Florida Civil Litigation Legal Questions

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473 legal questions have been posted about civil litigation by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include litigation, complex litigation, and complex and multi-district litigation. All topics and other states can be accessed in the dropdowns below.
Florida Civil Litigation Questions & Legal Answers - Page 14
Do you have any Florida Civil Litigation questions page 14 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 473 previously answered Florida Civil Litigation questions.

Recent Legal Answers

Strong and amazing parents or being an amazing teacher is simply not the standard here. Anytime you expect to sue an governmental entity to make them do "thier job" and hold to them to a self aggrandzied standard of "amazing", you can expect there to be a great deal of dissention and controversy. All this translating into an exhorbitant amount of money spent on legal fees and expenses committed to that fight. If you have the resources to spend tens of thousands of dollars in such an endeavor then you simply need to retain counsel and get to it, knowing however, that such cases are extremely high risk and very expensive.  Otherwise, you will have to pick and choose your fights or find other means of dispute resolution on such issues. ... Read More
Strong and amazing parents or being an amazing teacher is simply not the standard here. Anytime you expect to sue an governmental entity to make them... Read More
A civil lawyer that handles defamation/tortious interference lawsuits. We handle them, typically for the Plaintiff but sometimes the defense (if its a consumer), however these are all hourly rate retainer cases. I can tell you that hiring a lawyer to address the issue early, even before a lawsuit is filed, is often by far cheaper as it helps o de-escalate such cases if possible in the early phases or to prepare to defend them otherwise. ... Read More
A civil lawyer that handles defamation/tortious interference lawsuits. We handle them, typically for the Plaintiff but sometimes the defense (if its... Read More
The TRO is not the issue its the relationship with the neighbor. You need to get that sorted out as this is an obviously escalating issue woth BOTH sides crying victim and the other is the bad guy and may need to retain counsel to address this properly. 
The TRO is not the issue its the relationship with the neighbor. You need to get that sorted out as this is an obviously escalating issue woth BOTH... Read More

Wage Garnishments

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Wouldn't bother, as if the debtor does have exemption, you will have to return all the money anyways. You'll just have to wait and attend the rescheduled hearing. 
Wouldn't bother, as if the debtor does have exemption, you will have to return all the money anyways. You'll just have to wait and attend the... Read More
"Do we have any rights to let the school know that we feel they were negligent in not following up and helping our daughter."...YOU are her parents, NOT the school. Schools are there to educate your child,  why would you expect the school be obligated to parent and care for your child on such an issue? You can ask if they have some programs or accomodations that she may be eligible for if she has a medical/phych condition, but I see no negligence on the part of the school under the facts described. That stated, I would encourage BOTH you and your child secure appropriate counseling as your question suggests that some guidance on proper parenting not freinding, accepting and implementing parental responsibiity and dealing with children and thier use and interaction on the internet would be helpful in addition to helping your child deal with the life lessons of dealing with mean people and developing coping skills and self confidence to ignore them. ... Read More
"Do we have any rights to let the school know that we feel they were negligent in not following up and helping our daughter."...YOU are her parents,... Read More

i need to find a attorney near jacksonville FL

Answered 8 years and 10 months ago by attorney Stephen Arnold Black   |   1 Answer
most attys give free consultations
most attys give free consultations
This question simply makes no sense, especially in regard to your checks being overdrawn, as it is CLEARLY not the shops fault that has occurred. You might want to hire a lawyer to deal with this but you will likely spend more thanyou have on the engine replacement. Unfortunately, this is what you have to plan for when you go to a shadetree mechanic looking for work on the cheap. This time the attempt tosave money may simply have backfired. ... Read More
This question simply makes no sense, especially in regard to your checks being overdrawn, as it is CLEARLY not the shops fault that has occurred. You... Read More

what is the statute of limitations on thief in Florida?

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
It won't really matter what the SOL is now regardless of the "cause of action" or criminal violation as too much time has passed at this point. Absent a video taped theft or enforceable confession actually proving such an event 3 years later is likely a gigantic waste of time and money since you didn't take action when you shoud have. You may need to purse a TRO or some form of injuective relief at this point, though it will be at some legal expense. This sounds like a "hatfieds and mccoys" type of case and they can be very expensive. ... Read More
It won't really matter what the SOL is now regardless of the "cause of action" or criminal violation as too much time has passed at this point.... Read More
Not sure what the question is but lawyers are allowed in small claims court.
Not sure what the question is but lawyers are allowed in small claims court.

How do i negotiate a payment plan for an old judgement?

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You are asking the wrong people - you need to ask the other party what THEY wull accept. They are NOT required to make a payment plan at all so thats your starting point. 
You are asking the wrong people - you need to ask the other party what THEY wull accept. They are NOT required to make a payment plan at all so thats... Read More
The lawyer is not being super responsive because you are likely not paying him at a value for that and it sounds like the legal defense you havepaid for is simply to buy time due to the presence of the lawyer not his actual legal work effort. Obviously, if you are unhappy with the lawyers work effort you can always hire a new one an do what you think needs to be done, as long you can support the expense. ... Read More
The lawyer is not being super responsive because you are likely not paying him at a value for that and it sounds like the legal defense you havepaid... Read More
We can certainly help you on this issue as a consumer trial lawyers. However, as you already likely know, this is NOT a contigent fee case and you will need to retain a lawyer on an hourly rate/retainer basis. Depending on the amount lent, this may or may not be practical and you need to get on this ASAP as you may well have a statute of limitations problem to contend with soon if not already. ... Read More
We can certainly help you on this issue as a consumer trial lawyers. However, as you already likely know, this is NOT a contigent fee case and you... Read More
Sadly, other than legal aid, its not likely to happen as to contingent fee lawyer (no means to get paid for work) or pro-bono as there are likely other people with far more pressing issues for the limited pro-bono work lawyers provide. Absent some other change you will need to follow the most recent or the "effective" ruling and go from there. If you cannot abide the court ruling for some reason, then you should find the means to hire a bankruptcy lawyer or a consumer lawyer to address the issues.... Read More
Sadly, other than legal aid, its not likely to happen as to contingent fee lawyer (no means to get paid for work) or pro-bono as there are likely... Read More

Need helpmotorcycle repair businessScheme to defraud

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Its already out of hand. Unfortunately, this was horrible handled by you and you will likely needto spend more money out of pocket to address this. It is unlikely this is a "fraud" case as it would be slowest worst fraud scheme I have ever seen where you allow this to go on for 3 years and do nothing about it. ... Read More
Its already out of hand. Unfortunately, this was horrible handled by you and you will likely needto spend more money out of pocket to address this.... Read More
Unless your ex has meaningful assets or has a liability insurance policy that may cover the damages from this incident, then it may be difficult to find counsel that will take your case on a contingency basis
Unless your ex has meaningful assets or has a liability insurance policy that may cover the damages from this incident, then it may be difficult to... Read More
"I would like to know if I have a case to counter sue for deformation of my child character"  No, simply disagreeing with a set of facts does NOT give rise to a lawsuit for defamation, nor any other legal remedy. In similar fashion your son's version of facts vs. the other childs does little as does hers in reverse. If there is legitimate expecation of criminal charges being filed there are clearly added facts missing that have to be addressed. You probably need to retain a criminal lawyer at this point to intervene to address this issue. Unfortunately, this is the by product of the indoctrination goin on in the education system,where everyone is trained to be a professional victim, from all angles, and you just have to handle it from that perspective as frustrating as that may be. ... Read More
"I would like to know if I have a case to counter sue for deformation of my child character"  No, simply disagreeing with a set of facts does... Read More
Yes. They are allowedby statute to show the place even if you are still in possession. They have to be reasonable and provide notice. 
Yes. They are allowedby statute to show the place even if you are still in possession. They have to be reasonable and provide notice. 
Of course you can sue him if the allegations are proven true in court, but is he collectible? Does he have any assets or Insurance that would cover your court judgment?
Of course you can sue him if the allegations are proven true in court, but is he collectible? Does he have any assets or Insurance that would cover... Read More
"I am looking for a civil lawyer to repesent me that doesnt cost alot".....there simply is no such thing. In litigation you typically get what you pay for at a basic level. If you are being sued you simply will need to hire a lawyer to keep things from getting out of hand. 
"I am looking for a civil lawyer to repesent me that doesnt cost alot".....there simply is no such thing. In litigation you typically get what... Read More
You will need to establish a probate estate and deal with this as the PR. Contact and retain a probate lawyer ASAP. 
You will need to establish a probate estate and deal with this as the PR. Contact and retain a probate lawyer ASAP. 
"This delay was not due to any fault of the plaintiff - me." Sure it was - as the Plaintiff its YOUR obligation to move the case foward. 
"This delay was not due to any fault of the plaintiff - me." Sure it was - as the Plaintiff its YOUR obligation to move the case foward. 
highly unlikely to get a lawyer to work for free
highly unlikely to get a lawyer to work for free
Possibly. You may also want to consider whether your have a homeowners insurance claim also. 
Possibly. You may also want to consider whether your have a homeowners insurance claim also. 
The problem here is the financial issues. While this may run afoul of things like FLa. Stat. 501.976, the expense of such litigation over a $2,500.00 vehicle is simply not cost effective. You can try making a complaint with the Florida DMV, or the Attorney General, but as a rule, they will view this as an individual contract issue and tell you to hire a civil lawyer. In the future, you need to be more discriminating about what you spend your money on and if the only car you can afford is a $2,500.00 car, that you cant afford to fix on your own, unfortunately, you really need to rethink your ability to afford a car in the first place and redirect your finances and living circumstances around that fact. ... Read More
The problem here is the financial issues. While this may run afoul of things like FLa. Stat. 501.976, the expense of such litigation over a $2,500.00... Read More

Do I need a lawyer to challenge a hospital with neglect.

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There is no case on the facts presented so no. 
There is no case on the facts presented so no.