Legal Question in Business Law in Ohio

Sue non-profit organization

If the organization is in South Carolina and the business transaction took place in Cleveland, Ohio can I file in Cleveland if it happened 2 years ago.


Asked on 7/18/08, 8:46 am

2 Answers from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Sue non-profit organization

Dear Inquirer: Under one of the several, applicable Ohio Rules of Civil Procedure, you may file your case where the incident took place. However, you may wish to seek legal counsel since an important threshold consideration is or may be the applicable statute of limitations which preclude filing a claim after the lapse of a specific period of time.

By definition, statutes of limitations are specific landmark dates, or �deadlines�, by which an act or legal action must be initiated, or it will be forever barred at law. Other deadlines missed may merely impose fines or penalties for lateness. Ominous though it may sound, such cutoffs, including response dates, are essential to an orderly business society and economy, and necessary to provide finality and closure to certain events and claims. Such limitations must not be confused with specific, mandatory filing deadlines for income tax returns, and auto and driver�s license renewals, each of which may carry only monetary penalties for lateness.

Importantly, many limitations, stated in a number of days, include weekend days and holidays in such calculations, necessitating early action or filing, to comply with certain deadlines imposed.

Statutes of limitation, are not unlike the skilled operation of an aircraft - takeoffs are discretionary, but aircraft landings are mandatory!

Seek legal counsel ASAP.

Good luck.

Sincerely, J. Norman Stark

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Answered on 7/18/08, 9:02 am
Teri Rasmussen Lane, Alton & Horst, LLC

Re: Sue non-profit organization

Maybe. Where you can sue depends on what any documents connected to the deal might say, where the deal happened, and where the defendant and plaintiff are each located. The key is whether it would be unreasonable for someone to expect to be sued there. There must be some "minimum contacts" for there to be jurisdiction to file case in a particular place. If the deal happened in Cleveland, then probably you can sue there.

The time lapse really doesn't have anything to do with WHERE you sue. It only affects WHETHER you can sue and the answer to that depends on what sort of thing you are suing about.

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Answered on 7/18/08, 9:48 am


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