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Paul Dezso de Holczer

Paul de Holczer’s Answers

87 total


  • Can a waiver be revoked?

    Nine brothers and sisters inherited lands from their parents who passed away. All nine brothers and sisters have also now passed away leaving the properties to all of their children. I am one of the children and I pay the taxes and maintain the pr...

    Paul’s Answer

    I like Lawrence Laddaga's answer to this question. If you and your family are having difficulty hiring an attorney, you might want to contact The Center for Heirs’ Property Preservation. This Center was established to help people in your family's situation.

    Best Wishes to you in grappling with this difficult propblem!

    Phone: 843-745-7055
    Toll Free: 1-866-657-2676
    Office/Postal:
    The Center for Heirs’ Property Preservation
    1535 Sam Rittenberg Boulevard--Suite D
    Charleston, SC 29407
    http://www.heirsproperty.org/

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  • Is the HOA responsible for damage caused to my property from their contractors?

    The HOA recently completed a roof replacement for all the town homes in my community following a hail storm. The AC unit for my town home stopped working and it turns out that a roofing nail punctured one of the lines causing all the refrigerant ...

    Paul’s Answer

    Possibly. You may want to look to your deed and HOA Agreement and Rules. It is quite likely that the contractor was licensed and bonded and will take care of the problem. The contractor and its insurance should be able to cover your repairs and will likely do so without litigation.

    Litigating against the HOA is your last resort because you may end up financing both your case (plaintiff's case) as well as the HOA's case (defendant's case) because of the terms of the HOA.

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  • How can I locate details of this specific federal law I read about re: the illegal removal of a shared boundary fence?

    My husband and I never realized what a nightmare a fence could actually be when associated with a person with a talent for complication and an HOA that is apparently afraid to stand up to her bullying tactics, so.we would certainly appreciate any...

    Paul’s Answer

    Most of the time, a dispute about the removal of a boundary fence will be a state court matter and not a federal law matter. Whether or not a case is a state or federal matter will depend on specific facts.

    Your particular matter is apparently also affected by the existence of HOA rules and regulations. These rules are usually incorporated in the deeds for the properties in a particular subdivision subject to an HOA.

    You will likely require the assistance of an attorney in resolving this to avoid unpleasantness, liability, loss of property value, and even threats of violence. Property disputes have a sad history involving violence, unfortunately.

    Best Wishes on getting this matter resolved and regaining your peace of mind.

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  • Can I be sued for damage done to a car due to right away through our property using a road we take care of?

    there is a dirt road that runs to our house and on through our property. we spend our own money and time to keep it in fair shape. some of the users that live on the other side of your property use the road to access their houses. Due to a high ra...

    Paul’s Answer

    Anyone can be sued for anything.
    That does not mean that the plaintiff can win.
    You should gather up all the information you have -- deeds, photos of road, photos of posted speed limit (signs) -- in case you are sued.
    If you are sued, do not wait until the last minute to take this material and meet with an attorney.
    You may want to speak with an attorney now for peace of mind and in case you are sued later.
    Much will depend on the legal status of the road, what you have done to it, whether or not the road was posted, and perhaps other facts.
    Best Wishes!

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  • Do I have a case to go after the contractor who built my house for false advertising and breach of contract?

    The company advertises everything included, after we signed our contract and were doing our walk through they then point out that we had to seal our own counter tops, seal our own grout, and culk around our own tubs. How is that everything includ...

    Paul’s Answer

    You may have grounds to sue but a correct answer will require an attorney to review your contract and any warranty you might have (which warranty is often integrated into your contract). You will want to review your contract and warranty to see if it requires you to arbitrate and if it provides a warranty claim procedure for you to follow. If you have trouble understanding your rights after you review your contract and warranty, you will probably want to contact an attorney in your area (Charleston-Berkeley-Dorchester Counties). If you have trouble finding an attorney, you can contact the Lawyers Referral Service of the South Carolina Bar.

    What is the Lawyer Referral Service?
    The Lawyer Referral Service (LRS) is a public service of the South Carolina Bar that provides referrals to individuals needing qualified, prescreened lawyers. You may call for a referral from 9 a.m. to 5 p.m. Monday through Friday. The number to call, both in state and out, is 1-800-868-2284. (In Richland and Lexington counties, call 799-7100.) An online referral service is also available 24/7 and may be accessed here: http://www.scbar.org/Public-Information/Find-a-Lawyer
    Best Wishes!

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  • The City of Aiken wants an easement on my property in order to run my neighbor's sewer line through my property.

    The City of Aiken wants an easement on my property in order to run my neighbor's sewer line through my property (under my concrete driveway) to avoid the expense of running sewer lines under both of our concrete driveways. I am concerned that they...

    Paul’s Answer

    The problem is unclear to me. Usually, a sewer line will serve several residences and, if it crosses a property, the owner can pay a tap fee to hook on. If the line is a main line, sometimes no one can tap in. So it is not clear what kind of line this is and why you are having this problem. I would suggest that you gather the information from the sewer provider, together with your deed and play, and see an attorney. Pictures might also be helpful. Best wishes.

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  • Do I need a Civil Attorney or Discrimination Attorney?

    I pulled into Department Store, parked in a handicap park, I noticed the greeter watching me. When I got to the door the greeter ask me "why I parked their". I told the greeter that I am disabled, he proceeded on by stating "disabled people don't ...

    Paul’s Answer

    You do not need an attorney at all. If you were only asked about the situation and the greeter or the company took no action against you, you probably do not have any case.

    These greeters and companies need to be more sensitive to the fact that not all disabled people appear to be disabled and disabled people who have proper car tags and markers do not have to justify their disability status to greeters and observers and companies.

    Best Wishes!

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  • I put up a privacy fence well on my prop; did I "lose land on other side of fence"?

    I would like to know because neighbor has a shed there and how do I go about finding zoning laws to have it moved if it is too close to me, its between our houses and he is starting to use it as a work shop making disturbing noise. I don't get alo...

    Paul’s Answer

    Mr. Silver is correct that the mere erection and existence of your privacy fence does not mean that you have forfeited the land separated by the fence. The erection and existence of your privacy fence can, in certain circumstances, create a risk of forfeiture, however, and you may need to take additional steps to protect your interest in the the land separated by the fence. This matter is time sensitive and the more time that has passed since the erection of the fence the more risk you bear. Best Wishes!

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  • How do I get the correct attorney for dropping my vehicle off of a lift and then the car company getting caught covering it up?

    Dropped a dodge ram 1500 while working on a warranty issue. Did not call the customer and sent truck to get repaired. The repair job was awful. Got a quote at a respectable business where we would like it fixed. They are not willing to fix it.

    Paul’s Answer

    Find a Lawyer
    Lawyer Referral Service

    What is the Lawyer Referral Service?
    The Lawyer Referral Service (LRS) is a public service of the South Carolina Bar that provides referrals to individuals needing qualified, prescreened lawyers. You may call for a referral from 9 a.m. to 5 p.m. Monday through Friday. The number to call, both in state and out, is 1-800-868-2284. (In Richland and Lexington counties, call 799-7100.) An online referral service is also available 24/7 and may be accessed by clicking here.

    The LRS can refer you to a qualified, prescreened attorney in one of more than 100 areas of law, including the following:

    * Personal injury
    * Real estate and landlord-tenant
    * Family law, including divorce, custody, alimony and child support
    * Criminal defense
    * Employment law, including discrimination, wrongful termination and unpaid wages
    * Most other areas of law

    How does LRS work?
    The LRS offers referrals by the type of law and by the area or location in which you need a lawyer. Each participating lawyer agrees to charge no more than $50 for a 30-minute consultation. If the consultation extends past the 30 minutes or you hire the lawyer to represent you, the lawyer will charge you his or her normal fees. The lawyers do not take pro bono cases.

    Other helpful contacts
    If you are indigent and unable to pay for a lawyer's service, you may want to contact LATIS at 1-888-346-5592 to see if you qualify for free or reduced-fee legal services. LATIS will screen you to see if you qualify. If you do not, they may refer you back to the Lawyer Referral Service. To find out more about LATIS, you can visit www.sclegal.org. Click here for a list of helpful phone numbers within the S.C. Bar, S.C. Judicial Department, legal services, state government and other agencies.

    Why should you use the Lawyer Referral Service?
    Even if you are not sure whether your situation requires a lawyer, in many cases it is useful – and can be less expensive in the end – to obtain the advice of a lawyer early in your case. Benefits of using the LRS are that (1) lawyers signed up with our service are all in good standing with the South Carolina Bar and (2) the Lawyer Referral Service requires its lawyers to maintain malpractice insurance.

    What is expected of me?
    When you contact the LRS by telephone or access it online, you must give the potential client's name and address to the operator, or type it online. If you are not the potential client, you should have the actual client’s name and address written down before you call. You must provide the same information if you go online. You must also let LRS know how you found out about the Lawyer Referral Service.
    If you contact the LRS by telephone, you will be asked to provide a brief explanation of your possible legal situation and in which county your case will be brought. If you access the program online, you will select the county and the type of law, then type a brief explanation of your legal situation.

    You will be given the name and number of one lawyer to contact who fits your situation. If the lawyer is unable to assist you, please either revisit the online referral page or call the Lawyer Referral Service at 1-800-868-2284 and explain the situation to the operator, so he or she will try to assist you with another referral. The LRS does not make more than two referrals by telephone.

    Once you receive a referral, you will be expected to contact the lawyer by telephone to make an appointment.

    http://www.scbar.org/Public-Information/Find-a-Lawyer

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  • If I have asked someone not to come to my home or property without asking me first can they be arrested for trespassing i

    I have 4 children thru dss I have asked the mother not to come unless she has approved it with me first I have also asked her not to bring been boyfriend back to my residence but she continues to do so what can I legally do to stop her coming to m...

    Paul’s Answer

    You should speak to the DSS Caseworker assigned to this case.

    If DSS will not assist you, then you should call the South Carolina Bar Lawyer Referral Service (LRS). This free service provides referrals to individuals needing qualified, prescreened lawyers. You may call for a referral from 9 a.m. to 5 p.m. Monday through Friday. The number to call, both in state and out, is 1-800-868-2284. (In Richland and Lexington counties, call 799-7100.) An online referral service is also available 24/7. http://www.scbar.org/publicservices/findalawyer.aspx

    If you are indigent and unable to pay for a lawyer's service, you may want to contact LATIS at 1-888-346-5592 to see if you qualify for free or reduced-fee legal services. LATIS will screen you to see if you qualify. If you do not, they may refer you back to the Lawyer Referral Service. To find out more about LATIS, you can visit www.sclegal.org. Click here for a list of helpful phone numbers within the S.C. Bar, S.C. Judicial Department, legal services, state government and other agencies.

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