expert:  Richard - Bizlaw replied 4 years ago.

Here is a site for a case that discusses the things you need to prove to have res judicata.

 

http://www.lexisone.com/lx1/caselaw/freecaselaw?action=FCLRetrieveCaseDetail&am p;caseID=1&format=FULL&resultHandle=14861feb2cd876bbeced3c8614e982db&pageLimit=10&xmlgTotalCount=23&combinedSearchTerm=%22res+judicata%22+w%2F5+elements&juriName=Ohio&sourceFile=STATES;OHCTS

 

this case cites a number of relevant case.

The statute of limitations for replevin is 4 years. R.C. 2305.09(B).

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

 

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.