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Delaware Civil Litigation Questions & Answers
1 Answer | Asked in Real Estate Law and Civil Litigation for Delaware on
Q: How long do I have to be able to do a civil suite against the seller of the house I bought who lied on the Disclosure De
James L. Arrasmith
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answered on Dec 17, 2023

In Delaware, the statute of limitations for filing a civil lawsuit regarding real estate fraud is typically three years from the date the fraud was discovered or should have been discovered. This means you have three years to initiate legal action from the time you become aware of the false... View More

1 Answer | Asked in Civil Litigation for Delaware on
Q: Driveway damaged by dumpster.

I hired a contractor to repair my home after a house fire. The contractor had a dumpster placed on my driveway. When the dumpster was removed the truck cracked my driveway.

The contractor claims to have reached out to the dumpster company and he claims they are not returning his calls. I... View More

James L. Arrasmith
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answered on Nov 24, 2023

In your situation, where the contractor you hired caused damage to your property through a subcontractor (the dumpster company), you typically have the right to seek compensation for the damages. Since your contract was with the contractor and not the dumpster company, the contractor is generally... View More

1 Answer | Asked in Traffic Tickets, Civil Litigation and Civil Rights for Delaware on
Q: Car was towed from private property

My vehicle was towed from a shipping center in new castle County Delaware, I was parked there overnight but there were no signs indicating any enforcement. There were only fire lane signs

Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

It would appear that parking in a fire lane in PA is a towable offense. Don't need additional warning signs about towing. Probably Tow Company called by Mall Security.

1 Answer | Asked in Civil Litigation for Delaware on
Q: Can the defense attorney speak with the plaintiff witnesses on the phone in lieu of a deposition, Is this admissible?

This is a slip and fall lawsuit where the defense attorney is having a difficult time reaching plaintiff witnesses for deposition. So instead, he stated that he would speak to them on the phone.

Ken Shigley
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Ken Shigley
answered on Sep 26, 2019

He may interview the witnesses to see what they have to say. With their permission he may record the calls. Some states allow recording without permission but jurors tend to think that is unfair and sneaky. If the witnesses testify at trial, and say something contradictory to what is in a recorded... View More

2 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Delaware on
Q: If the opposing party claims I didn't properly preserve the evidence of my car accident case, does that mean my case

can't proceed to trial?

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2018

Evidence would be necessary to go to trial, but it’s possible there is evidence if an ambulance responded, you were taken to an emergency room, there was a police response, a property adjuster inspected the damage to your vehicle, etc. Without knowing what happened, it’s difficult to say what... View More

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1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Delaware on
Q: I have a bad mold issue. I have had it professionally tested and the results came back horrible. What is my next step?

The results for stratysbotrys and other toxic molds have came back in high numbers. I had swab samples and air testing both done. I have contacted the county, health department, fire marshal, attorney general and not one of them can seem to help me. My landlord is not cooperating with me at all... View More

Camille Brooks Ibrahim
Camille Brooks Ibrahim
answered on Jul 5, 2018

You can sue the landlord considering you were under his premises while the mold accumulated! That is a premises liability suit depending on the time frame the mold was formed.

2 Answers | Asked in Civil Litigation for Delaware on
Q: Teatimony

I demanded a person that made me a damge.When his lawyer ask me what was the damge I confused and told him,by mistake, a wrong answer. My lawyer was angry with me so I suggested him to say the judge that I have a reason for my ''huge mistake''(as my lawyer said) and that reason... View More

Charles Snyderman
Charles Snyderman
answered on Jul 15, 2014

I'm sorry but I do not understand your question. What I can tell you is that when you have a lawyer, it is his duty to answer your questions. I suggest you discuss this with your lawyer.

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1 Answer | Asked in Civil Litigation for Delaware on
Q: Can a car repair facility (aamco) sell my vehicle for scrap without my consent when there is a lean on the title ?
Charles Snyderman
Charles Snyderman
answered on May 12, 2014

Please explain what led the repair facility to sell your vehicle, and what notice you received in advance.

1 Answer | Asked in Civil Litigation for Delaware on
Q: I currently live in a townhouse, and my next door neighbors currently rent the property. We are having issues with them.

They continue to smoke in the house and we are constantly smelling smoke coming through the walls. I've called their rental company, asking them to stop. They stop for a while, then start up again. They are also on a month to month contract. I've called the rental company 2 times in the... View More

Charles Snyderman
Charles Snyderman
answered on Feb 8, 2013

Your question raises some interesting questions. Bringing a lawsuit to recover money would not solve your problem, so the best remedy for you would be an injunction. The issue would be whether the Court would consider smoking a nuisance. As far as I know, this issue has not been addressed by a... View More

1 Answer | Asked in Civil Litigation for Delaware on
Q: DOES THE LACK OF A SIGNED sTIPULATED Agreement void the agreement before the Court.
Charles Snyderman
Charles Snyderman
answered on Jan 10, 2013

Can you provide more details?

1 Answer | Asked in Civil Litigation for Delaware on
Q: How long does a judge have after requesting a brief on May 22, 2012 to make a decision?

The case is in Delaware

Charles Snyderman
Charles Snyderman
answered on Jan 5, 2013

Once briefs have been submitted by all the parties, there is no time limit for a judge to render his decision. I'm assuming your case is a civil case rather than a criminal one. Judges are very busy, and there are times when it takes many months before you receive their decision. Waiting can... View More

1 Answer | Asked in Civil Litigation for Delaware on
Q: I was tricked into signing affidavit. 95% is true, I don't agree with other 5%. Is it legal?
Charles Snyderman
Charles Snyderman
answered on Jan 30, 2013

Who tricked you? What was the affidavit used for? Are you asking if the affidavit is valid, or are you asking whether it is legal for someone to trick you like this?

1 Answer | Asked in Civil Litigation for Delaware on
Q: CAN A PERSON RECORD VIDEO OFF LAP TOP IN YOUR HOME AND BE USED IN COURT?

MY SISTER WAS HOME WITH BROTHER AND MY SISTERS FRIEND RECORDED THEM ON A LAP TOP WITHOUT THEM KNOWING ABOUT IT.THEY LIVE IN DELAWARE. THANKS PAUL

Charles Snyderman
Charles Snyderman
answered on Jun 22, 2014

Can you give us more information? Which Court? What's the case about?

1 Answer | Asked in Business Law and Civil Litigation for Delaware on
Q: Can a Delaware corporation not in good standing file a lawsuit other than under 278?
Charles Snyderman
Charles Snyderman
answered on Jan 6, 2013

The answer is "Yes," but if the attorney representing the defendant discovers that the corporation is not in good standing, the attorney will file a motion to dismiss. If the corporation fails to become current with franchise taxes, the Court will grant the motion.

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