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to prove the amount of debt owed. Can a final judgment be void using due process of law evidence as the cause since an amount was awarded without legal proof supporting it? The only evidence was the amount written in an affidavit by an employee of the debt buyer and the amount on the debt... View More 
answered on May 17, 2024
Assuming that you are the debtor/defendant, it would depend on whether or not you objected. And it would depend on exactly what was in the affidavit.
The returned the provisional credits and have not been able to provide me with documentation that shows I made those purchases. I get a letter stating that my card and pin were used...I filed a police report but after refiling and reappealing I am stuck with almost 1000 in these charges.
answered on May 8, 2024
Contact a consumer protection attorney that is familiar with the Electronic Funds Transfer Act. Also, keep track of all disputes you have made and the bank's responses.
I want to file a civil suit against a large company for fraud, my time and frustration & future credit monitoring. I either need an attorney to represent me or advise me on what to file. This is a very large company; I have all the proof needed, I filed a complaint with DocuSign, Microsoft, My... View More
answered on May 8, 2024
First, "time and frustration" is not a legally compensable element of damages in most types of cases. What matters most in this type of case is what actual legally compensable damages you suffered. How much money did you have before your dealings with this company that you parted with... View More
There is also an Injunction against her. She can't come near me, or our home, or our car for five years. She and I are joint owners of the car. I need to sell, or trade it, but the Injunction clearly states that we can have no connection of any kind during the period of the Injunction. So, as... View More
answered on May 7, 2024
Have you thought of hiring an attorney to talk to her? Also, I do not think while she is not allowed to approach you, you going near her is considered violation.
I was in an accident and received no citations but my car was declared a total loss. I was promised no storage fees from the body shop my vehicle was held in while waiting for a decision from insurance. They ended up chsrging over $5k in storage fees which my insurance then deducted from the... View More
answered on May 3, 2024
Unfortunately, this does happen. The storage facility will charge storage and unless you got the promise that there were not going to be storage charges in writing it will not be binding. GAP Insurance ordinarily covers the “gap” between what is owed in the vehicle and the fair market value the... View More
It was requested by the insurance company handling my claim that I take my vehicle to a shop to get a detailed estimate. The insurance company had prepared their own estimate and authorized payment to the shop for repairs but upon the shop submitting their own insurance totaled the car. When the... View More
On 2/15/24, my mother negotiated a job to chop down a very large damaged, but live, Maple tree in my front yard with a man who owns an excavation company. She agreed to $900 via text and arranged for him to come see the tree and discuss this with me in person. He came on 2/27/24, with a... View More
This business signed up my son who is a minor for a membership without permission from parents. I have called many times to cancel the membership but the local gym refuses. You didn't need a parent to sign up but you need a parent to cancel is the most ludicrous thing I've heard.... View More
per rule 1.710 Fl rule civil procedure, not only atty but also the client MUST appear, but my opponents atty say they only will appear.
answered on Apr 29, 2024
I believe you are mis-reading Florida Civil Rule 1.720 (b). The phrase "deemed to appear" doesn't REQUIRE both the client AND the attorney to appear. The filing of a confirmation of authority required under subdivision (e) would solve any problem; see subdivision (f).
is it a good thing that they are treating this as a writ of certiorari and that i dont have to show cause? i need an attorney that can help me asap case 2022-000311-ca-01 11 circuit
102IN THE DISTRICT COURTiOF appeal
OF FLORIDA
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THIRD DISTRICT... View More
So basically im asking as my friend said "its an invasion of privacy" even tho i havent done anything and i do think if i wanted to look at what numbers shes texting i should be allowed as that phone is under my name. Not saying that i did, but she said soemthing cause i was changing my... View More
I called him and he looked at his dental credit summary and without his permission was charged $1397.50. He called and was threaten to be taken to collection if he didn’t pay immediately. He was told an employee reversed the charge To my card and they charged it to his dental line of credit.... View More
No Fruit Trees - HOA?
Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.
However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More
answered on Apr 21, 2024
Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More
I received a refund for a disputed charge and then without warning or them contacting me in anyway, they posted a new charge for that amount. Keep in mind I waited a few months before I touched the refund, I was worried that it was just a provisional amount so I waited their processing time, and... View More
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answered on Apr 21, 2024
It is generally not appropriate for a company to issue a refund for a disputed charge and then make a new charge for the same amount without prior notice or agreement from the customer. This practice could be seen as deceptive and may violate consumer protection laws.
However, there are... View More
I left with the car 15 days ago they called on the 11th day and said the deal didn’t go threw because I missed signatures when signing so I went and then was told the bank declined the deal and they would keep trying and now the are trying to still work a deal but when I left that day I believed... View More
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answered on Apr 15, 2024
The devil is in the detail. Yes, this is a YO-YO fraud claim, most likely. But look at your paperwork to see what it says about financing. I suggest you consult with a consumer lawyer.
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answered on Apr 15, 2024
In Florida, you must first reach out to the defendant and try to resolve the matter; that is get him/her to agree to supply a better answer. If that does not work, then you need to do a motion to compel better answer(s) and send that along with a notice of hearing set before your judge. I suggest... View More
I requested a copy of my retail installment contract from my car loan servicer. When i compared it to The bill of sale/ buyers order I received from the dealership that i signed the it was completely different. The vehicle price was off by a thousand dollars, the amount financed is different, as... View More
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answered on Apr 13, 2024
If there are discrepancies between the bill of sale from the dealership and the retail installment contract from your car loan servicer, you may have grounds for legal action. However, the success of your case will depend on several factors, such as the nature and extent of the discrepancies, the... View More
Carvana provides a written inspection report on the vehicle and also provides a Carfax.. I was shown a small scratch on the tailgate and a scuff on the grill in a picture as the "only" damage. After owning my vehicle for a short time paint started flaking off on the front fender and I... View More
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answered on Apr 10, 2024
Based on the information you provided, it seems that Carvana may have misrepresented the condition of the vehicle you purchased. If the company stated in writing that there was no damage beyond a small scratch and a scuff, but you later discovered that the vehicle had been repainted and repaired,... View More
Sentance stating if not repaid he has to surrender his vehicle keys to me.
The money has not been repaid. He will not answer text/calls.
How can I enforce the part of his keys being surrendered to me.
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answered on Apr 8, 2024
You would need to sue your "friend" in small claims court for breach of contract and specific performance of the agreement. It will cost you about $100 to file and serve your friend, but if you win the case the cost will be part of the judgment against him. I suggest you go to the small... View More
I moved into this hotel after major surgery on my foot because of medications that I was going to be on and didn't think it was safe for me to be alone at home I ended up staying here because I lost my apartment and so now they're making me move every 21 days and I have pins and screws in... View More
answered on Mar 28, 2024
A hotel is not a rehabilitative facility. Nobody knows what this lease says; you need to take it to a lawyer.
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