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    kahlmy_ishmael's Avatar
    kahlmy_ishmael Posts: 13, Reputation: 1
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    #1

    Jun 9, 2014, 03:38 PM
    Question on statute of limitations in Ohio Common Pleas Court Civil Case
    I negotiated a settlement and received $5,000 from my landlord to leave my property.

    Immediately prior to this situation, the landlord repeatedly undermined the jurisdiction of the court and was about to destroy my property if I did not leave the premises.

    There were other acts of intimidation which I will have absolutely no problem in establishing that I was acting under "duress" to accept the $5,000 for fear of the destruction of my property.

    I have no choice but to appear pro se due to financial constraints.

    1. How long do I have to act upon this before the "statute of limitations" kicks in?
    2. Do I file a motion for an evidentiary hearing to have the judge act upon my claim?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Jun 9, 2014, 04:31 PM
    You are aware YOU bear the burden of proof for all of this... and a negotiated settlement does give him the upper hand.

    If they retain a lawyer... you are highly likely to lose. They might even countersue you.

    Keep in mind not having a problem... making claims on the stand... that you can't absolutely prove doesn't exempt you if under the cross examination of a competent lawyer from perjury if they get you to condradict yourself on the stand and even from statements made during depositions.

    If money is so tight... how can you afford the costs losing could cause you? Thats something to think about.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jun 10, 2014, 01:29 PM
    I negotiated a settlement and received $5,000 from my landlord to leave my property.
    ...
    You mean the landlord paid you $5,000 to leave the landlord's property, correct?

    Looks to me that you got a lot more than you could have expected.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Jun 10, 2014, 05:36 PM
    I'm also confused. The landlord paid you to vacate his property? You agreed to this because you feared for your personal possessions? What are your damages, what are the grounds for your suit? When did this occur? What is the background here?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jun 10, 2014, 07:47 PM
    You have nothing to sue for. No damages. So even if you settled under duress You were free anytime to hire a moving company and just move So any threats were really without merit,

    You can sue of course, but you have not shown any loss, to sue for. The fact you agreed to settlement, weakens your case
    Worry over property, that could easily be moved, has little intense duress

    But first you have to show there was a loss, in this, we see no loss
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