Ralph H. Schofield Jr.’s Answers

Ralph H. Schofield Jr.

Lakeland Litigation Lawyer.

Contributor Level 12
  1. I have a lot property in NC that I can no longer afford to pay. Should I contact a lawyer here in FL where I live or there?

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Marshall C Deason Jr.
    3. Michael T Millar
    3 lawyer answers

    Generally speaking a foreclosure or related lawsuit must happen in the place where the property sits. If that occurs, you will need a lawyer who is licensed to practice in North Carolina.

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  2. Small claims suit, frivolous atttempt to make a quick buck on me, but plaintiff is buddy's is a police officer that is a fellow

    Answered over 1 year ago.

    1. Charles B. Upton II
    2. Ralph H. Schofield Jr.
    3. Christian K. Lassen II
    3 lawyer answers

    With your sole question being how common or legal it is for a police officer to lie on the stand, I assure you that it is not common and not legal. It would be a criminal act to lie on the stand, and, therefore, most people have the integrity or at least gut moral compass not to do so. In either event, please have faith in our legal system. It usually provides the checks and balances to ensure that, even when someone lies on the stand, the right person becomes the victor. Notably, that's...

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  3. Ex not paying mortgage on marital home

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Curt Perri Bogen
    3. John Arthur Smitten
    4. Joseph Julius Registrato
    4 lawyer answers

    If the ex-wife is directly violating a court order, as it appears, you can apply to the court in your divorce case for a finding of contempt and for sanctions. A motion to the court for civil contempt and an order to show cause would be appropriate at this point. The court will craft the appropriate remedy, but you are still obligated to the bank by contract. The court has not altered that contract, and you may be subject to credit dings and a foreclosure judgment if the mortgage is not paid...

    6 lawyers agreed with this answer

  4. I own my own home ,I also have another peace of property I had plan sell to my son and his wife. They are sepreated now and she

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. James P. Frederick
    3. Steven J. Fromm
    3 lawyer answers

    If you're asking how to remove her from the house, assuming the wife was living there without paying rent, she is probably treated legally as an invited guest. After she refuses to leave, you can file an action for unlawful detainer and seek to have a judgment removing her from the home.

    6 lawyers agreed with this answer

  5. I was robbed & brutally attacked with severe head injury. It happened on Hotel property.

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Lance Paul Richard
    3. Christian K. Lassen II
    4. Clifford M. Miller
    5. Jason Michael Reid
    6. ···
    6 lawyer answers

    Tell the police, and sue for recovery of your damages. This post does not appear to ask a particular legal question, but your civil case against the attacker, if he can be identified, will probably require some medical testimony and, therefore, a lawyer is highly recommended.

    6 lawyers agreed with this answer

  6. PROBATE: What does "disposed Non-SRS" mean?

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Robert Jason De Groot
    2 lawyer answers

    It is my understanding that the "non-SRS" reference is to the fact that the case was not included within the State Reporting System (SRS). This has no effect on the parties. The SRS is a way that clerks can track the efficiency of their courts. Cases are often removed from SRS when there are unique events that might extend the case for an unusual time, such as an appeal. The "disposed" part just means that the court resolved the matter.

    6 lawyers agreed with this answer

  7. What does Tres on prop other than struct or convey mean in a police report also Criminal/Traffic

    Answered over 1 year ago.

    1. Jim Mitchell Medley
    2. Ralph H. Schofield Jr.
    3. Richard Earl Hornsby
    3 lawyer answers

    It is an abbreviation of the crime of "trespass on property other than structure or conveyance." A structure includes any building with a roof on it, plus the area immediately around the edge of the building (called the "curtilage"). A conveyance includes any motor vehicle. The most common trespasses that are NOT into a structure or conveyance are unauthorized entries into parking lots or onto construction sites. The "Criminal/Traffic" reference does not mean that it has anything to...

    6 lawyers agreed with this answer

  8. I have a friend who passed away without leaving a will. What do I need to do to keep his estate and belongings from being taken

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Barry Evan Haimo
    3. Joseph Franklin Pippen Jr.
    4. Matthew Erik Johnson
    5. James P. Frederick
    5 lawyer answers

    The absence of a will does not necessarily mean that the state of Florida will get involved. Without a will, there are standard rules to, essentially, trace your friend's family tree and determine which kin will receive his assets. You would want to search in your area for a "probate attorney." That attorney will help determine how to "administer" the estate, so that the assets are distributed appropriately and so that creditors, if any, are appropriately handled.

    6 lawyers agreed with this answer

  9. In my pending foreclosure case, docket shows a motion entered two days ago requesting substitution of plaintiff.

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. John P Fazzio III
    2 lawyer answers

    The substitution of a plaintiff in a foreclosure lawsuit is presumptively not a wrongful act, nor is it at all uncommon. But if you do have a basis for a claim against the plaintiff and its counsel, you may want to take action before the Court allows the plaintiff an opportunity to get out of the lawsuit. You would file some opposition to the motion to substitute, along with a motion for leave to amend your answer and assert a counterclaim (and add parties for a third-party complaint).

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  10. What do I file and serve once I have rescheduled a deposition?

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Clifford M. Miller
    3. Constantine D. Buzunis
    3 lawyer answers

    Assuming you are taking the deposition of a party, all you would need to do is file another notice with the term "Amended" added to the title, just as you suggest. I would indicate in the notice that the prior scheduled deposition has been rescheduled to this new date. if you are deposing a nonparty, you may need to amend the subpoena as well.

    5 lawyers agreed with this answer

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