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Bruce Martin Broyles

Bruce Martin Broyles

  • Foreclosure Defense, Appeals & Appellate, Business Law ...
  • Ohio
Claimed Lawyer ProfileQ&A

Admitted to practice in 1989; Staff attorney for 11th District Court of Appeals, Associate Attorney for three litigation firms from 1992 - 2004, opened my own practice in 2004. Handle a variety of issues in Appellate practice, civil litigation, business disputes, real estate, and actively involved in foreclosure defenses.

Ohio State University - Columbus
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Professional Associations
Ohio State Bar  # 0042562
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Jurisdictions Admitted to Practice
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6th Circuit
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  • Free Consultation
Practice Areas
    Foreclosure Defense
    Appeals & Appellate
    Civil Appeals, Federal Appeals
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
    Construction Law
    Construction Contracts, Construction Defects, Construction Liens, Construction Litigation
    Landlord Tenant
    Evictions, Housing Discrimination, Landlord Rights, Rent Control, Tenants' Rights
    Real Estate Law
    Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
Legal Answers
Q. If I have checks that have cleared my bank for rent and my apt filed an eviction notice, can I put my rent in escrow?
A: 1.
Q. I am a subcontractor and owner wrote a check that said final and if I cash such check I cannot file a lien. However
A: Ohio law over the years has gone back and forth on the effect of cashing a check marked "paid in full". In 1996, R.C. 1303.40 established that cashing a check marked paid in full will extinguish the debt. Even though you have a pending lawsuit, you should not cash the check.
Q. I received a summons of HOA fees that I paid to our new Management company. The old management company is suing me
A: You have a defense of payment (Accord and Satisfaction). The HOA will assert that you were late in payment and never paid until the law firm was engaged and you received the complaint. The ability to demonstrate the timing of your payment will be critical to your defense.

I believe that the HOA will file liens and lawsuits because the statutory scheme in Ohio allows the HOA to recover its attorney fees. (HOA would never be able to collect one or two months of fees without the fee shifting statute.). As a result, the attorney fees that will be incurred by the HOA during the small claims hearing will be more than the HOA fees that they claim you owe. Small claims will limit the time and expense so maybe the attorney fees will be less.

If you can demonstrate that you timely paid your HOA fees and you are willing to risk having a judgment rendered against you, then you can defend the small claims and your risk would not be that great.

If you can demonstrate that you timely paid your HOA fees, and you want to increase your risk and potentially your reward, then you could file a motion to move the case to the regular docket based upon having a valid defense of payment. On the regular docket you can participate in discovery, determine whether the law firm is a debt collector, and whether the law firm knew or should have known that the lawsuit was not legitimate. If you can demonstrate those items, then you could bring a fair debt collections practices act claim.

Most likely the best approach would be to call the law firm, show them that you paid and see if they will dismiss the complaint.
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2670 North Columbus Street
2670 North Columbus Street
Suite L
Lancaster, OH 43130
Telephone: (740) 277-7850