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Questions Answered by Bruce Alexander Minnick
4 Answers | Asked in Collections and Small Claims for Florida on
Q: I am being sued by a collection agency for FingerHut. Court date 12-14. What can I do

I am a single mom and a student full time, and looking for a part time job, I have had quite a few obstacles the last few years and I am trying to move forward. The bill is for 1200, and I can not pay it, maybe a payment plan. I just need some help and I do not know what else to do.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 3, 2021

BEFORE you agree to a payment plan you really need to find out how old the debt is--because it might not be enforceable. It id not enforceable and you make a payment, of any amount, it becomes enforceable again.

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1 Answer | Asked in Estate Planning, Banking and Probate for Florida on
Q: What can I doto prove to banks that POA can close CD'S in trust and transfer to trust acc. grantor, bank,trust is in FL

Grantor is in assisted living and can't leave. She has CD'S at many banks held in a grantor trust. She wants POAs to close them and deposit to 1 trust account.

Some of banks are wanting proof of incapacitated from DR. Poa specifically says they can do trust accounts and is not... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 1, 2021

1. There is no law or "article" that you can use to "prove them wrong."

2. The banks do NOT have to honor any third-party POA--and especially one being offered under these circumstances.

3. If you will turn this around and look at it from THEIR position you...
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1 Answer | Asked in Employment Law for Florida on
Q: Hired for a job to drive sprinter van. Was asked to drive box truck one day and said I was unable to. Was fired. Legal ?

Our van was in Penske shop and swapped for box truck rental . I was fired for “ refusal to work “ when in reality I have never drove a box truck before and felt uncomfortable and unsafe doing so . Is this legal for company to fire me when this was never in the original job description or there... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 1, 2021

Is what your employer did legal? Yes. Why?

Because Florida is an “at will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at any time, i.e., “at will.”

The only...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Renting condo. Property in foreclosure. Owner filing bankruptcy. Do I still pay rent? Worried about security deposit.

Owner has not told me. Looked on clerk of court records. Foreclosure started in sept. I have 4 months left in lease. What are my rights? Do I still pay him rent? Worried about getting my security deposit back as well. There has been no communication with him regarding this.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 1, 2021

Nothing you have said here changes the law controlling leased residential property. You still owe rent to the owner, and should not skip any payments during the next 4 months.

Unless the owner--or some new owner--offers you a new written lease when your lease expires you will become a...
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2 Answers | Asked in Employment Law for Florida on
Q: If I am unable to use my comp time because my job is too demanding to take off that much, can employer forfeit my time?

I am an exempt employee (manager) and my comp bank is almost always full. Due to the nature of my work (events) I am unable to take enough time off to keep my comp bank down. My employer notified me that because I was unable to use it, I have forfeited over 100 hours. Since I can’t take that much... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 1, 2021

You must certainly know that you are an exempt employee, being paid a salary to get your job done; right?

And if you have ever worked as an exempt employee before, then you also know that you are not ever going to be paid for any "overtime" hours you work--because exempt...
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1 Answer | Asked in Banking for Florida on
Q: I opened an account with Chase and deposited my paycheck, days later they closed my account, how do I get my money back
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 29, 2021

You locate and hire a very experienced banking lawyer who knows how to fix stuff like this and pay them to try to help you.

2 Answers | Asked in Criminal Law and Employment Discrimination for Florida on
Q: Does a misdemeanor marijuana offense when I was 17 show up to law schools or the BAR association in Florida?

This offense was expunged through a diversion program and I checked the FDLE for any criminal history and it returned no criminal history.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 29, 2021

Failure to report this incident on you application for The Florida Bar will probably result in denial. You MUST report this incident--and let the Florida Board of Bar Examiners investigate it--or you are sinking your ship before you set sail.

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1 Answer | Asked in Contracts for Florida on
Q: I paid off my financed car loan early, am I due a refund for the remaining amount of financial charges of the full loan?

My contact states if I prepay, I must pay the earned/unpaid part of finance charges up to date of payment.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 24, 2021

No, of course not.

This is America, land of the greedy.

No company or person ever refunds any money that has not been paid to them first.

That includes auto loans.

Your contract earns interest by the day and then charges the interest accrued monthly.

So...
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2 Answers | Asked in Employment Law for Florida on
Q: I was hired as part-time in Nov. 2017, but was worked full-time hours from Nov. 2018 - June 2021. Is this legal?

I was hired as a guest-service associate in 2017; it was considered a part-time position. However, from November 2018 to June 2021, I assumed the responsibilities of a receptionist with some administrative-assistant related responsibilities. I typically worked 38-40 hours a week on average, but was... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 22, 2021

Unless your initial job as a "Guest Service Associate" was with a very large hotel, corporate or timeshare resort, there is little chance that employer will go back and give you the benefits given to full-time employees--without a fight.

Why? Because Florida is an “at will”...
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1 Answer | Asked in Employment Law for Florida on
Q: If I had a verbal agreement with my employer to be able to leave early on Fridays without being docked pto or pay and

After 3 years of never being docked, my check began getting deducted without being advised, is my employer in the wrong.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 18, 2021

No, your employer is not "in the wrong." Why?

Because Florida is an “at will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at any time, i.e., “at will.”...
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2 Answers | Asked in Contracts, Employment Law and Business Law for Florida on
Q: can an employer change the terms of your 10-99 contract after signing?

Employer is looking to change my full time base salary from 3,500 to a job by job pay until sales pick back up. Is this legal?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 17, 2021

Yes. Why?

Because Florida is an “at will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at any time, i.e., “at will.” The only thing employers cannot lawfully do is to...
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1 Answer | Asked in Estate Planning and Tax Law for Florida on
Q: Mother put house in trust. She died. Do taxes stay the same in trust and in her name or can city tax reg rates? Rule?

The county wants to charge regular rates with no exemptions the year after she died. The house is still in her name. Is there a law that states when the rates change. The house is still in her name and in the trust just as if she were alive. What rules apply here for Volusia County, New Smyrna... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 15, 2021

Florida's Homestead Tax Deduction only applies to people, not Trusts.

Most if not all countys send notices reminding citizens to register for the deduction on or before March 1 of each year.

If the property had the deduction the year before it will continue--unless changed...
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4 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Business Law for Florida on
Q: What options are available to me or what can I do? I could get the money to pay the judgement but I can't afford more.

My business was being sued. The case had been going on for about 2 years. I was having financial issues and could not make payments to my attorney. He requested to withdraw and I granted it. I did not realize how hard it would be to find a new attorney and during my search me and my other two... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 12, 2021

Depending upon how much money is involved you might be better off to gamble on a plan to try to settle rather than live with the negative effects of going bankrupt.

I suggest you hire a very experienced Florida lawyer who has the skills to negotiate solutions to situations like this....
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: If I have asked to renew my lease in October and I have not received a response, what can I do to avoid getting evicted?

I have asked to about renewing my lease in October. My current lease expires 01/31/22 I have all email communication with the property manager as I have asked repeatedly for a answer so that I can also prepare my living situation. The manager and I have not seen eye to eye on certain things... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 10, 2021

Your landlord is under no obligation to renew your lease, nor tell you they are not going to renew it.

And since they haven't been responsive to your repeated requests about renewal it appears they are not going to,

Finally. since today is only November 10. you have 62 days...
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4 Answers | Asked in Employment Law and Civil Rights for Florida on
Q: Can my job force me to get a COVID-19 vaccination?

I am a remote worker based out of Tampa, Fl. I am assigned to a medical center in Barre, MA. I am actively trying to become pregnant and there is not enough data on how COVID can affect my pregnancy or child. Not to mention long term affects of the vaccine itself. As a healthy 30 year old female... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 9, 2021

Each of the medical reasons you set forth as your reasons for not wanting to get the Covid vaccination have been discredited by every private and government health organization I am aware of.

Moreover, depending upon the nature of your "medical" job, from your employer's...
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2 Answers | Asked in Consumer Law, Contracts, Banking and Business Law for Florida on
Q: Can anyone deduct money from my Bank account without my permission? Even though they have my number on file.

I am a member of an HOA. We have a grill that we are required to pay $50. every month to use it or lose it. I never use it. Recently they stated on the statement: Beginning January 1st, 2022 we will be converting to auto pay. Payments will be automatically be charged to your card on file on... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 7, 2021

Based on your statements it sounds to me like this change does not apply to you--because you do not owe the $50 unless you use the grill.

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3 Answers | Asked in Civil Rights for Florida on
Q: Can room service call the police on someone if they say they saw a gun in my room
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 4, 2021

This is (still) America.

Citizens still have the constitutional right to bear arms--subject to certain restrictions.

Citizens also (still) have the right to speak out privately or publicly about any subject at any time to anyone.

Absent a violation of applicable law, the...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord evict me? My lease had no dates. He took 2 weeks rent after lease ended. Lease states Any holding over

After expiration hereof, with the consent of Owner or his Agent, shall be construed as a month to month in accordance with the terms there of, as applicable, until either party shall terminate the same by giving the other party 30 days written notice delivered by certified mail or in person to (... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 2, 2021

The lease is clear: 30 days.

2 Answers | Asked in Employment Discrimination and Health Care Law for Florida on
Q: If I don’t get the vax will I be fired or laid off?

I’m a security officer, so I get assigned to posts depending on availability and needs of the post. By definition being fired is a change/failure in the employee resulting in termination. A layoff is a change within the company including company standards. So would I be entitled to a severance... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 1, 2021

All these non-legal questions should be asked of your HR department, or supervisors.

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2 Answers | Asked in Business Law for Florida on
Q: are the board of directors of a condo obligated to tell potential buyers of upcoming assessments and monthl fess raised
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 31, 2021

No.

However, the current angry owners can post a billboard outside the Condo offices if they want to.

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