Florida Business Litigation Legal Questions

Based on how you present the facts, its virtually  impossible to determine what the issue is other than you are wanting them to return $2,000.00 to you because of something to do with an auto payment. You will likely need to speak directly with a lawyer to explain the issue or possbly repost the issue and explain it clear and understandable terms. If this is about an overpayment, in many instances the overpayment is simply applied as a credit to your account. If THEY took out extra money they should not have via ETF, then you might have a different issue to address. ... Read Answer

As I understand it, you co-signed on a loan for your son's friend.  Friend sold the trailer and skipped town with the money.  Do I have the story straight? First off, if you know where the trailer is, contact the lender and tell them to reposes the trailer. Secondly, contact volunteer lawyers project or another non-profit in your area.  Unless you can pay a lawyer out of pocket, you will need a volunteer lawyer.... Read Answer

No - there is no case here based on the facts p[rovided nor "racism" based solely on the melanin content of the parties. In the future, its ALWAY a good idea to return to the person you prepaid for the items to show them what you got. There are many people people that pre-pay for such items and then rather than 10 bags take 12. Equally - there should have been no need to "get a manager" or review cameras, as all that would have been necessary was to produce the receipt he was provided when he pre-paid for the items. ... Read Answer

Your post is confusing as on one hand you complain that the conditions are intolerable and the landlord refuses to make repairs and then it seems refuse to leave and want to defend an eviction which would result in your removal from the property and demand the right to stay in such conditions. Your best bet is to retain a lawyer, possibly through legal aid if eligible, to negotiate a lease termination and relocate. ... Read Answer

Unfortunately, as with many issues regarding construction contracts, many of the rights and remedies of the homeowner are derived from the written terms and conditions of the agreement itself, rather from any statutory or regulatory authority. In very general terms, Florida law provides for a further regulatory scheme regarding construction "defects" that may well apply to this situation.  Furthermore, Florida law does regulate the construction trade, and a failure to complete work, may, and I stress may, give rise to a claim of abandonment under Chapter 489.  If the fence contractor failed to provide the work as was promised in the contract or complete the job, there may well be claims for breach of contract.   At the end of the day, anything more than the most general of comments as to constructuction disputes requires actual review of the written agreement together an analysis of the very specific facts and whether or not claims for breach are worth pursuing.  For instance, it might be difficult to prove damages resulting from a minor deviation from specified materials that does not affect the appearance or functionality of the fence.   Given the total amount of the fence contract, it would certainly be prudent to at least consult with experienced construction law counsel in your area.  I wish you luck.... Read Answer

You will need to retain a lawyer to advise you in this regard. Absent a lawyer telling you OK - republishing alleged defamatory statements after being sued for them is rarely a good idea. Bear in mind that your subjective declaration that "its all true" and "I can back up" is not the benchmark for winning or losing in court. I would suggest you retain a defense lawyer ASAP especially if this is a Federal Court case. ... Read Answer

This is a finanical problem not a legal one. Lenders are not typically obligated to negotiate your payment terms after the fact simply because you claim the price is too high. I will defer to your current lawyer as to what rights you do or don't have. That said, you may have to bite the bullet and sell the home, while the market is positive, to get out from under a financial deal you cannot sustain. The notion of "want" vs proper financial decision making is the bitter pill to swallow, but you are now going on 7 years removed from the loss of employment event and still have not recovered. Moreover, you will need to weigh the fact that a decent rental of a one bedroom 1 bath apartment will likely cost you the same as your mortgage payment so that becomes a factor in your decision making also. The notion that you cannot find a PT job is simply untenable as there are literally thousands of them available in any decent sized municiple area, not to mention the tens of thousands of work at home jobs or even ride share driving like Uber. You simply need to find more money even if that means changing jobs to something that pays more. ... Read Answer

There is never an entitlement to use credit cards for payment and tow services routinely refuse them to avodi "the chargeback game" where people pay with a CC, get the vehicle released and then try to cancel the payment. Whats missing from these facts WHY was your car getting towed, as this sounds more like a repo issue not a towing. If this is some attempt to describe a predatory towing incident, you may have to decide if you want to spend the money suing them if alw enforcement won't intervene. ... Read Answer

Not on those facts. This is a contract issue and starts with hiring a lawyer to review the contract. There is also a reason why the manufacturer is refusing to re-side it or that you have opted to contact a third party siding company and those facts are critical to such an assessment. You will need to retain a lawyer ASAP before you do anything further. ... Read Answer

Not on those facts. Unless there is some written guarantee of no crime, the gates have nothing to do with criminal access, and there is no responisbility to protect you from theives. Your remedy is to move elsewhere to a better apartment complex when your lease is up. You need to secure your property in the meantime. ... Read Answer

There is no such thing as a pre-litigation notice provided to a judge. There is a lawsuit or there is not. This sounds like there is a lawsuit filed. You need to retain a lawyer ASAP to address this regardless. Depending on what you actually stated, there may be several remedies that might be available to "nip this in the bud" but they must be handled by a lawyer to be effective. Ignoring legal notices from lawyers is NOT a meaningful means to resolve such issues, as you now see. ... Read Answer

Sure, the REAL issue is whether it is worth the legal expense to do so. You might be better served at this point starting with a "demand letter" from a lawyer to see whether that sparks a response which is the most economical response. Litigation is expensive and may not yeild a positive result given the amounts at issue and the nature of your claims for a variety of reasons. Most of the time "consequential" damages are not recoverable in contract breach cases - meaning your decision to postpone the grand opening is your decision and not one you can recover from the vendor for unless you have a contract that allows for such damages, which in such circumstances is unlikely. ... Read Answer

You will need to retain a lawyer at some expense to intervene. If you can't afford to do that, there is no real remedy here as you should have made a better effort to have been out of the property once you leared she was having an estate sale, and selling tghe property. Its possible that there might be an insurance claim - but that presumes there is coverage for the landlord tenant issues - and it sounds like this was a room rental in an elderly persons home.... Read Answer

This is none of the above. At best it was a Hatfields v. McCoys battle and otherwise a potential simple battery case. Its noted that you omit what the question is and why he "snapped". That stated, this new found notion of whipping out a cell phone to "take a video" is both absurd and provocative typically escalating the situation unnecessarily. You should have gone into your house and called the police after the first touching. Otherwise this becomes a selective recording issue and recording a mutual argument can actually cause this to be mutual combat where BOTH parties are arrested. That the spouse didn't feel the need to call for help but opted to make a cell phone recording simply adds to the allegations of "set up" by the other side. If you have such a neighbor, this is a good time to get security cameras installed around the house that passively record anything on your property. You will likely need to retain a lawyer to sue for a retraining order and likely to respond to any further escalation of the controversy.... Read Answer