Small claims jurisdiction question

[Boilermaker1969]

Jurisdiction

Ohio

Hello, I'm looking for help on where to file a small claims case. Here's the relevant info:
- My daughter lives in county 1 (Montgomery) and drives a car in my name that I own.
- The car was stolen from county 1 and used in a crime in county 2 (Hamilton).
- Police from county 2 chased the thief for 40 miles and ended in county 3 (Greene) where the car was totaled.
- Suspect arrested and under home arrest in county 4 (Miami).

The suspect had no license or insurance. The car was totaled by him in the chase. The value of the car was approx. $4,000 and only had state required liability insurance. I plan to take him to small claims and would like help on which county I should file in? Any info greatly appreciated. Thank you!

 

[army judge]

I plan to take him to small claims and would like help on which county I should file in? Any info greatly appreciated. Thank you!

You can sue the soon to be convicted and incarcerated felon, but it'll accomplish nothing.

Why?

Let's theorize you prevail and acquire a judgment against the scoundrel, who'll be wasting away, unemployed somewhere among the numerous Ohio state prisons.

The convicted deadbeat, flat broke, unemployed bum will be unable to pay the judgment.

Without freedom, gainful employment, the busted bum will not be able to pay. He'll be judgment proof.

You'll be stung because you made a poor insurance decision to NOT fully insure your vehicle to avoid the insurmountable dilemma you're currently facing.

The issue here is you chose to gamble, hoping that what happened would never occur.

Alas, lightening struck multiple times, your vehicle was demolished. In the future, make sure all of your valuable assets are properly insured, so that if a bum or lightening strikes, you'll be made financially whole.

 

[Zigner]

Speak to the prosecutor about restitution being included in whatever sentence is handed down.

 

[army judge]

Apply for Victims Compensation

If you or your family members are innocent victims of a violent crime, financial assistance may be available.

The State of Ohio may for a wide range of expenses such as medical care, counseling bills, work loss, and funeral expenses.

We generally can't pay for damaged, stolen property expenses.

Filing a new claim

If you haven't filed a claim, and each of the following statements is TRUE, then you may be eligible for help from this state administered program:

The crime was reported to law enforcement.

The victim cooperated with requests of law enforcement.

The victim was not committing a criminal act that caused or contributed to the injuries, except in homicide claims.

The victim has incurred expenses that are not fully covered by collateral sources (such as workers' comp, life insurance, medical insurance, etc.).

I am either the victim, the dependent of a homicide victim, or responsible for some of the victim's expenses and/or financial losses.

Crime Victims Compensation Guidelines - Ohio Attorney General Dave Yost
...... =====......

Register here, get your claim started.
MatrixAdvocate

 

[Zigner]

That program doesn't seem to apply to crimes that only involve property.

 

[Tax Counsel]

I plan to take him to small claims and would like help on which county I should file in? Any info greatly appreciated. Thank you!

The question you are asking is about venue, which is the legal term referring to a particular court within the same court system. In this case, you could file the claim either in the county where the defendant lives or in the county where the action that gives rise to the claim occurred, and that is the theft of the car in County 1. See Ohio Civil Rule 3 for the details of Ohio's venue rules.

 

[Boilermaker1969]

Good info all around, thank you everybody. As to why I'm suing if he has no job--the SOB is being forced to work as a condition of his parole, so I plan to file for garnishment as well as in Ohio he can't renew a drivers license without paying. He's also a cocky SOB who said he wouldn't pay because he doesn't believe he has too, so from my perspective, I'm not going to let that fly.

Army judge--I'm retired military and don't believe it's gambling with comprehensive. It was a calculated cost and I'm filing this more on principle than money. I was with USAA for over 35 years, retired Col with perfect driving record and they wanted to charge almost $700/yr for comprehensive. I've had the car since 2008 so I came out on the right side. I've since left USAA and cut my insurance bill in half on my 5 cars. Somewhere along the way USAA became really expensive for auto insurance. Anyhow, sorry to go off on a tangent, but thanks for the info on venue filing.

 

[army judge]

I've since left USAA and cut my insurance bill in half on my 5 cars. Somewhere along the way USAA became really expensive for auto insurance. Anyhow, sorry to go off on a tangent, but thanks for the info on venue filing.

I concur, USAA is slowly (as are most good things all across this nation) morphing into something greedy, sloppy, lazy, and less than what it once was.

We're in the process of investigating other options between now and late May, before our next renewal. The homeowners/rental arm of USAA has maintained their pricing. That is unlike the automobile wing of the insurer.

You didn't go off on a tangent, you simply expressed your beliefs and concerns. I'm a 35 year retiree, lucky enough to have gotten promoted as a one star.

As we were fond of saying during my Nam years, "still living the dream".

 

[Foamback]

So sorry you're not a real boilermaker, hanging waterwalls and welding tubes