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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16443
Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Ohio: My daughter met a guy on line and dated him for months.

Customer Question

Ohio: My daughter met a guy on line and dated him for months. She loaned him $800 since he lost his job (she borrowed the $ from me, her father). He now has a new job and has resisted paying her back albeit we sent him a non threatening letter just asking him to give us a payment schedule but giving him a deadline. We have developed an affidavit based on text messages showing he knew he had to repay the loan. Question: do you recommend we proceed with a small claims approach? Where do we apply to SCC, her county or his? Can we add thet cost of a small claims lawyer delivery and consulting service on top o fthe $800? Thanks for your help?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem. Good morning. I certainly understand your situation and concern. Based upon the amount which you seek to recover, this could be filed in small claims court. Your claim must be filed in the small claims division of a municipal court or county court that has jurisdiction in your case. To determine which court has jurisdiction, you use one of two criteria: 1. A small claims court has jurisdiction if the transaction or incident on which your claim is based took place in that court’s territory. 2. Regardless of where the transaction or incident took place, a small claims court also has jurisdiction if the defendant (the person or organization being sued)—or any one defendant, if there is more than one—lives or has his or her or its principal place of business in the court’s territory. As far as your ability to recover the cost for using a consulting service, you can ask the Judge to award you those fees but it is unlikely that they would do so. Small claims court is set up to be simple and to avoid the need to incur the cost of an attorney. You can certainly recover the filing fees and anything directly related to the case but it would be at the discretion of the Judge to award you anything else, so if you use a service, do so knowing that you may have to pay for it out of pocket and not be able to recover for that. Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 1 year ago.

Do you think an affidavit made from and still on my daughter's cp will have merit in court? I realize that the guy may claim that the $800 was a gift not a loan. So I think this point is critical with us proceeding. Do you provide the notification service to the defendant?

Expert:  LegalKnowledge replied 1 year ago.
Any evidence which you daughter has and can present to the court, to show that this was a loan and not a gift, will be considered. The Judge will want to hear testimony from both parties and review any written or recorded evidence, to try and determine the terms and conditions of the loan. The text messages will certainly be considered and should be introduced by your daughter. Once she files the cause of action, she can pay to have the sheriff or a process server, serve him. The clerk of court has all the forms for her to use and a step by step guide on the process. If she goes this morning, she can obtain the necessary paperwork.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16443
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
LegalKnowledge and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
My daughter lives in Montgomery County and the person she loaned money to lives in Butler County. Can we file in the Montgomery Court? does the sheriff automatically delver the summons to the defendant? In court, does the judge ask question after we present the claim. Do we call witnesses?
Expert:  LegalKnowledge replied 1 year ago.
To determine which court has jurisdiction and where you can file, you use one of two criteria:
1. A small claims court has jurisdiction if the transaction or incident on which your claim is based took place in that court’s territory.
2. Regardless of where the transaction or incident took place, a small
claims court also has jurisdiction if the defendant (the person or
organization being sued)—or any one defendant, if there is more
than one—lives or has his or her or its principal place of business in
the court’s territory.

In Ohio, the principal method of service is by certified mail. If the certified mail is returned unclaimed or refused, then you may request service by ordinary mail. In the event that there has been a failure to deliver notice to the defendant, the Small Claims Clerk will notify you by mail to obtain a current address of the defendant. At the trial, you will have an opportunity to present your arguments and your evidence to the Court. You will also have an opportunity to ask questions of the Defendant and any witnesses in order to bring out points in your favor. The defendant will also have an opportunity to present his evidence and ask questions of you and your witnesses

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