Ralph H. Schofield Jr.’s Answers

Ralph H. Schofield Jr.

Lakeland Litigation Lawyer.

Contributor Level 12
  1. Contract to re-roof our home. No work date set yet. Can we cancel?

    Answered about 1 year ago.

    1. Ralph H. Schofield Jr.
    1 lawyer answer

    Assuming the contract does not cover the timeliness issue, the best step you can take might be to put your complaint in writing that the company has failed to act in a timely manner despite the company knowing that time was of the essence in completing the work. Accuse the company of breach of the contract, and indicate that you are considering the contract to be rescinded, cancelled, or otherwise leaving you without liability unless the company responds within, say, five business days to...

    4 lawyers agreed with this answer

  2. My landlord is trying to charge me an extra months rent after my year lease ends.

    Answered about 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Carol Lynne Zimmerly
    3. Gregg Harrison Glickstein
    3 lawyer answers

    Absent other language in the lease to the contrary, the language that you quote means that you must give 60 days' notice BEFORE the end of the lease that you do NOT intend to renew. If you gave at least 30 days' but not 60 days' notice, you would be on the hook for 1 extra month. If you did not give at least 30 days' notice, you would be on the hook for 2 extra months. The price per month would be assumed to be the same price that you were paying on a monthly basis during the term of the...

    4 lawyers agreed with this answer

  3. Can i receive anything?

    Answered about 1 year ago.

    1. Tami Lane Augen
    2. Ralph H. Schofield Jr.
    3. Christian K. Lassen II
    4. John Arthur Smitten
    4 lawyer answers

    This depends on state law that applies, the existence of a will, the nature of the ownership of the condominium. Usually, the law of the state of residence at the time of death is what applies. Here, that appears to be Connecticut. I cannot ethically or legally advise on Connecticut law, so you may wish to re-post your question as a Connecticut question. Per Florida law (and as it is in several states), if there is no will and no wife, the biological children of your father would...

    4 lawyers agreed with this answer

  4. Received 24-hour eviction notice today (Friday.) When do I have to leave? What can be done on my part? Will police come?

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    1 lawyer answer

    Unless a judge has entered a “judgment” against you and issued a “writ” of possession that was delivered by a sheriff’s deputy, you do NOT have to leave. If that 24-hour eviction notice was posted by a sheriff’s deputy and was a writ of possession, the sheriff’s deputy will be back tomorrow and will ensure that you are removed.

    4 lawyers agreed with this answer

  5. Do courts take so long to scheduled a Status of Conference?

    Answered almost 2 years ago.

    1. Ralph H. Schofield Jr.
    2. Sema Yildirim
    3. Karen Tallent Munzer
    3 lawyer answers

    It can take that long, assuming the request was in writing. A follow-up to the judicial assistant to ask what the status is on getting a conference scheduled would be appropriate. It probably won't be scheduled to occur before the 29th though. That's a short timeframe in today's court systems. Note, however, that the judge is not supposed to give advice or guidance on what to do. It may be better to file a motion and set the motion for hearing.

    4 lawyers agreed with this answer

  6. Co own property in florida, can I claim florida's homestead asset protection

    Answered almost 2 years ago.

    1. Ralph H. Schofield Jr.
    2. Raymond Todd Burbine
    2 lawyer answers

    First, you are required to be residing there as your primary residence on January 1 (or plan to do so). So, based on the facts as you state them, you may not be able to get the homestead exemption for this year (for yourself). Second, all you really need to do is move into the home and then go to your county property appraiser and fill out the forms for the homestead exemption. As you may already know, if only one of the co-owners lives on the property, the amount of the exemption may be...

    4 lawyers agreed with this answer

  7. Have won a small claims case and recorded judgement. What is the best way to now try and collect the money?

    Answered about 2 years ago.

    1. Ralph H. Schofield Jr.
    1 lawyer answer

    The most important piece of information you need to know is that it is YOUR burden to find out what assets this person has. You have to do your own research (with the assistance of a competent attorney, if necessary) to find information in the public records or paid people searches to locate his assets. Unfortunately, you can’t just go to, say, the Sheriff and ask for that information. It takes some time. The second most important piece of information you need to know is what is NOT...

    4 lawyers agreed with this answer

  8. How do i know i have been sued for any crime?

    Answered about 2 years ago.

    1. Ralph H. Schofield Jr.
    2. Seyed Abbas Kazerounian
    3. Joshua Sabert Lowther
    3 lawyer answers

    First things first, you don't get "sued" for crimes. You get "sued" to pay someone back for damages caused. You can get arrested and prosecuted for a crime, which could subject you to fines and imprisonment. In either event, you are PROBABLY safe. Requirements for "due process" make it very difficult to proceed in a lawsuit against someone without that person knowing. Although there are instances where someone can simply be sued by mail, this usually requires a showing that you are...

    4 lawyers agreed with this answer

  9. Am I intitled to alimony?

    Answered about 2 years ago.

    1. Ralph H. Schofield Jr.
    2. David Alexander Browde
    3. Jayson Lutzky
    3 lawyer answers

    First, your statement that you understand that Florida is a no-fault state caught my eye. Just so we're clear, the term "no-fault" in reference to divorce simply means that you CAN get divorced regardless of who was at fault or even when no one is at fault. This phrase does not mean that your entitlement to alimony cannot be affected by adultery or other wrongdoing. Second, your entitlement to alimony can only be officially determined by a Court. You all can agree to him paying you some...

    4 lawyers agreed with this answer

  10. Do I need a real estate lawyer?

    Answered about 2 years ago.

    1. Ralph H. Schofield Jr.
    2. Barry Louis Miller
    3. Charles B. Upton II
    4. Thomas Fred Meyer
    5. Tyler Daniel Brown
    5 lawyer answers

    The tenant is probably only one of multiple people who are named defendants in this lawsuit. You should be one too. You answer on your own behalf, and the tenant answers on his own behalf. If you haven't been served yet, you probably will soon. The tenant is typically only added because he has an interest in the outcome of the foreclosure proceeding. That is, he might be homeless after the foreclosure sale. In response to the question in the title of your post, you are apparently...

    4 lawyers agreed with this answer