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Delaware Questions & Answers
1 Answer | Asked in Uncategorized for Delaware on
Q: Does a person before a notary public have to sign name, or is an print name allowed or a initial, only the persons prin

I have a document not signed with an signature before a notary public, only a ink printed name and signed by the notary public

Charles Snyderman
Charles Snyderman
answered on Sep 30, 2013

a notarized document must be signed, but a legal signature does not have to cursive. A person who can't write can affix his legal mark.

1 Answer | Asked in Consumer Law for Delaware on
Q: We refinanced our house in 2006 with Centex. They in turn sold our mortgage to ASC but forgot to remove their name from

The deed. Now we are trying to get a loan modification with ASC but they can't clear the title. WHAT DO WE DO????

Charles Snyderman
Charles Snyderman
answered on May 26, 2013

Your question is somewhat confusing because a lender's name is never on the deed. In any event, the best thing to do is to contact the attorney who represented you when you refinanced in 2006.

2 Answers | Asked in Contracts for Delaware on
Q: Is a verbal agreement enforceable in Delaware if it was made for 1 yr?
Charles Snyderman
Charles Snyderman
answered on May 26, 2013

Your question brings up a doctrine known as the statute of frauds, which provides that a contract that is incapable of being performed in one year is unenforceable.

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1 Answer | Asked in Landlord - Tenant for Delaware on
Q: If there is a problem with a rental unit and needs to be shut down can I early terminate a lease?
Charles Snyderman
Charles Snyderman
answered on May 14, 2013

Delaware's Landlord Tenant Code allows a tenant to terminate a lease before the end of the term, but it depends on the circumstances. Can you explain why the rental unit needs to be shut down?

1 Answer | Asked in Collections for Delaware on
Q: Does Delaware law limit the amount that can be charged as late fees ?
Charles Snyderman
Charles Snyderman
answered on May 14, 2013

Please provide additional information. Who is charging you a late fee, and what documents did you sign?

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: What would be a good cause for a continuance in a Landlord/Tenant Issue
Charles Snyderman
Charles Snyderman
answered on Feb 12, 2013

There are many reasons why a judge grants a request for a continuance. If you need to request one, explain the reason in a letter to the Court. Valid reasons for a continuance could include illness and a scheduling conflict.

1 Answer | Asked in Uncategorized for Delaware on
Q: How do i look up a particular case in deleware's district court
Charles Snyderman
Charles Snyderman
answered on Feb 12, 2013

If the Court issued an opinion, use Google Scholar to find a copy. If the case is pending, try visiting the Clerk's office. If that is too inconvenient, you can look up a case using the Pacer system. You can read about the Pacer system on the Court's website.

1 Answer | Asked in Intellectual Property for Delaware on
Q: What was the reasoning in the svs vs card activation technology decision today?
Charles Snyderman
Charles Snyderman
answered on Feb 12, 2013

Did you read the decision? If so, what part don't you understand? The opinion is much too long for such a broad question.

1 Answer | Asked in Collections for Delaware on
Q: What is the time limit for debt collection? Can a bill collector collect a debt for another company 15 years old?
Charles Snyderman
Charles Snyderman
answered on Feb 12, 2013

Fifteen years is beyond the statute of limitations. Keep in mind that the statute of limitations does not prevent a creditor from suing you. Instead, the statute is a defense that you have to raise. If you get sued, contact an attorney immediately.

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: What type of cleaning is required in rental unit.

I own 2 weekly rental units in Dewey Beach & 1 unit was recently reserved. The renters walked in the unit 3 hrs early w/out permission. Renters said the oven looked old & they did not want to use it. I offered my other unit but stated it would be ready in a few hours. They accepted but... View More

Charles Snyderman
Charles Snyderman
answered on Feb 12, 2013

The answer to your question depends on what the lease says. Look at the lease or contact an attorney to review the lease and advise you.

1 Answer | Asked in Divorce for Delaware on
Q: What is divorce without ancillary matters
Charles Snyderman
Charles Snyderman
answered on Feb 12, 2013

A divorce dissolves the marriage. Ancillary matters that sometimes have to be resolved include dividing up property, awarding alimony, and deciding whether one party must pay the other party's costs and attorney's fees. A divorce without ancillary matters is the dissolution of the... View More

1 Answer | Asked in Uncategorized for Delaware on
Q: Can I look up criminal records in delaware much like pa's web docs online service?
Charles Snyderman
Charles Snyderman
answered on Feb 8, 2013

I don't practice criminal law, and so I don't know the answer. However, I suggest that you contact the Delaware Department of Justice and ask them your question. They will help you. Their website is www.attorneygeneral.Delaware.gov/

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 Elder Law for Delaware on
Q: What are my legal rights as a daughter with a aging father with dementia, Delaware
Charles Snyderman
Charles Snyderman
answered on Feb 8, 2013

This is an interesting area of the law, but you have not provided enough information. Please explain with greater detail what your concerns are.

1 Answer | Asked in Personal Injury for Delaware on
Q: Can I file a civil suit against a state university in federal court?
Charles Snyderman
Charles Snyderman
answered on Feb 3, 2013

It depends on whether the federal court has jurisdiction, for example, diversity of citizenship or a federal question.

1 Answer | Asked in Consumer Law for Delaware on
Q: DELAWARE -HANDYMAN CAME TO MY HOME AND DIDN'T COMPLETE 1 JOB & REFUSED TO RETURN MY $500 DEP. ON ANOTHER JOB. I'M 70 YR
Charles Snyderman
Charles Snyderman
answered on Feb 3, 2013

Contact the Delaware Attorney General's Consumer Fraud Division

http://attorneygeneral.delaware.gov/consumers/index.shtml

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: Can rule 60(b) be used to stop an eviction?

Can rule 60(b) be used to stop homeowner's eviction?

Charles Snyderman
Charles Snyderman
answered on Feb 1, 2013

If the requirements of Rule 60b) are met, the answer is yes, depending on how promptly the motion is filed.

1 Answer | Asked in Uncategorized for Delaware on
Q: Can a car be towed from a parking lot in Delaware where no sign is posted?
Charles Snyderman
Charles Snyderman
answered on Feb 1, 2013

I am not aware of any law requiring an owner to post a sign.

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