Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am very sorry for your situation.
In this case, you may have seek relief from the court, if she does not correct this issue. Allow me to explain.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one
cause of action, although it is not unusual to have more than one.
Here, there may be a cause of action for nuisance
and trespass to chattel
is a substantial and unreasonable interference with the plaintiff's use and enjoyment of his property. Silvester v. Spring Valley Country Club, 543 SE 2d 563 - SC: Court of Appeals 2001
.Trespass to chattel
is the damage/interference with your property by a third party.
One can request a specific performance
to have her ordered, possibly, to correct the issue.
Often, a letter threatening
such a suit is enough to have one acquiesce and agree to work things out to avoid a suit. An attorney's letter is recommended since it carries more gravitas. May I recommend the SC Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
Also, let me know if you need a sample letter.
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