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Charles Gary Resnick

Charles Resnick’s Answers

7 total

  • How many days do I have to respond to an Eviction notice?

    I know it says I have 5 days to send a written response. I received it in the mail on Saturday. Do I count Sunday and then Monday was a holiday? Or do I consider Tuesday the 1st day? Also, that would mean the 5th day would land on a Saturday. So d...

    Charles’s Answer

    I am not barred in CA but in NJ you do not file a response, you just appear in court. The best way to answer your question is either consult a local Landlord-Tenant attorney or read your Summons which will tell you the answer. If you are still confused, call the court clerk whose number should be at the bottom of the Summons. You could also call the local bar association lawyer referral service for the name of an attorney that does this type of law. as for counting of days, generally the date of the event, i.e. date notice sent, does not count. My belief is that the days are calendar days, not business days but that should be verified as per above. If the deadline occurs on a weekend or holiday, you get to the next business day. Do not ignore this suit. Get help immediately.

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  • Do I need a real estate attorney?

    When I was gone neighbor moved 20 year old fence one foot onto my property. A note (we do not speak) said fence now on true property line. Never surveyed. Do I need attorney to force removal of fence? If I do, is it worth the expense?

    Charles’s Answer

    first you need to consult the survey when you bought the home to see the status of the fence at that time. It would also be helpful to see the neighbot's survey as to why he thinks the fence needed to be moved. It is better to speak than sue in this case. Once you determine if you agree with neighbor or not, find out cost to solve problem, i.e. move fence back to where you feel it ought to be/original location. I would also consult the township to show where they say the property lines are. Then consult a real estate attorney to explore your options based on full facts. If this is a significant issue, you might need an appraiser to place a value on the diminution of value of your house based on the fence's new location. the consultation should not cost that much. it would be worth it for peace of mind. If litigation might be needed, you will have to make the value judgment as to whether it is worth it to you but bear in mind the impact when you go to sell the property. Good luck.

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  • Seller did not disclose that property was connected to a shared cesspool. It was listed as being on sewer system.

    I bought my house 3 years ago and I now have a major sewerage backup issue in the basement. I had multiple plumbers out to snake the main drain and failed to find any obstructions. I then spoke with the city sewer dept and was told that 15-20 year...

    Charles’s Answer

    My take is a bit different than my colleagues. It appears this aberration was a matter of public record which you could have learned prior to your buying the house in which event you might have walked away. thus, a portion of the blame is on you for not protecting yourself. that said, your realtor, if you had one, maybe should have looked into this for you and thus might be partially responsible for your plight. Further, if you had a home inspection, your inspector may have missed it and be partially responsible as well. On the seller's side, if they knew of this problem and failed to disclose or lied, they might be liable. Same for the listing realtor. I do not see this as a title issue as ownership of the land is really not in question and things of this nature are commonly excepted in a standard title policy. Your situation if fact sensitive and involved. consult an attorney competent in post closing problems such as this immediately.

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  • Would I benefit from having a lawyer represent me on this case?

    I am the caregiver for my husband who is a VA disable vet, I do all of the driving since he can't drive. I had to pick up my daughter and her friend at the last minute from Kinder, other mom was unable to pick them up at the last minute. We live i...

    Charles’s Answer

    • Selected as best answer

    when you use the DV placard, you are responsible for knowing the rules and using it properly. It does not appear you did this. Since no one appears to have been harmed, I recommend hiring an attorney who does municipal court work in your area to see if that can be downgraded to a lower level offense, or possibly even dismissed. Your attorney will negotiate for you with the officer and the prosecutor. In the future, you need to follow the law. the fact that you have received prior tickets for violating it will work against you. good luck.

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  • Do I need home owner's insurance to a residential closing?

    Do i need this prior to closing? It is the sale of a home I am buying. Must I bring proof? Can I just get insurance later if I need?

    Charles’s Answer

    I agree with the other attorneys that a lender will require HO insurance, especially to cover them. Even absent a lender compelling this, you should have it for your own protection. You should discuss with your insurance agent exactly what type and amounts of coverage you need to buy. You might also need flood insurance. This is generally done prior to closing. A binder will not be acceptable to a lender. That proof must be supplied prior to closing. If your wife is going to be on the title, she is going to have to sign the mortgage and note and other closing documents. Normally, she must attend. In rare instances would a Power of Attorney be acceptable. Best to have her with you, including prior to closing at the inspection. Good luck.

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  • Chances of joint physical custody/ visitation. Should i file for sole or physical custody

    My ex and I have a 1 yr old son and he is filing for joint physical custody an visitation . He has pending charges for drugs and guns . He works under the table and part time at auto zone , and still doesn't help pay for anything . He has live...

    Charles’s Answer

    I agree with the other attorneys that you need to see a lawyer to guide you here. That said, joint PHYSICAL custody is a very difficult status to achieve and maintain. It requires substantial cooperation between the parties, either of whom would be qualified to be the sole parent, close proximity to each other, etc. In my view, given limited facts, your son is way too young for this. A one year old is not going to understand this sharing. He will see this as confusing and repeated abandonment, not to mention if the routines at each parent's home are different. Were I your lawyer, I would never agree to this. I would probably not even favor joint LEGAL custody which shares major decisions not merely physical custody. Given the bad behaviour of our ex, I would consider supervised visitation. No matter what you do, you MUST answer his motion. I recommend a cross Motion. Seek competent counsel immediately.

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  • Can my neighbor sign a complaint against me because my son has to leave for work at 3:45 and his car lights wake him up?

    We received a letter in the mailbox, hand delivered, that we continuously wake them at 3:45 with bright lights and a loud truck.. My son gets up faithfully to go to work, starts his truck and leaves. The truck is not modified and the lights are re...

    Charles’s Answer

    The answer to your question "can" your neighbor sign a Complaint is yes. In America, we have an open judicial system. anyone can sign a complaint against anyone at any time. the real question is, can they win in court? the answer is NO. if your son were doing something deliberately to disturb the peace or if he were harassing your neighbor as defined in the statute, he might be guilty. If you continue to receive these types of complaints, you might have a complaint against your neighbor for harassment. that is a fact sensitive analysis. I suggest you contact an attorney in your area who does municipal court work for a consultation. Good luck.

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