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Paul Dezso de Holczer

Paul de Holczer’s Answers

98 total


  • 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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  • Am I at fault for not paying anymore.

    I recently lost my job andmy home and had to return my furniture back to rent a center. they arrived on the day I was moving to retrieve the furniture. they then told me that they wasn't gonna take the furniture because they suspected it had bedbu...

    Paul’s Answer

    If you are unable to afford an attorney to help you -- and it sounds as though you will need an attorney to help you -- you should contact the Legal Services Office near you:

    South Carolina Legal Services (Conway Office)
    1201 B Creel Street, Wing A-1
    PO Box 231
    Conway, SC 29526
    Tel: (866) 597-0100

    SCLS is a “statewide law firm” that offers legal help to South Carolina’s residents with low incomes. It is the most prominent organization offering free and low cost services in the state. The organization only helps with non-criminal matters. SCLS staff typically work in discrimination cases, tax law, immigration, domestic violence, education law, and public benefits. Many services are available in Spanish. They also have a Statewide Intake Office which you can call toll free at: (888) 346-5592.

    - See more at: http://statelaws.findlaw.com/south-carolina-law/free-legal-aid-in-myrtle-beach.html#sthash.KaFgU5LL.dpuf

    You can also contact the

    South Carolina Bar Lawyer Referral Service
    Tel: (800) 868-2284
    http://www.scbar.org/publicservices/findalawyer.aspx

    The Bar provides free referrals to local attorneys who are experienced in matters similar to yours. The service typically places clients with lawyers working in personal injury, criminal defense, employment, and family law. You may or may not have to pay the referred attorney $50 for a 30 minute consultation.

    - See more at: http://statelaws.findlaw.com/south-carolina-law/free-legal-aid-in-myrtle-beach.html#sthash.KaFgU5LL.dpuf

    Best Wishes to you!

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  • I have a nurse that i was seeing and she access my health records without my permission . What can i do ?

    we had seen eachother 3 to 4 times and wanted me to discuss personal matters with her and ofcourse i refused . i wasn't gonna discuss that infoe with some one that i had only meet . she also exposed me to a S T D .

    Paul’s Answer

    See an attorney. HIPAA violations are treated very seriously and may involve severe financial penalties. You may be able to recover for these violations. See (http://www.ctpost.com/local/article/Court-rules-Westport-doctor-can-be-sued-for-HIPAA-5869905.php) and(http://en.wikipedia.org/wiki/Health_Insurance_Portability_and_Accountability_Act)

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  • A new owner bought our apartment building and has stated that certain tenant rights are now null and void, can they do that?

    We have wide breezeways and on the lease I signed it states we are allowed to have patio furniture, plants and bikes as long as it is locked under the stairs. The new landlord has handed out eviction notices to those who did not comply and remove...

    Paul’s Answer

    Dana Atchley has posted an excellent response to this question. Note that a prospective landlord could, perhaps, purchase ownership of the various apartments and then vote, as a majority of apartment owners, to change bylaws if these rules are in a Property Owners Agreement (POA) instead of a lease. Otherwise, the new owner might need to renegotiate each lease with new rules as each lease expires. In any case, you should consult an attorney to make sure you are protected.

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  • Filing trespass notices for board members and those appointed by the Board in a home owners association

    Will this keep Board Nazis off my property? Can they be prosecuted after notice if they come on my property? Sadly, our neighborhood has become a place where property rights have been degraded.

    Paul’s Answer

    • Selected as best answer

    The other answers are very good.

    You write, "Sadly, our neighborhood has become a place where property rights have been degraded."

    When a person or family buys property subject to a HOA and restrictions, one is likely paying extra for the very restrictions which degrade ones' property rights. One has already decided that the surrender of some of those rights will work to sustain or increase the value of their property.

    Also, if one sues one's HOA and loses, one may likely end up paying the attorneys' fees and costs for that suit.

    You may want to rethink whether or not you should own a property subject to a HOA or such restrictions.

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  • My neighbors property line is about 2 feet away from our house, can he block a driveway that leads to the back of our property?

    There is a gravel driveway that leads to the back of our property, our neighbors own that gravel driveway and it is our only way to get to the back of our property (woods on the other side of our house). We have been using it for nearly 7 years ,...

    Paul’s Answer

    Dana Atchley provided a sound response to this question. There are many facts which must be considered. If the questioner wants to use the driveway, then the questioner will likely have to litigate this matter in the courts. That is best pursued using an attorney in South Carolina and NOT by way of handling the matter without an attorney.

    If the questioner does not want to spend the money to litigate the matter, then it is probably best to clear the woods and construct a driveway on the other side of the house. Depending upon the local jurisdiction and the ownership of the road on which the house sits, it may be necessary to obtain permission for a driveway at the particular location proposed; however, this is usually not a problem.

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  • Home in forecloser been on med.leave from work got a place gonna help they need copy of deed deed has not been filed yet .legal?

    when bought home the company mailed paperwork i had to sign and get it noterized and send back is that legal in sc.

    Paul’s Answer

    I agree with the other attorneys' answers. I, too, have a difficult time understanding exactly what has happened. For this reason, especially, I recommend that you contact an attorney immediately. You need to meet with an attorney about this. You can contact the SC Bar's Lawyer Referral Service ( http://www.scbar.org/publicservices/findalawyer...) by telephone at (800) 868-2284.

    If you do not have much money, you may be eligible for Legal Services (http://www.sclegal.org/Home/tabid/207/Default.aspx).

    Spartanburg Office
    Serving: Cherokee, Spartanburg, and Union Counties
    148 E. Main Street
    Spartanburg, SC 29306
    Toll Free: 800.922.8176
    Phone: 864.582.0369
    Fax: 864.582.0302

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  • Can the HOA go onto abandoned property for cleanup?

    A house in our neighborhood has been abandoned and the yard is severely overgrown. The Homeowners Association wants to hire a yard service to clean up the property and then put a lien on the property for the cost of the cleanup. Can the HOA send a...

    Paul’s Answer

    Probably. I agree with the other attorneys' answers. One question arises in my mind from your question: Are you asking this as the owner of the abandoned property, as a homeowner in the neighborhood, or as an officer of the HOA? If the HOA does not already have a relationship with an attorney or law firm, it ought to establish one and manage this situation through its attorney to avoid liability and problems.

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  • I want to put a fence on the property line. I live in sc. can I cut down 2 trees directly on the line?

    don't want to speak with neighbor. bad history

    Paul’s Answer

    To avoid a physical altercation leading to injury and criminal charges, you should speak to an attorney.

    The newspapers frequently report stories where these sorts of disputes led to unnecessary tragedy and expense. For example, in 2011 in Lancaster County, an argument about property lines and harvesting trees in rural northern Lancaster County reportedly turned into a shootout among three family members -- not even bad neighbors or strangers. There were injuries and charges of attempted murder. Unfortunately, this is not a rare example.

    South Carolina has a law which may well permit you to remove the trees according to a set procedure. You will likely need to retain an attorney to properly engage that procedure. In this type of situation it is not advisable for you to rely on your own management of this procedure or for you to rely on force of arms and the use of weapons.

    The statute that should assist you is S.C.Code Ann.§ 15-67-270.

    Good luck!

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  • I want my boyfriend to leave our home but he refuses. The deed and mortgage are in my name only. Does he have any rights?

    We have lived together for almost 3 years and the house was bought in SC last February (2012). We split the downpayment and all mortgage payments. I want a clean break but he claims to have just as much right to stay in the home as I do but I refu...

    Paul’s Answer

    You need to meet with an attorney about this. You can contact the SC Bar's Lawyer Referral Service ( http://www.scbar.org/publicservices/findalawyer.aspx) by telephone at (800) 868-2284.

    If you do not have much money, you may be eligible for Legal Services (http://www.sclegal.org/Home/tabid/207/Default.aspx).

    Greer, of course, straddles county lines so you will need to contact one of these offices depending on where your residence is located. Greenville:
    Greenville Office
    Serving: Anderson, Greenville, Oconee, and Pickens Counties
    701 S. Main Street
    Greenville, SC 29601
    Toll Free: 800.763.4825
    Phone: 864.679.3232
    Fax: 864.679.3260

    Spartanburg Office
    Serving: Cherokee, Spartanburg, and Union Counties
    148 E. Main Street
    Spartanburg, SC 29306
    Toll Free: 800.922.8176
    Phone: 864.582.0369
    Fax: 864.582.0302

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