what kind of lawyer so i need if someone is trying to take my house due to my parents being sued

You may need: A real estate attorney (property lines disputes) A criminal law attorney (stalking or threats - see below)

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What kind of lawyer do I need to sue my Neighbor?

Oct 30, 2020 · A criminal lawyer is also sometimes called a defense attorney. These lawyers can be hired by the defendant or appointed by the court to represent the defendant. In serious cases, where punishments are more severe, a criminal lawyer is highly recommended, even necessary.

What should I do if I'm getting sued by someone?

Generally speaking, the law requires landowners to maintain their property in the same way that another reasonable person would. If the landowner fails to do so, or breaches their duty of care to those entering their property, they may be liable for negligence. As previously mentioned, a property owner’s duty of care under premises liability ...

What is family law and do I need a lawyer?

Oct 13, 2017 · So, if you run a business out of your house, decide to have a yard sale, or throw a business party or event at your house, your neighbor or potential customer may well be an invitee. In that case, if someone gets hurt on your property they can sue you, so you should make a thorough inspection of your home to make sure there are no hidden or ...

What kind of attorney do I need to file a lawsuit?

Jan 10, 2011 · Mitchell Paul Goldstein. You need a commercial or civil litigation attorney. A civil litigation attorney or commercial litigation attorney would typically have the experience necessary to sue the person (litigate) in the necessary court, if settlement or other negotiations can't be worked out prior to filing the suit.

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Can a trespasser sue you for personal injury?

If a guest, customer, or trespasser is injured while on your property, they may be able to bring a personal injury lawsuit against you. Whether you will actually be held liable depends on how the person was injured, and what their status was on your property. An example of this would be how a property owner would likely be less liable for a trespasser’s injuries than a guest’s injuries.

Can a property owner injure a trespasser?

However, property owners cannot willfully injure trespassers. If there are frequent trespassers on the property, and the property owner is aware of them, they may be held liable for the injuries sustained due to an unsafe condition on the property. The following are some conditions that must be present for liability:

What are the duties of care?

However, as previously mentioned, the exact duty of care depends on how the person is entering the property. There are generally three categories for duty of care, which include: 1 An invitee, who is a person invited onto the property for business purposes; 2 A licensee, or a person on the property for either social reasons or their own purposes; and 3 A trespasser, or an individual who has entered the property without permission.

What is an invitee on a property?

An invitee, who is a person invited onto the property for business purposes; A licensee, or a person on the property for either social reasons or their own purposes; and. A trespasser, or an individual who has entered the property without permission. Generally speaking, invited guests must be warned of any hidden dangers to be found on your ...

What is the duty of a property owner?

According to this standard, a property owner owes the duty to repair and fix known dangers. Additionally, they have an obligation to reasonably inspect for, discover, and fix unknown hazards in those areas of the property of where an invitee may have access to.

Do landowners have to inspect their property?

However, in addition to that warning, landowners must inspect their property and make reasonable repairs to any dangerous conditions for their customers.

Do property owners owe trespassers a duty?

Property owners do not owe a duty to protect trespassers who enter their property. However, property owners cannot willfully injure trespassers. If there are frequent trespassers on the property, and the property owner is aware of them, they may be held liable for the injuries sustained due to an unsafe condition on the property.

What is the duty of a property owner?

The property owner’s duty is simply to avoid “willful or wanton misconduct.”. The meaning of “willful or wanton” has been described as, conduct in reckless disregard of the safety of another. This is a different standard than simply being negligent to warn of a dangerous condition. This concept can be tricky, because sometimes a person can enter ...

What is a trespasser?

The definition of a trespasser is essentially a person who comes onto the property without consent, permission or any right to be on the property. A trespasser is offered little protection under the law if he or she is injured on someone’s property. The property owner’s duty is simply to avoid “willful or wanton misconduct.”.

What does "no trespassing" mean?

Posting “no trespassing” signs or putting some sort of barrier can be helpful for property owners to argue that the injured party was a trespasser and clearly knew they were not permitted to be on the property.

What is a duty to warn?

In other words, you have a duty to warn of hidden or non-obvious dangerous conditions which you know about or should know about . This could be a broken step, a non-obvious hole in the yard, a rotted piece of handrail or deck, a hidden tree root or other hidden or obscure things on your property.

What is a public invitee?

A “public invitee” is a person who is invited to enter or remain on land as a member of the public for a purpose for which the land is held open to the public. Generally, “invitees” deal with property being used for business, such as customers or members of the public using a business property.

What is a business invitee?

A business invitee is a person “invited to enter or remain” on a property and for a purpose directly or indirectly connected with business dealings with the owner of the property.

Can a lawyer do collections?

A collections lawyer can do it. A lawyer who does collections litigation can do it. I do not do collections work. but there are many in town who do. You can call the Virginia Lawyer Referral Service for a name.

What is a civil litigation attorney?

A civil litigation attorney or commercial litigation attorney would typically have the experience necessary to sue the person (litigate) in the necessary court, if settlement or other negotiations can't be worked out prior to filing the suit.

Lawrence Michael Centanni

This matter would be brought in the Special Civil Part Section of the Law Division of the County Court where the debtor resides. The said attorney would provide several collection causes of actions. Please also remember the attorney will request a retainer amount to file a Complaint, go to Court, resolve it or have it tried.

Jeffrey Anthony Skiendziul

This type of debt would be brought in the Special Civil Part because of the amount being sued. The courts have do it yourself forms you can fill out on your own. As far as whether you have a case, you need to speak to a lawyer who handles small claims cases to determine whether you have a case.

How to stop a neighbor from stealing my property?

Speak in court or privately with a judge. Settle the case for money or another resolution that (hopefully) makes your neighbor stop.

Is stalking a civil case?

This is no longer a civil case if you are being threatened or stalked. By law, you have the right to safety in your home. These are criminal charges, and you need a criminal attorney to press charges and get an order for protection. You can also choose to sue for emotional suffering or physical injuries.

Can harassment be a felony?

The harassment charges can become a felony if: They have any prior misdem eanor (less serious crimes) on their record. They are threatening you with violence. Suing them may just be one part of the case if criminal activity is involved.

Can a lodger be evicted?

If they have a separate entrance that is not in common use they may be considered a tenant. Removing a lodger does not require an eviction unless the lodger has a lease or you rent multiple rooms to lodgers.

Can you evict a tenant?

If you have a lease or sublease agreement with your tenant, you may not be able to evict them unless they have broken some aspect of your lease or state's laws regarding tenants.

What is a guest in a home?

A guest is a short-term visitor, has the least right to reside in your home and is the easiest to remove. However, because the law recognizes verbal agreements made between a homeowner and a guest, an implied agreement about staying in your home can make your guest a tenant in the eyes of the law. A boarder or lodger rents a room in your home.

What is a lodger in a home?

A lodger or boarder rents a room in your home without a lease, and typically does not have private access to their quarters. If they have a separate entrance that is not in common use they may be considered a tenant. Removing a lodger does not require an eviction unless the lodger has a lease or you rent multiple rooms to lodgers. Removing a lodger requires serving written notice that they must move out. Generally, you must give the lodger notice equal to the length between rent payments.

What happens if you get sued?

In many (if not all) states, courts have power to declare certain transfers of money and property to be fraudulent or otherwise invalid.

How to protect yourself from personal liability?

To protect yourself from personal liability, consider forming a corporation, limited liability company (LLC), or limited partnership (LP) for your business. Doing so will, in most cases, reduce your exposure to your business investment.

What is the most important insurance policy?

For most people, the two most important insurance policies are: Automobile liability insurance and homeowner’s insurance (renter’s insurance if you do not own a home). For each policy, make sure you thoroughly understand what your policy limits are, what your policy covers, and which exclusions apply.

What is an exclusion in insurance?

Exclusions are provisions in the policy that eliminate insurance coverage for certain losses. What this means is that the insurance company will not pay under these circumstances.

What is the second exclusion?

The second exclusion is the business use exclusion. If you use your car for work (e.g., pizza delivery, dog grooming, transporting people), make sure your automobile policy does not exclude business use. If it does and you get in an accident, there is a high probability the insurance company will refuse to pay.

Can you use your car for work?

If you use your car for work (e.g., pizza delivery, dog grooming, transporting people), make sure your automobile policy does not exclude business use. If it does and you get in an accident, there is a high probability the insurance company will refuse to pay.

What is homeowner's insurance?

Homeowner’s insurance. Beyond covering the structure and contents of your home, homeowner’s insurance has the added benefit of providing you with liability coverage for a wide array of potential claims. Here are a few examples of claims that might be covered: Your tree falls and causes damage to your neighbor’s roof.

What to do if someone damages your property?

If the person in question damages your property, then you’ll have to take photos. Witnesses. If you have anyone who’s witnessed your neighbor’s harassing behavior, you should have that person confirm your claims against the perpetrator. This can be a family member or, better yet, another neighbor.

Why is my neighbor loud?

According to a study by BMC Public Health, neighbor noise annoyance can even be associated with various mental and physical health issues. When your neighbor disrupts your comfort by being loud or playing loud music, it’s time to do whatever you can to solve that issue and avoid further complications.