Saker Law Offices

08/09/2021

Franklin County will not observe the eviction moratorium due to a ruling from the Sixth Circuit US Court of Appeals. If you are a defendant in an eviction case in Central and Southern Ohio and want to know your rights, contact me for an appointment.

Judge Ted Barrows said the moratorium wouldn’t be enforced based on last month’s 6th Circuit decision.

10/29/2020

Election Day is November 3. Thousands of Americans died to preserve your right to vote. Don't let their sacrifice be in vain. If you have not cast your ballot yet, there is still time.

03/28/2020

From the Columbus Dispatch, March 27, 2020:

“We are pleased that most people and businesses are doing their part to slow the spread of COVID-19 by following the Ohio Department of Health’s orders,” Dr. Mysheika Roberts, Columbus health commissioner, said in a statement. “However, we continue to receive complaints from residents that some businesses are not following these orders. We will be sending our teams out to investigate these complaints in order to protect the health and safety of our community.”

County health officials and law enforcement offered comparable warnings Friday, specifically to bars and restaurants, during the Franklin County commissioners’ daily administrative briefing.

County Health Commissioner Joe Mazzola said his office is taking numerous complaints about businesses breaking COVID-19-related operating restrictions.

“We will go out and visit (those) operators and, if need be, we will shut that facility down,” he said. “We have the authority to do that, and we won’t hesitate to do that.”

Franklin County Sheriff Dallas Baldwin said his deputies are monitoring businesses for violations.

“Our policy is really zero tolerance,” he said.

Do your part to flatten the curve. Follow the ODOH directives.

03/22/2020

Ohio Governor DiWine declared that legal services are "essential" businesses and operations. As Ohio has a non-unified court system, local judges still have discretion to decide how best to manage their operations in their own jurisdictions. My office stands ready to assist with matters arising out of the current emergency.

03/22/2020

As of 11:59 PM Monday March 23, 2020, Ohioans are ordered to stay at home (except for essential tasks) until April 6. Exceptions are permitted including leaving for health and safety, for necessary supplies and services, for outdoor activity. Also excepted are essential workers and businesses using Homeland Security guidelines.

"Each business that stays open must follow good protocol in regard to health." --Gov. DeWine

To read the full text of the order, click on the following link:

01/11/2020

Census scammers are already on the loose. Here's some advice from the Better Business Bureau:

Tips for upcoming US Census

COLUMBUS — The United States Census happens once every decade and April 1, 2020, is National Census Day. This year, census takers will be going door to door to retrieve information and BBB is expecting scammers will be out in full force in an attempt to take advantage of those responding to the census.

There are only three ways to reply to the census; phone, mail or online. The official website of the Census Bureau is census.gov; the homepage for the 2020 Census is 2020census.gov.

Unfortunately, many individuals know that census callers will be talking to them and will give out any information they ask for. To ensure that no consumer gets scammed by fake callers and gives out sensitive information, your BBB has some tips to keep yourself protected:

� NEVER GIVE OUT YOUR SOCIAL SECURITY NUMBER OR OTHER FINANCIAL INFORMATION. Census takers will never ask for your social security number, bank account number, credit card number, money or donations.

� Census takers will never contact you on behalf of a political party. If someone calls on behalf of a political party that claims to be from the census, hang up.

� Make sure you respond to the census through the official website they provide.

� If something sounds suspicious, confirm it by calling the government agency directly or checking the government agency’s website. Don’t click on any links in an unexpected email – type the official URL into your browser or do a web search to find the right website. Call a trusted phone number other than one provided by the caller to verify the caller’s identity.

� Don't click, download, or open anything that comes from an anonymous sender. This is likely an attempt to gain access to your personal information or install malware on your computer.

� Be cautious of generic emails. Scammers try to cast a wide net by including little or no specific information in their fake emails. Always be wary of unsolicited messages that don’t contain your name, last digits of your account number or other personalizing information.

� There will be census takers going door-to-door in some neighborhoods to help get all of the information they need. If a census taker comes to your door there are several things you can do to verify their identity:

> Ask to see their ID Badge. Census takers must present a field badge that includes a photograph of themselves, a Department of Commerce watermark and an expiration date.

> Census workers will be carrying a Census Bureau laptop or cellphone as well as a bag with a Census Bureau logo.

If you still have questions, call 800-923-8282 to speak with a local Census Bureau representative.

If someone comes to your door that you suspect isn’t part of the Census Bureau, call 800-923-8282 to speak with a local Census Bureau representative. If it is determined that the visitor who came to your door does not work for the Census Bureau, contact your local police department.

To report a scam, go to the Better Business Bureau Scam Tracker and check bbb.org for more information on how to avoid scams.

02/20/2016

Once again, scammers are using the justice system to extort money out of people. The Federal Trade Commission issued a warning that scammers call people, posing as court officials, and tell victims they have missed jury duty and have to pay a fine immediately or else they'll be arrested. DO NOT FALL FOR THIS SCAM.

10/30/2015

If you have filed a bankruptcy case, the United States courts have issued a scam warning.

Beware of phone scammers targeting bankruptcy filers in several states, using personal information from filings and posing as [the filers'] attorneys to get intended victims to immediately wire money to satisfy a debt.

The National Association of Consumer Bankruptcy Attorneys issued a warning: “Under no circumstances would a bankruptcy attorney or staff member telephone a client and ask for a wire transfer immediately to satisfy a debt. Nor would the bankruptcy attorney and staff ever threaten arrest if a debt isn’t paid.”

Bankruptcy filers in Vermont and Virginia reportedly have received calls. Vermont’s Attorney General says scammers use software to “spoof” the Caller ID system so the call appears to be originating from the phone line of the consumer’s bankruptcy attorney. Typically the calls come late in the evening or during non-business hours to make it difficult for intended victims to verify the call by contacting their attorney.

Consumers receiving this kind of call are advised to hang up and contact their bankruptcy attorney as soon as possible. Do not give any personal or financial account information to the caller.

08/24/2015

It's been a while since I posted to my page, but today I ran across an article about one person's experience with a debt collector. In these days of identity theft and other scams, I would offer a few suggestions on how to deal with debt collectors:

1) NEVER provide personal identifying information over the telephone. If a person claims to be a debt collector, demand that the caller identify themselves, the company the caller works for, and the identity of the creditor.
2) Demand written proof of the validity of the debt. Under the Fair Debt Collection Practices Act, the collection agency must furnish this information within thirty days of the request.
3) Conduct all business in writing. That's the best way to document the discussions. You can tell the bill collector not to call you, but most will ignore this.
4) Consult with an attorney to decide whether to negotiate a resolution of the claim, or to take broader debt relief action.

http://www.10tv.com/content/stories/2015/08/24/columbus-ohio-hidden-tactics-of-debt-collectors.html

10 Investigates is gathering information from the federal Consumer Financial Protection Bureau on how you can tell the difference between a debt collector and a scam.

03/14/2014

Yesterday, the Florida Supreme Court struck down a law imposing limits on noneconomic damages in wrongful death cases as a violation of the state constitution's guarantee of equal protection. Hopefully, other states will follow suit (pun intended) in other personal injury. There is no rational basis for insurance companies to put an advance price on a victim's life, or pain and suffering. http://www.abajournal.com/news/article/med-mal_damages_cap_violates_florida_constitution_state_supreme_court_says/

The Florida Supreme Court has ruled in a 5-2 opinion that the state’s cap on noneconomic damages in wrongful death cases violates the right to equal protection under the state constitution. In a plurality opinion (PDF), Justice R. Fred Lewis also said the damages cap did not bear a rational relation...

03/08/2014

On March 4, 2014, the U.S. Supreme Court handed down a decision in the case of Law v. Siegel. Writing for a unanimous court, Justice Scalia held that a bankruptcy trustee could not "surcharge" (deduct litigation expenses from) a debtor's homestead exemption even in a case where the misconduct of the debtor caused the bankruptcy estate to incur excess expenses to overcome the debtor's misrepresentations. The trustee and bankruptcy judge have other remedies available when the bankruptcy system is abused, but the Bankruptcy Code prohibits impairment of a debtor's homestead exemption.