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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 7
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Civil Litigation
Florida

Recent Legal Answers

Incarcerated loved one is being sued - what are his next steps?

Answered 7 years and 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There is not likely a 5th amendment privilege when convicted of the crime on which the lawsuit is based as a defense to being sued. Though you say there were "no injuries" that does not account the potential of emotional distress injuries if the Plaintiff was a victim in the robbery event. That stated, yes, one can sue an incarerated individual, its just not financially productive to do so but may be legally necessary. ... Read More
There is not likely a 5th amendment privilege when convicted of the crime on which the lawsuit is based as a defense to being sued. Though you say... Read More

Car illegally towed

Answered 7 years and 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yep - you can't park cars on the street with no tag for an extended period of time and expect different. "Was selling" is not the same thing as "sold" so you shoul dhave keep possession of the car until it was paid for and title transferred. YOu need to go get it out of impound before they jack up staorage fees, ... Read More
Yep - you can't park cars on the street with no tag for an extended period of time and expect different. "Was selling" is not the same thing as... Read More

How do I respond to a Civil Lawsuit against me?

Answered 7 years and 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
"Iwill be hiring an attorney" is like saying "Just lemme cut my childs abdomen open with a box cutter and a swig of whiskey first, then I will be hiring a surgeon"......You have this reversed, you need to retain a tenant lawyer BEFORE you respond to anything unless you just feel the need to pay lawyers as expensive shoulders cry on later when they try to fix the damage you do. Starting with there is no 30 days alloted to respond to a Complaint. YOu need to retain a tenant lawyer now if you expect to fight this at all. Good news if if you win Fla. Stat. 83.48 provides for you to get your legal fees reimbursed. ... Read More
"Iwill be hiring an attorney" is like saying "Just lemme cut my childs abdomen open with a box cutter and a swig of whiskey first, then I will be... Read More

My Ex Wife and I sign a Quit Claim to add Her to the ownership of my House Friday Nov. 9, 2018 Can I get that cancelled or reversed?

Answered 7 years and 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Hopefully you have it and havent recorded it. Regardless, you got suckered and this is exactly why you will need to hire a lawyer to review this and figure out how much damage you did. 
Hopefully you have it and havent recorded it. Regardless, you got suckered and this is exactly why you will need to hire a lawyer to review this and... Read More

Recourse for Lennar homes damaging my propery

Answered 7 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This is just a matter of whether you want to start a fight that may cost thousands of dollars to litigate. If you do, NOW is the time to lawyer up and address such things. 
This is just a matter of whether you want to start a fight that may cost thousands of dollars to litigate. If you do, NOW is the time to lawyer up... Read More

Severe unethical practice by a CO-Op and their counsel

Answered 7 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sorry, lawyers dont "fight for legacy" unless you are paying legal fees in advance and that is your goal. Otherwise, on a contingent fee whwere you dont pay upfront, lawyer fight to compensation and only on cases they know they will win and recover money on. . Unfortunately, the facts you described don't support a contingent fee type case. I fyou want to pursue this properly you will need to be prepared hire a lawyer on a retainer basis unfortuately. ... Read More
Sorry, lawyers dont "fight for legacy" unless you are paying legal fees in advance and that is your goal. Otherwise, on a contingent fee whwere you... Read More

need to find a lawer to sue family menber for law school loan, thats miami but has office in orlando fla too

Answered 7 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You can't sue someone for another unless htere is a power of attorney or legal guardianship. This would likely be a very expensive proposition with low liklihood of actual recovery though there may be a legal right to pursue the issue on principle. If you wish to pusue this further please feel free to call out office at 813-243-9233... Read More
You can't sue someone for another unless htere is a power of attorney or legal guardianship. This would likely be a very expensive proposition with... Read More

How long by law do I have the right to stay on the property until I found a new rent?

Answered 7 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Depemds on the terms of the HAP agreement. If you are a month to month tenant, theyprovided you the 15 days written notice to terminate your tenancy, and absent a HAP term otherwise, you are now a hold over tenant and subjectto eviction. Ask your Sec. 8 liason as to what your rightsand the landlord obligations are. ... Read More
Depemds on the terms of the HAP agreement. If you are a month to month tenant, theyprovided you the 15 days written notice to terminate your tenancy,... Read More

How can I recoop my retirement money from my daughter who borrowed $70,000 to pay off credit cards so she could get a mortgage 15 years ago.

Answered 7 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sorry - this is what happens when you loan someone so much money and spend nothing on legal advice to protect yourself. There are simply to many issues that will prevent you from recovering your money starting with statutes of frauds and limitations. 
Sorry - this is what happens when you loan someone so much money and spend nothing on legal advice to protect yourself. There are simply to many... Read More

My Girlfriend and I were pulled over under false pretenses for a traffic citation in Volusia County FL, and harrased by a officer. Civil Case?

Answered 7 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not particularly, unless this was documented by video or on a body cam, and hopefully neither of you have prior drug issues. Otherwise claiming the tag light was not out when the officer says it was, while a basis to fight the ticket is a far different issues to claim some 1983 type claim.
Not particularly, unless this was documented by video or on a body cam, and hopefully neither of you have prior drug issues. Otherwise claiming the... Read More

If my property manager didn't pay me the rent he collected or my condo fees because he says he was robbed,do I file a police report on him? $3185 gone

Answered 7 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You may want to involve law enforcement but understand that youcannot have a property manager for rental properties that is not a licensed real estate broker to start with. THIS is why. 
You may want to involve law enforcement but understand that youcannot have a property manager for rental properties that is not a licensed real... Read More

a gal told me she couldnt commicate with me. thn she typed my name into linkedn viewed my profile. I respnded politely. Polic called me, i was set up

Answered 7 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
First, you will need to HIRE a lawyer to address these issues. Second, you will need to tell the lawyer the FULL truth not the junk version posted here. Police dont intervene unless there are stalking type issues and the fact that you blame everyone else for damaging your marriage when YOU were the one engaging in the improper conduct suggests that there is a huge amount of denial that needs to be addressed in order to get this issue under control. Hire a ;awyer in yor area to adress this ASAP. ... Read More
First, you will need to HIRE a lawyer to address these issues. Second, you will need to tell the lawyer the FULL truth not the junk version posted... Read More

Bounced check/ loss of vehicle

Answered 7 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Probably can't as the buyer is like a BFP or bona fide purchaser. Your remedy is likely suing the dealership.
Probably can't as the buyer is like a BFP or bona fide purchaser. Your remedy is likely suing the dealership.

Sold my truck using exotic motorcars, the check bounced, I am out $38000 , the dealership owner has been arrested, How can I get my truck back???

Answered 7 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You probably wont....your primary remedy will be suing the dealer for damages The buyer is likely whats called a bona fide purchaser for value an may have good title.
You probably wont....your primary remedy will be suing the dealer for damages The buyer is likely whats called a bona fide purchaser for value an may... Read More

What do I do when my landlord shuts off my power

Answered 7 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This can be a violation of Fla. Stat. 83.67. You need to retain a lawyer ASAP to address this. 
This can be a violation of Fla. Stat. 83.67. You need to retain a lawyer ASAP to address this. 

Small claims court motion to set aside final judgment.

Answered 7 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This is why you need lawyers in court proceedings...period. You need to hire a lawyer ASAP now. 
This is why you need lawyers in court proceedings...period. You need to hire a lawyer ASAP now. 

My $30,000.00 tennis bracelet was stolen. Can I sue jewelry store that bought it, broke it up and and sold it 4 days later.

Answered 7 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
if you followed the provisions of Fla. Stat. 539. You might have a claim for damages against the pawn broker. 
if you followed the provisions of Fla. Stat. 539. You might have a claim for damages against the pawn broker. 

if You don’t sign a subpoena to testify so you still have to appear?

Answered 7 years and 7 months ago by attorney Bruce Robins   |   1 Answer
If you are served with a valid subpoena, you have to honor it.  There would be no reason why you would have to sign it (other than perhaps as proof of service, but that can be accomplished by the affidavit/testimony of the person who serves you.)
If you are served with a valid subpoena, you have to honor it.  There would be no reason why you would have to sign it (other than perhaps as... Read More

Can i sue for wrongful seizure of a motor vehicle by the police department if so that's my lawsuit

Answered 7 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This does not describe wrong seizure of the vehicle. Presumably there was somthing you were charged with that implicted the vehicle. You will need to talk to your crimnal lawyer first about such a case. 
This does not describe wrong seizure of the vehicle. Presumably there was somthing you were charged with that implicted the vehicle. You will need to... Read More

2nd floor Condo owner

Answered 7 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You would lilkely need to retain a lawyer to sue your insurance carrier over the cost of the repairs if they wont pay a fair value as required under the policy. 
You would lilkely need to retain a lawyer to sue your insurance carrier over the cost of the repairs if they wont pay a fair value as required under... Read More

What's, someone that i know gave me money to trade on the forex markets, i lost the money and now he is sending me a detective what i can do ?

Answered 7 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Probably because you were acting as an unlicesned investment broker? People are regulated in that industry to keep others from being preyed upon by incomeptent or unscrupulous investors that lose thier money. You to retain a crimnal lawyer ASAP BEFORE you speak to anyone. 
Probably because you were acting as an unlicesned investment broker? People are regulated in that industry to keep others from being preyed upon by... Read More

I had a false review on Udemy for my course. It has false claims from the user but Udemy is not willing to remove the review.

Answered 7 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Generally your remedy here is to sue the poster not the review service. While such lawsuits can be expensive, they are often necessary to force the posters to retract false or defamatory statements. We handle such cases if you feel the need to pursue such a case. You can call our office at 1-800-922-6442 for a FREE consultation. ... Read More
Generally your remedy here is to sue the poster not the review service. While such lawsuits can be expensive, they are often necessary to force the... Read More

brother passed 7/19/2018 and left behind a wife of 13 mos. and 5 children from previous relationship, a will done in 1984, what do we do?>

Answered 7 years and 7 months ago by attorney Loren L. Gold   |   1 Answer
It sounds like you and the children need to contact a Probate attorney.
It sounds like you and the children need to contact a Probate attorney.

I have just received a summons from a law firm representing American Express. This is for an unpaid bill of $19000. I can not afford a lawyer.

Answered 7 years and 8 months ago by attorney Stephen Arnold Black   |   1 Answer
If you were served with a summons and complaint and you don’t file the required response under Florida civil procedures you will have a default taken against you and then American Express can commence collection against you to enforce their judgment. You should retain counsel to protect your interests. ... Read More
If you were served with a summons and complaint and you don’t file the required response under Florida civil procedures you will have a default... Read More

What book should I read to obtain a better grasp on responding to complex discovery requests?

Answered 7 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you are a legitimate paralegal, not one offering services illicitly as a "public paralegal", then your best bet is to ask this question of the lawyers in the firm you work for handling such cases. 
If you are a legitimate paralegal, not one offering services illicitly as a "public paralegal", then your best bet is to ask this question of the... Read More
Civil Litigation
Florida

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