Florida Civil Litigation Legal Questions

You are likely barking up the wrong tree. It is no one's responsbility other than your own to defend your interests in a law suit. Simply throwing out the "notice" of "It waddn't me!" like bad Shaggy video is not the proper means to address this. If you are the wrong party,and named individually, you retain legal counsel, make appropriate motions or raise defenses, and ask the court to dismiss you as a party in proper fashion. IF you expect the Plainitff will refuse, then your lawyer can take steps to "set them up" so the speak for sanctions or later your malicious prosecution type claims. YOu can't file an MP case while you are still an active party to the action. ... Read More

If the vehicle is not in your name or responsibility, hire a tow truck and have it towed to a local wells fargo bank parking lot and send them a certified letter saying here is your car. If the issue goes beyond that, you willsimply need to retain a lawyer to interene if thy are not cooperating. ... Read More

At this point, you have requested an extension of time. So the opposing party can't get a clerk's default (guessing that you filed the extension versus asked the other attorney for an extension). A clerk's default is available if you didn't file any pleadings or papers within the time provided to provide a responsive pleading (generally 20 days from the date of service in a civil action).  Operating on the assumption you filed something, the other side would have to move for default before the court. Meaning, they have to set a hearing before the judge. Given you are pro se, the other attorney will most likely set the motion for hearing and provide you a notice of the date and time. Depending on the court (circuit versus county, and what jurisdiction), getting available hearing time can take anywhere from a few days to a few weeks, to more than a month to get a hearing (hearings in places like Sarasota don't take nearly as long as somewhere like Miami).  You are able to respond yourself, but I would strongly advise you against doing so. There may be legal defenses, or counterclaims that you may not know about. It's not a matter of being smart. It's simply knowing the law and having experience in the court system. Be advised, that if you do nothing and a default is entered, it is difficult to set the default aside. Additionally, the entry of a default means that you have admitted the allegations in the complaint. The other side can then move to start collecting on their judgment. That means they can demand that you fill out a Form 1.977, which details all of your financial information (bank accounts etc). Then they can move toward taking your assets to satisfy their judgment. Obviously, there are a lot of contingencies between now and then, but as my colleague stated, you should have an attorney look at what you have in order to point you in the right direction, whether you intend to continue pro se or hire counsel. ... Read More

You need to file a claim against your boyfriend's dad in circuit court. You may have a claim breach of contract (as well as potential other claims depending on the facts of your case) for his failure to pay back the promissory note. Obviously, the specific facts of your case will control what, if any, claims can be filed. If you are successful and you get a judgment, then you can move toward collecting on that amount.  If you file the action (or get a judgment) and he files bankruptcy, then you would need to file a claim in his bankruptcy case called an Adversary Proceeding. In the AP you would have to prove a claim like fraud (or another claim allowed under the bankruptcy code) in order to prevent the debt from being discharged (e.g. forgiven). AP's are difficult though. Just because you have a claim does not mean you will have a successful AP. When you start litigating in bankruptcy court it is imperative that you have competent counsel.  Given that you are out over $60,000.00 (assuming interest is also owed), it is probably worth you seeking legal counsel to help you start the process. ... Read More

any personal injury lawyer can handle this. You should expect lots of declinations for representation as it appears there are no real damages and certainly none to warrant a contingent legal fee. That stated you will need to be prepared to pay for a lawyer out of pocket to prosecute a civil claim. ... Read More

Part of this is your fault for driving a car if you knew it had saftey issues, part of this is your fault because I suspect DRIVER error is going to be a big issue in relation to a single vehicle ccident as the likelihood of BOTH powersteering AND braking failures occuring at the same time will be VERY VERY slim. Part of the accident and damages could be the dealers fault IF you can show that he lied to you in violation of Fla. Stat. 501.976. There are MANY issues here that need to be reviewed by a lawyer. ... Read More