Eatontown, NJ asked in Criminal Law, Real Estate Law and Elder Law for New Jersey

Q: my 39 yearold son is conspiring with lawtyer toget me out of my home..they want tocash in ..can i prosecute?

son is 39, no job, no car, no degree, no freinds, goes to therapy.......trashed the house....has not done laundry inmonths

2 Lawyer Answers
H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Then its time for you to hire a lawyer to fight them, sometimes you have to fight fire with fire to be on a equal footing.

Matthew Schutz
Matthew Schutz
Answered
  • Criminal Law Lawyer
  • Flemington, NJ
  • Licensed in New Jersey

A: I guess the first question is what is your goal here? If it is to get your son out of your house, the short answer is yes. Based on what you've written here and assuming he does not pay you any form of rent, you probably should file an ejectment action. An ejectment action is different than the eviction because a tenant has a legal right to the premises. In ejectment, there is no legal right to the premises, they are trespassers. Ejectments work quicker than evictions, generally will be heard within a month, while evictions will take several months to work their way through the calendar.

There may be a basis for criminal charges, but I don't have enough information to comment intelligently.

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