Florida Breach Of Contract Legal Questions

No.  If you don't appear, you will lose by default and will not be able to raise the same issues again.  You may be able to disconinue the case without prejudice before the hearing, but if Florida is the same as New York, you would need the defendant's permission to do so.  Alternatively you can ask the Court to adjourn the case for a time to allow you to obtain the evidence you need.... Read More

What you should know is that absent a lawyer you are playing into the junk debt/zombie debt business model of litigaiton. They rely extensively on people who default or worse think they can self lawyer themselvesin court and usually lose terribly, to get judgments against people. If you being sued, and if you don't intend to pay them for whatever reason, you really need to retain alawyer to help you address this from the beginning.... Read More

I believe you may have a strong case. I have a few additional questions, however, to determine the strength of your claims. Do you have copy of your warranty? How many miles or years does your warranty cover? When you contacted Hyundai, was it via phone or letter/email?   Please email me, at your earliest convenience so we can discuss further: aric@aricwilliamslaw.com.   Thank you. ... Read More

You may have a strong case. I have a few additional questions, however, to determine the strength of your claims. When you made the loan, you had it put in a contract and both parties signed? Also, was the money for a business or for a religious institution/purpose? How man payment installments did they actually make in total? Lastly, were all the checks canceled or only a few of them?   Please email me, at your earliest convenience so we can discuss further: aric@aricwilliamslaw.com.   Thank you. ... Read More

Well, unfortunately this is not an uncommon situation.  It is possible that the contract is enforceable, but it is just as possible that there's room to get out of it.  Also, I can't tell from the description what they had you sign, but I'd be hard pressed to find a way for them to hold your signature against your mother-in-law.  Generally, I'd point you to the termination clause of the contract, but here it looks like there are a few auxillary issues present.  I would highly suggest that your mother-in-law have the contract reviewed by an attorney... and potentially hire an attorney to negotiate a way out.  ... Read More

Well, unfortunately based solely on your description, I don't see a clear-cut answer... but I do see a few 'maybe's.'  That is, the first issue I see is whether your $20k is actually an investment for stock/ownership in the company or whether it should actually be treated as a loan.  If it is an investment, the next turn is to look at whether there are any corporate documents like by-laws/operating agreements/shareholder agreements.  Those docs would dictate the proper procedure for withdrawing your investment.  If none exist, I'd head to the statutes, but I'd need more details.  Now, if, instead, it is a loan, I would say you are entitled to payment on the loan and generally loans aren't given at 0% interest.  With regard to the email correspondence in March of 2015, the may be enough to satisfy a written agreement.  However, whether the $20k is an investment or a loan is still very important because even if the agreement would prove enforceable, the distinction can make a big difference in payment.  I've seen these situations before and they can get very difficult if missteps are made.  I would highly suggest making an appointment with an attorney for a consultation - and bring any and all documentation you have to the consultation.... Read More

Sounds like you might have a breach of contract on your hands.  Contractor cases can be a little tricky - very fact specific.  I'd say you'd be well served having a consultation with an attorney (many offer free consultations).  To answer your questions specifically as to what kind - I would suggest a civil litigator/business litigator, ideally one that has dealt with construction issues. Make sure you have the contract and make sure you are documenting the timeline, result of communications, etc.  Sometimes these things are able to get back on track without the lawyers getting too involved, but sounds like you should at least know your legal options... and a consultation should get you there at least.... Read More

Not sure what your question is, but 20% interest a month (240% per year) is more than 10 times the amount of interest you can legally charge an individual in New York.  The legal interest rate may be  higher in Florida, but 240% a year seems way out of line.  You may not only have a problem enforcing your contract due to usury, you may be liable to repay all the interest paid to date, if not the principal, on the other illegal contracts.... Read More

So far the "self lawyering" has been the source of your problems to date. If this is really a significant business issue, then it would be significant enough to retain a lawyer to address in proper fashion. Otherwise what you describe is the typical "pissing contest" between former business associates over small financial issues that simply destroy an upstart business.... Read More

I almost want to say "you're kidding right?"but Ill give you the benefit of the doubt. So what would you have had the police do instead? Kick in the door and leave you with a large repair bill for the apartment? Thats the other option. Police don't need a search warrant to respond to a reported felony in progress with eye witnesses. The real  issue here is addressing this with your daughter about her forgetting her keys and the proper way to handle this in the future, like calling her parents to contact the management office to let her in or tocome home to let her in themselves.... Read More

Most likely no though if you handled this properly you might be entiled to lien that you could enforce. You need to contact a local business transactional lawyer and help you not have this in the future. If you have further questions, feel free to call out offices at 1-800-922-6442 for a FREE consultation.... Read More