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Law Department
Neal Jamison, Law Director
216-433-1300
njamison@cityofbrookpark.com
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Law Director Neal M. Jamison heads the Brook Park Law
Department. His staff includes Administrative Assistant Kate Schmidt,
Assistant Law Director and Berea Prosecutor, Bruce Courey, and Assistant Law
Director and Brook Park Mayor’s Court Prosecutor Dale Short. Pursuant to the
Charter of the City of Brook Park, “the Director of Law shall serve the
Mayor, the Council, the administrative officers and departments, and the
commissions and boards of the City as legal counsel, and shall represent the
City in all proceedings in court or before any administrative body. He shall
act as the prosecuting attorney for the City. He shall perform all other
duties now or hereafter imposed upon city solicitors by the general laws of
Ohio, unless otherwise provided by ordinance or resolution of the Council,
and he shall perform such other duties as may be required by this Charter
and/or as the Council or the Mayor may impose upon him- consistent with his
office.”
One of the main functions of the Law Department is to prepare and/or oversee
all legislation presented to the City Council from every City Department. In
addition, the Law Director provides daily advice and legal opinions to the
Mayor, City Administration and City Council; represents the City in
litigation matters and prosecutions; assists insurance defense counsel with
litigation; reviews and approves all City contracts; and monitors new
developments in the law.
From the Newsletter
SMALL CLAIMS COURT
The Law Department often receives inquiries about property or financial
disputes a resident
might have with another individual or company. We always advise our
residents that you should consult with your own attorney if you have any
questions or concerns about your rights or remedies in those types of
situations. One potential way to resolve smaller financial disputes is
to submit them to Small Claims Court. Small Claims Court is a division
of each
municipal and county court in the State of Ohio. It provides a quick,
informal and inexpensive
way of resolving many types of disputes a person may have with
particular individuals or companies. These proceedings are usually
conducted by a magistrate, instead of a judge. You are permitted, but
are not required, to be represented by an attorney. If you own or are
involved with a corporation that chooses to appear in Small Claims
Court, then that corporation may not be represented by an officer of the
corporation or a salaried employee. Only attorneys can provide legal
representation to corporations. Generally, you must file your complaint
in the Small Claims Court where the person or company you wish to sue
resides or where the transaction in issue took place. If the person or
company you wish to sue is located in the City of Brook Park, then the
Small Claims Court in the Berea Municipal Court would have jurisdiction
to hear that case.
The type of complaints that you can take to Small Claims Court include
most consumer disputes such as repair problems, breach of warranty,
defective products, undelivered goods, insurance claims and damage to
property caused by movers, cleaners and other individuals. Small Claims
Courts handle most civil actions where the claim is for money only.
There is a limitation however, to the types of cases that the Small
Claims Court can hear. Small Claims Court can only hear civil actions
for the recovery of money in the amount of
$3,000.00 or less. Certain disputes like those involving libel, slander
and actions seeking punitive damages are not within the jurisdiction of
the Small Claims Court. You can begin proceedings by visiting the Small
Claims Court that has jurisdiction and asking them for the complaint
form. After completing the complaint form you will have to pay a filing
fee. The filing fees vary from one court to the other. If you win your
case, the court may order the defendant
to reimburse you for these filing fees. After you complete the complaint
form and have paid the filing fee the case will then be set for trial.
On the day of trial you should be prepared to go forward and present the
evidence that you think that you need to prove your case. At the
trial you should be organized and tell your story in the order in which
the events occurred. It is
important that you stick to the facts of that case. You should bring
with you all the materials that you think will support your case, such
as receipts, bills, canceled checks, warranties and any other evidence
relevant to your dispute. Witnesses may testify for you at the trial and
at your request, the court will issue subpoenas to compel their
attendance.
For additional information, contact the Berea Municipal Court and ask
for the Small Claims
division. |