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Questions Answered by T. J. Jesky
1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: we purchased home as is in Illinois based on disclosure form stating that there was no leaks.

the form had been checked stating there was leaks, then marked through indicating no leaks. do I need to find out if seller had been advised by her agent to change statement or did she do so on her own. Very evident that attempted repairs had been made over the 28 years seller had owned property.... View More

T. J. Jesky
T. J. Jesky
answered on Sep 28, 2018

Here is the Illinois Compiled Statute (765 ILCS 77/55)

Sec. 55. Violations and damages. If the seller fails or refuses to provide the disclosure document prior to the conveyance of the residential real property, the buyer shall have the right to terminate the contract. A person who...
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1 Answer | Asked in Contracts and Employment Law on
Q: If the address of the employer is wrong on the parties section is the contract void?

I am trying to get get out of my contract so I don't need to give 2 months notice (I am an office administrator who has worked there 2.5 years and want to give just under 5 weeks notice). On the front of the document both our details are right however on the parties section where it shows what... View More

T. J. Jesky
T. J. Jesky
answered on Sep 25, 2018

A wrong Company address will simply be attributed to “Mutual Mistake.” This is an example where neither party noticed it was wrong. When there is a Mutual Mistake, the remedy is usually to reform the contract to reflect the parties true intentions. Said differently, it is was an error put... View More

1 Answer | Asked in Real Estate Law for New Mexico on
Q: A nasty/rude person with 3 children has been in my home for 3 months, I want them to move how do I get them out legally.

She is a young 30 year old who was only suppose to stay 2 weeks, and won't leave I am disabled and can't take it anymore. I gave her a certified 30 day notice to leave by 9/30/18. If she don't leave what should I do. I am a renter. I don't even really know her I was only trying to be helpful.

T. J. Jesky
T. J. Jesky
answered on Sep 25, 2018

It sounds that you gave her an ultimatum of September 30 to move out. In the meantime, you can offer to assist her in finding a new residence. Ask you other family members for their support in speaking with her. Perhaps she has some other family members that will take her in. She does not move... View More

1 Answer | Asked in Antitrust for California on
Q: What's the best way for consumers to report potential price-fixing schemes?
T. J. Jesky
T. J. Jesky
answered on Sep 25, 2018

Price fixing takes place when competitors enter into an agreement to set prices of goods, at the expense of their customers and the free trading market. If you identify a price fixing scheme, you have the ability to take action against the price fixers. If you believe the price fixers are... View More

1 Answer | Asked in Small Claims for California on
Q: Is it worth it to file in small claims court to recover security deposit?

Our former landlord is in agreement that they owe us 100% of our security deposit. Problem is, it has been 40 days and we have not received anything. I believe the issue is the fact that the company is severely disorganized and is extremely dysfunctional, and there is not any malicious intent.... View More

T. J. Jesky
T. J. Jesky
answered on Sep 24, 2018

At this point, you do not have many options. Before you take them to Small Claims Court, send them a certified letter (return receipt) requesting your refund and letting them know that you plan to take legal action by a certain date, if they do not refund your deposit. You now have additional... View More

1 Answer | Asked in Probate for South Carolina on
Q: What happens if I refuse to sign the appointments or personal representative of my late fathers death?
T. J. Jesky
T. J. Jesky
answered on Sep 24, 2018

Yes, you can definitely refuse to be the representative of your father's estate. No one can force you to take on this responsibility. The job entails a great number of responsibilities, where you can be held liable if not completed correctly.

If you decline the job or resign after...
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2 Answers | Asked in Criminal Law for Texas on
Q: Will I get arrested or police just won't consider this case

had a fight with my ex and after arguments on 9-9-2018 I changed the view of her security camera but I was caught on cam doing that. On 9-10-2018 I vandalised her car but not caught on cam snce I changed the view of cam. She said she made a police report against me with video proofs. But no one... View More

T. J. Jesky
T. J. Jesky
answered on Sep 24, 2018

Just because your ex filed a police, don't expect anything to happen soon. Unless it is an emergency situation, where the police believe you are going to cause immediate damage, the processing of the police report will take time. Most likely the police will turn the report over to a police... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Georgia on
Q: If my lease ends today 9/24/18, do I have to until 11:59:59 on the 24th to leave or by midnight of 9/23? In GA.

Also if no exist or walk out paper was given (regarding cleaning and repairs) when asked a month in advance, are still liable for the charges? We also asked to be present during the walk through and no one gave us any notice the property was walked through until after it happened.

T. J. Jesky
T. J. Jesky
answered on Sep 24, 2018

If there is no ending time identified in lease, or the lease references end of business day or state law has a specific time for contracts to end, 11:59pm and 59 seconds would be end time of contract on Sept 24.

As far as inspection of premises. The landlord and perform the inspection...
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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: Can I park my car in front of my own driveway? My car is not cross the walkway and not blocking the street.
T. J. Jesky
T. J. Jesky
answered on Sep 24, 2018

New Jersey Rev Stat § 39:4-138.3 (2013)

Parking in front of driveway permitted; conditions

Notwithstanding the provisions of R.S.39:4-138 to the contrary, any municipality may, by ordinance, permit the parking of motor vehicles in front of private driveways whenever both the...
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1 Answer | Asked in Probate, Real Estate Law, Estate Planning and Landlord - Tenant for Connecticut on
Q: Is it possible to enter a rental agreement (lease) for a property that is in probate?

It should be noted that the beneficiary - in this case, the deceased's wife, wants to rent it out. The property is in probate bc it was only in the deceased's name.

T. J. Jesky
T. J. Jesky
answered on Sep 24, 2018

Short answer: Yes, it is possible.

Probate can tie-up a property for a long period of time, and it may be financially impractical for the property to remain unoccupied during that time.

The court will generally appoint an estate executor or personal representative. This...
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1 Answer | Asked in Intellectual Property for District of Columbia on
Q: Will a law firm be able to help a pro se inventor respond to a notice to file corrected application papers?
T. J. Jesky
T. J. Jesky
answered on Sep 24, 2018

It depends on the law firm. First, you need to find a law firm that handles patents. Second, you need to call the law firm and ask if they can help you file corrected application papers. I have a feeling that most Patent Attorneys can help you with this project.

1 Answer | Asked in Family Law and Child Support on
Q: I'm 5 months pregnant. Can I get child support during pregnancy?
T. J. Jesky
T. J. Jesky
answered on Sep 24, 2018

There is no question that you will have expenses associated with the pregnancy. In order to answer your question, it depends on the State. Some States permit child support during pregnancy and some do not.

The problem with obtaining a child support for an unborn child deals with...
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1 Answer | Asked in Divorce for Virginia on
Q: What are the necessary steps I should take for a divorce? Is that abandonment?

I was just recently married July 13th of this year to my husband. This past Friday I came home from work to find his stuff gone and a note he left saying that he is a horrible person and goodbye. He never talked to me about it and also disconnected his cell phone.

T. J. Jesky
T. J. Jesky
answered on Sep 24, 2018

You need to contact a divorce attorney, in your local area, who specializes in family law. Find an attorney who will give you a free initial consultation. Tell the attorney what happened, and ask the attorney if the marriage can be annulled rather than seek a divorce. There may be a basis for... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Utah on
Q: I need to get a separation and don’t know where to start? Worried about income differences?

My husband has anger issues, pornographery issues w/cross dressing. Is it possible for me to file for a legal separation and somehow demand that he complete therapy before having overnight visits with our kids? Also, since I make more money, do I have to pay him?

T. J. Jesky
T. J. Jesky
answered on Sep 24, 2018

Generally speaking, those who choose legal separation instead of divorce is usually based on religious beliefs, a desire to keep the family together legally for the sake of children, or the need for one spouse to keep the health insurance benefits that would be lost with a divorce.

A...
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2 Answers | Asked in Bankruptcy for North Carolina on
Q: Can creditors garnish my bank account, I’m on social security disability?
T. J. Jesky
T. J. Jesky
answered on Sep 24, 2018

Short answer: No, a creditor cannot garnish Social Security disability benefits. That being said, there are a few exceptions.

They are: The federal government can garnish your Social Security disability benefit to recover money owed, such as back taxes or defaulted student loan...
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1 Answer | Asked in Divorce for South Carolina on
Q: I got married Feb.01,2017 only to find out that he was still married to another woman. I need to know what I need to do?
T. J. Jesky
T. J. Jesky
answered on Sep 24, 2018

Before we proceed, there are a few exceptions that would prevent this from being bigamy.

1) When he married you was his absent for 7 years, e.g. at sea, continually absent where he did not know his wife was living within that time;

(2) He or she was married before the age of...
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1 Answer | Asked in Child Custody for Arizona on
Q: How do I get a child custody order changed?

My ex completely alienate me from my children and I reveice no parenting time after he won custody by misleading me to sign my rights over

T. J. Jesky
T. J. Jesky
answered on Sep 23, 2018

In order to modify the Custody Order, you will need to go to Court and present a good and compelling reason why you want the modification. You will need to convince a Judge that the circumstances have changed since the original Order was issued. This will most likely be an uphill battle. This is... View More

1 Answer | Asked in Child Support and Family Law for North Carolina on
Q: Can a lawyer help a former runaway get their identification as an adult (30+ years old) if the family will not help?

Child Ranaway in 1999 just trying to get identification after living off grid. Family refuses to help she has been begging them for over a year time

T. J. Jesky
T. J. Jesky
answered on Sep 23, 2018

If the individual is 30 years, they can certainly hire an attorney to petition the Court for a name change. With a Court order name change, the 30 year old will be able to change their name with the Social Security System. And, in some States, with a Court Order, you can update your Birth... View More

1 Answer | Asked in Trademark for New York on
Q: How Can I change the name that is on my trademark

It seems that the lawyer that filed my trademark filed it under the incorrect name and not my business name. Is there a way that I can get the name of my trademark changed?

T. J. Jesky
T. J. Jesky
answered on Sep 23, 2018

This easiest way to change the name on the trademark from your name to a business name is to fill out and submit a Assignment Form to the trademark office. The form will allow you to assign your rights to your business. It seems that you have a trademark lawyer. Ask the lawyer to file the... View More

1 Answer | Asked in Business Formation for Florida on
Q: When starting a brand new business, how soon will I have to report it to the government and start paying taxes?
T. J. Jesky
T. J. Jesky
answered on Sep 23, 2018

We you start a new business, shortly after the business is established, you should apply to the IRS on Form SS-4 to obtain a new Employer Identification Number (EIN) for entity. You can find the form on-line, it is very easy to complete. You will most likely need this EIN to open a bank account... View More

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