Florida Breach Of Contract Legal Questions

Unless you have a contract providing you with the right to place a lien on his house even before you have won your dispute, you can't do so until and unless you have sued and obtained judgment in your favor.  From your question I can tell that you will have several obstacles to overcome in order to prevail in such a suit.  First, the statute of limitations.  By your account, the first breach occurred more than a decade ago, well beyond the statute of limitations for a breach of contract claim.  You contend that the contract was modified, apparently orally, and you agreed to defer interest payments,so that the breach didn't occur until you weren't paid after sale.  While this may be true, I'm not sure you can prove it, and it is likely that your written contract, if it was drafted by an attorney, provides that it can't be modified orally.   Also, if the transaction is treated as a loan, rather than an investment (which seems likely; investments can be lost if the business does poorly, but allow you to share in the profits if the business does well - since there doesn't seem to be any risk of loss here, it looks like a loan to me) the 4% of gross sales  is likely to be considered interest.  If so, unless gross sales are very small compared to the amount of the loan, this amount is likely to be above the legal limit for interest.  It is not legal to charge any interest you want, for example the limit for interest charged against an individual in NY is 16% annually; I don't know what it is in Florida.  Another issue is who was responsible for repaying you, your friend or his business.  If it was his business, and the business is an entity (e.g. a corporation or an llc), your friend is not, on the face of it, PERSONALLY liable for the interest payments, the entity is, and if the entity has no money, you're out of luck.  You can't satisfy your claim against the entity from your friend's PERSONAL assets, although there are exceptions which allow you to "pierce the corporate veil", and I don't know enough facts to know if you have any chance to do that.  Finally, when you accepted the check for the principal, did you reserve any rights to claim the rest?  If not you may (I emphasisze may) have waived your right to claim more.... Read More

THere is no such thing as a private txt or facebook message. At best, if you can show they are clergy related txt's where you are a member, there might be a privilge issue therethat your family law lawyer can address. Otherwise, you are simply telling your ex's dad things and have no expectation of privacy in doing so. ... Read More

Nothing - he is on the lease and you have no right to touch his things. You may want to hire a lawyer to address this properly since you have already gone an exposed yourself to a lawsuit from the new room mate, whcih, BTW you can't authorize to move in anyway as only the LL can do that. ... Read More

Unfortunately, thats just poor buiness decision making on your husbands part. There is no reason he should be doing such work and not making sure he gets paid, especially if you claim the lackof payment caused all the results you described. Your husbands shoul dhave had he sense to stop work if payments weren't made or to make a better deal if he agreed to work three months and get paid in the end. He has the right to sue the owner BUT sounds like he can't afford a lawyer to pursue it so its a catch 22. ... Read More

Seriously? If you REALLY think that is how car financing works you need to make sure you buy no more cars until you get a proper education and information in that regard. You aren't supposed to be ANY days late on a financing agreement, ever, period. You will need to hire a lawyer immediately, and sadly at some significant expense, to review this transactin and see what actually happened. ... Read More

If you want to FUND such an action, which will cost you quite a bit, to make a point, its possible to find some legal vehicle to address this at least at a base level. If you are just another angry politico looking for some lawyer to take your case on a contingent fee so you can rail against the system using the courts as a personal blog site, you won't lilely find anyone interested. Lawyers won't waste thier time on such issues if they aren't getting paid, candidly. You may want to Googe the ACLJ, American Center for Law and Justice and contrbute the them as an alternative. ... Read More