Florida Recent Legal Answers from Lawyers

This is one the primary reasons to retain lawyers in business litigation cases. Too many people think that they can handle the legal decision making only to find that what seems like the right decision at the time is later revealed to be the opposite. In many commerical litigation cases such as described here, the litigant failed to realize that all a judgment effectively is - is a court blessed IOU - with the added benefit of being able to TRY to collect the funds using legal process such as garnishment, levy and liens. I emphasize the word TRY as for most small businesses, if the judgment is significant, they will typically simply fold the business or file bankruptcy, or make exhaustive efforts to hide assets, leaving the judgment creditor is a less than optimal position. In some cases is as simple as the judgement debtor abandoning the existing business and then simply starting a different one that is not affected by the judgment. If you truly expect to enforce a judgment you REALLY need to consider retaining a collection law firm to handle that for you as they can help you maximize the ability to actually collect the debt. To your question, you would have to go through the contempt process with the court to have the court compel a response to the "Fact Information Sheet." This is a very technical process that can be very frustrating as many judges have no interest in becoming a collection agency for commerical judgment creditors that refuse to hire thier own lawyers. ... Read More

Not sure what the question is as opposed to simply voicing a complaint. You're best bet is to retain a real estate lawyer to review your situation and direct any inquiry to them. This is likely the fact that your "overpayment" established the value of the property for taxes. The neighbor may be grandfathered in with a lower tax base. ... Read More

There is no means to answer this with the facts provided. If you have concerns try contacting local law enforcement or legal aid about whether they think you qualify for a restraining order. That said, while you might be able to have him removed from the property for a short period of time, unless he is incarcerated, he may ultimately be able to return to the property because he is an equal owner of the property. You might want to discuss either buying his interest inte the trailer or possible selling yours to him, or selling in general and spliting the profits - so that you can each find a place to live away from each other. ... Read More

Citing California state law rulings 3000 miles away, from 1946,  is rarely of consequence in another state. That said, you will need to immediately retain a real estate lawyer to address any access issues required for maintenance of the A/C units on the roof, if there is a controversy over maintence access. As a general rule, you will not be allowed on the roof for liability reasons nor to service your own A/C unit for the some of the same reasons and often public health issues associated with freon or R410 handling.... Read More

NO way to tell. What is clear is that unless you can ID the people and prove it was thier dog, its impossible to hold "them" responsible. You may have to spend money on a lawyer to sue and try to depose your neighbor to see if they will disclose the ID of the "freind." There also may be issues if BOTH dogs were not on a leash. ... Read More

Possible? Sure, if they claim that you were negligent and somehow caused the company a loss of revenue due to the employees injury. That seems far fetched from the facts you are describing. I would report this to your homeowners insurer and see if they will cover it or at least provide a defense lawyer to to respond. Otherwise, you will likely need to spend some money on a civil trial lawyer to address this issue directly. There seems to be something missing here that a contractor is just randomly demanding $15,000.00 + medical bills for an "employee" that doesn't seem to have done much damage wise.... Read More

Impossible to tell from the facts provided as you seem in one part to state this is a storm damage issue and then in the other claim it was caused by contractors. What is clear, however, is that if the repair cost is $500.00 it is not likely productive to retain a lawyer to intervene as it will likely cost more than the amount in dispute. No harm in calling "property damage" lawyers to see if there are any angles that might get them onboard such an insurance claim or such. ... Read More

  I am sorry to hear about your injury and hope that you recover fully. More facts are needed as well as evidence preservation which can be discussed in consultation with a Personal Injury attorney who can investigate this matter on your behalf and determine all possible responsible parties rather attempting to pursue this on your own. An experienced professional can guide and advise you and evaluate your claim. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. Do not delay so as not to prejudice your rights.... Read More

You will need to retain a lawyer to examine this and see if there are any pending or viable class claims for this issue. As I understand it, this was all made public and the EPA took action 20+ years ago, so much of this issue revolves around your age now and when you were there. A toddler or an adult reference does nothing to establish the dates at issue. Use the find a lawyer feature for that purpose. ... Read More

No way to answer such a question without ALL of the details involved including what the obligations of the PM were. That said is rare that a PM will agree to be financially responsible for cleaning and repairs as that essentially places them in the defacto position of a "subletter" and can result in a zero or negative profit situation depending on the property and tenant. Here it seems you indicate that the PM was somehow obligated to pay for the repairs, etc. as opposed to pass the info on to you for you to pay for them. I point this out because some of what you describe might be a financial wash......You will likely need to retain a lawyer to address this properly which might not be viable for a $3-4k dispute. For furture reference  - this is EXACTLY why written contracts are so important. ... Read More

No way to tell without reviewing the contract terms or policies of the facility. Many "registration fees" for such facilities are non-refundable for (a) to cover admin costs and (b) to deter parents from reserving one spot and then go shopping for others, leaving the facility with the expense and effort of finding another child to fill the slot. By example here, it seems the facility was provided less than 2 weeks notice and that might also be an issue. Depending on the amount at issue, it may or may not be worth the expense. ... Read More

First, understand that "duress" does not mean simply that you did not want to sign the note or that you felt personally compelled because they gave you an ultimatum.  Second, unless you fraudulently incurred the debt, the creditor can not "charge" you with anything.  All they can do is sue you for the debt.... Read More

Your post is a bit confusing as it would make no sense that your existing finance company for the the motorcycle would have a bad SSN caused by the new seller. If there is a wrong SSN on the new contract, that should be easily addressed by bringing this to the attention of the seller and the new lender for the HRV. If this continues unresolved you will likely need to spend the money to hire a lawyer and can use the find a lawyer feature for that.... Read More

This depends on the terms of the contract and the MHP rules. An "open ended" lease is often a month to month rental and subject to termination or change on a monthly basis at the whim of the MHP management. The exception is if you own the trailer and the MHP is coverd under Fla. Stat. 723 as opposed to simply renting a trailer in a MHP which is covered under Fla. Stat. 83. Understand that if you have a MTM rental under Fla. Stat. 83, the fact that you cannot afford the raised rent or to move is not a concern for the MHP management, and non-payment is a basis for eviction. You might want to see if local legal aid is able to assist you.... Read More

Legally? Sure, you can try. Practically? Not unless you can prove they owed you a legal duty to protect your car. The big mistake here is not insuring the car. You will need to spend money out of pocket, most likely, to retain a lawyer to review this and see what if anything can be done. ... Read More