Skip to main content
Nicholas C. Zales

Nicholas Zales’s Answers

526 total


  • What to do next about unruly lower tenants/neighbors?

    Two years ago, new people moved in downstairs and they've been trouble since. From leaving trash bags outside in the hallway for days, not picking up their dog feces in the backyard ( they have two pitbulls and chihuahuas ), dumping the feces in t...

    Nicholas’s Answer

    This is not my field of expertise, but this guide may provide you with the answers you seek. Sorry about your unfortunate situation! Good luck. http://datcp.wi.gov/uploads/Consumer/pdf/LT-LandlordTenant2014Guide497.pdf

    See question 
  • I have been billed for a service not yet rendered from the local hospital, and they want their $ before the procedure is done.

    I have been billed for a service not yet rendered from the local hospital, and they want their $ before the procedure is done. Do I have a right to refuse until I get an itemized billing? Do I have a right to hold off payment until I get an itemiz...

    Nicholas’s Answer

    Good question. In the past I have had clients with no insurance who needed treatment and the hospital always demanded payment up front. You can certainly ask for an itemized bill or estimate and they should provide you with one. There could be hidden charges or ones you feel are unnecessary. Good luck.

    See question 
  • Is my Landlord mitigation damages correctly?

    I live in Wisconsin and have broken my lease in the middle of January 2015 (Lease was due to end in June 2015. My landlord has since found a new tenant (only took them 5 days to find a new tenant - damage mitigation is required in WI). They moved ...

    Nicholas’s Answer

    I wish I was an expert on landlord-tenant law, but I am not. It does not sound right what they are doing. Receiving rent from one person and charging you for the same month's rent. That sounds like unjust enrichment to me, but it may not be worth hiring a lawyer to pursue it. This document by the state may answer your question. Good luck! http://datcp.wi.gov/uploads/Consumer/pdf/LT-LandlordTenant2014Guide497.pdf

    See question 
  • I'm a property manager in ky. Our condo association may need to litigate a warranty claim on defective shingles.

    We were denied a warranty claim with Tampko. I am attaching the denial letter and the Engineers report that Auto Owner’s Insurance had completed on the roof and in particular the building in question. Per the Engineer’s report – it clearly ...

    Nicholas’s Answer

    Many lawyers deal with defects in real estate. Many do it on a contingent fee basis. I would contact a few lawyers and obtain some opinions. Good luck!

    See question 
  • Never given notice of court date and now received a final judgment.

    I have communicated with the opposing attorney via email and have never received notice either electrinically or over through mail and now got a final judgment of foreclosure. How can this be possible? I feel like I've been taken advantage of for ...

    Nicholas’s Answer

    Florida law on foreclosures is very strict. I would obtain a lawyer and move the court to reopen the case ASAP. However, you must have a valid defense to prevail on such a motion. Good luck!

    See question 
  • Why or would the Commonwealth appeal a sentencing on a guilty conviction,especially if it came out of their own plea deal?

    If they were unhappy with what the defendant was sentenced with,why and can they do this?

    Nicholas’s Answer

    Why the government does certain things is often unfathomable. A superior to the trial prosecutor may be upset or something else may be happening. I do not know about PA law, but overturning a judge's sentencing decision is very difficult! So the defendant has that on his/her side.

    See question 
  • Getting horrible service from current lawyer you have paid a retainer to

    I started using a lawyer last May 2014 to help partition my ex husband and myself 's home we still own but he has not paid his half of mtg or repairs or insurance or taxes etc. This lawyer has let a 3 month gap go before contacting me 2 times n...

    Nicholas’s Answer

    It's a drastic remedy and not to be taken lightly, but you could remind your lawyer she has a duty communication and competence. You could suggest that if she doesn't get working on your case in a reasonable way you will report her to the bar's disciplinary authorities. I would at least give her a chance to explain first, but if you feel you are being used this option will spook any attorney into action. Again, use this only as a last resort. https://www.lsba.org/Public/AttorneyDisciplinaryProcedures.aspx

    See question 
  • Court of Appeal question regarding opening brief.

    I am preparing my opening brief. I have filed the designation of record. I have found 5 pages (emails) that I did not designate and they are not included in any court record. Am I correct that I can attach up to 10 pages as exhibits in my brief? I...

    Nicholas’s Answer

    Every state has different rules on what constitutes the record on appeal. In Wisconsin, you would have to ask the Court of Appeals to supplement the record - assuming those emails were introduced in the circuit court. If they were never part of the trial court record you may be barred from using them. Simply attaching them to an appendix or making them exhibits in a brief would not suffice. I would review these pages. They explain what you need to do. Good luck!

    California Appeals CRC Rule 8.121(a) - Ehrlich Law Firm
    www.ehrlichfirm.com/articles-briefs/basics-of-california-appeals-5.html
    California appellate law rules - Rule 8.121 (a) requires the appellant to file in the trial court a designation of the record on appeal within 10 days of filing a notice ...

    [PDF]Motion To Supplement The Factual Record - Michel and ...
    michellawyers.com/.../Nordyke_Appellants-Motion-to-Supplement-Factu...
    Mar 27, 2012 - APPEAL FROM THE ... FOR THE NORTHERN DISTRICT OF CALIFORNIA ... This court has inherent authority to supplement the record in.

    See question 
  • How do I go about setting custody and what do we do about our mortgage?

    My girlfriend of nine years decided we should split up. We have a seven year old son and a mortgage that we've had for only about six months. We have been mostly civil and splitting up taking care of our son 50/50 but I would prefer something more...

    Nicholas’s Answer

    You need to speak with a family law attorney. Most give free, short, initial consultations. Speak to 2 or 3 and see which one fits you best. Good luck!

    See question 
  • Do I need a lawyer and if so what kind?

    my car was in for service at a dealership Friday while test driving my car the service technician was involved in an accident that totaled my car.

    Nicholas’s Answer

    Unless the dealership is willing to do right by you, to your satisfaction, I would contact a consumer rights lawyer ASAP. This is more a case of negligence than lemon law. If you receive no good answers here, Google it. There are many lawyers in your area who do that kind of work. Good luck!!

    See question