1. ON 3/23 I SENT SEVERAL EMAILS ASKING FOR MY "ORIGINAL LEASE I SIGNED WITH MY NOTES". 1 MONTH LATER STILL NO RESPONSE.
2. I APPROACHED ASST. TO THE MANAGER, WHO ADMITTED RUDELY [in front of other residents] "IT'S A LEGAL DOCUMENT, YOU ARE NOT SUPPOSED TO WRITE... Read more »
answered on May 24, 2023
Send them written notification by certified mail that what they gave you was not the same as what you signed. If they seek to enforce terms different than what you signed, you can try to prove the different terms. But unless you kept a copy including your 'notes' and missing pages, you... Read more »
I'm ready to file my complaint with the courts and I'm not sure if I should add my children as plaintiffs
answered on May 18, 2023
There would be a question as to whether minor children have the capacity to sue. Your complaint could indicate that you are suing in their behalf, if that is material, but it probably shouldn't name them as plaintiffs. Also, assuming that you are not licensed to practice law, you can't... Read more »
He was arrested for soliciting prostitution from an undercover. She is trying to get him to enter a plea deal and we haven't even went to court
answered on May 12, 2023
His attorney probably wants to talk to him about the facts of the case. Anything your son tells his attorney is privileged. The attorney can't be made to disclose what her client told her. On the other hand, what your son says in your presence is not privileged, so, in theory, you could be... Read more »
I must make a statement that I do not intend to make this house my personal residence. This is an interest only loan for 1 year. When I pay this loan off are the terms still valid?
answered on May 7, 2023
I suspect that the statement they want you to sign is to protect the lender from your later claiming the property as your homestead. If you default and they have to sue you and get a judgment against you, a claim of homestead would make it difficult to levy upon the property in order to collect... Read more »
This is in Florida. I have lived here more than 10 years and he had my mom sign a quit claim deed 2 weeks before she died, however she was heavily medicated and in hospice. Last week he told me he wants my kids and I to move so he and his new family can have the house. He has never invested a... Read more »
answered on Apr 29, 2023
Presumably your mother died four years ago. Obviously, you are aware that there is an issue with the quitclaim deed. The statute of limitations for adverse possession is seven years, but all the detail you give about your taking care of the property expenses, your brother rarely visiting the... Read more »
I had agreed to forgo payment for one of my children's monthly insurance , with the understanding that my ex stop threatening to take me back to court. My job situation has changed and I am currently paying health insurance for both children. I am asking him to pay his half as it was... Read more »
answered on Apr 26, 2023
Detrimental reliance means that one person changed their position because of what the other person did. In your case, you agreed that your ex wouldn't have to pay part of the insurance because he promised not to take you back to court. Depending on what it is that he was threating to go to... Read more »
The drafts are AB Living Trust. Nothing is titled in the trust name, however a large investment account and a million dollar home are titled in an LLC in which he and Mom are the only members. They have not conducted any true business from that LLC. The drafts say that all joint and separately... Read more »
answered on Apr 24, 2023
His share in the LLC would be part of his estate. It isn't clear if the will leaves everything to an apparently non-existent trust, but if so, the will would probably fail, and his estate would be intestate.
No, she can't just put the assets in her name; his share of the LLC... Read more »
If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.
answered on Apr 22, 2023
If you had automobile insurance, the insurance company should obtain an attorney to defend you against this claim.
If a judgment is entered against you, and the judgment creditor garnishes the bank accounts, you will want to file a claim of exemption. At the exemption hearing, you would... Read more »
Hello everyone, I was hired as a marketing manager and for some administrative work by an individual who owns a small business. However, after one or two weeks, she began giving me tasks related to building her website, which falls under web development and not marketing or administrative work at... Read more »
answered on Apr 20, 2023
It's not clear whether you were an employee or an independent contractor. But in any case, it appears that you did the website work for her. If so, the content was hers, and you had no right to delete the content. So, I suggest that you offer to restore it to how it was before you quit.... Read more »
A case management order automatically dismissed defendants in a civil action for failure to timely serve them with process. The plaintiff ignored the order, served defendants and is now setting the case for trial. Seems the court lost authority over defendants after dismissal. How can a plaintiff... Read more »
answered on Apr 19, 2023
There are several ways this could happen, depending for example whether the case was under the small claims rules or the civil rules. But such a dismissal would normally be without prejudice. Were the "dismissed" defendants served with a summons issued after the dismissal?
In... Read more »
I am having several possible symptoms of PTSD from an incident that happened in Miami Florida May 28, 2010 at a nightclub. I want to get a diagnostic done before I take any action
answered on Apr 14, 2023
No. The "discovery rule" you are thinking about is that if you only became aware of the tort now, you might be able to sue despite the tolling of the statute of limitations. It appears that you became aware of the tort when it happened, so you should have figured out what damages you... Read more »
The loan is only in her name. My name is listed jointly with her on the title/registration. We had a verbal agreement upon her getting this loan that it would used to transport her to and from her doctors appointments and be shared with my handicapped son as well. In return, I would make all of the... Read more »
answered on Apr 14, 2023
On the other hand, if no probate petition is filed and no personal representative is appointed (because, for example, she had no other property), you are probably not liable. It would be unlikely that the lender would be able to prove such an agreement between you and your mother.
The item is a $2 tool with sentimental value to the Plaintiff, was used in service to the Defendant, was used to provide a more valuable service, probably why Defendant is detaining the tool. Plaintiff suing for payment of service. Would the Statement of Claim and the Statement of Claim in... Read more »
answered on Apr 9, 2023
The order in which you put the allegations of your statement of claim probably doesn't make any difference. But if you want to use the tool as evidence at the trial you should probably bring this up at the pretrial conference (or mediation, of mediations are used in your county) so that the... Read more »
I would like to ask a witness for written answers to written questions. Is this an interrogatory or a deposition upon written questions?, or is it something else? If I want them to also provide a copy of a document, is this sought under production of documents? is this also a duces tecum? Is it a... Read more »
answered on Apr 4, 2023
It would be an interrogatory if you were to ask it of a party (plaintiff or defendant). There is no rule that specifically provides for non-parties to provide written answers. If you ask a party for a copy of a document, you would do so with a request for production. For a non-party you would... Read more »
Just moved to the home 3 months ago. Have had the property line survey done twice to be certain of location of
dead bush. This type of plant has thorns up to 2 inches long and very sharp. Surveyor says plant is 6 inches over the line on our property. Lake Co. FL. Thank you.
answered on Mar 30, 2023
May you remove a dead shrub from your property? Certainly. And if the neighbor does sue you, and if the judge doesn't believe your expert witness surveyor (who you will have subpoenaed at the trial, hopefully) and rules that the shrub was on the neighbor's property, what damages will... Read more »
Hi, I would like to know if I have a case on a particular issue. I worked for a company a few years ago and while I was there, they had a system in place for measuring an employee's performance. I mathematically proved that their system was flawed and that they were judging employees with bad... Read more »
answered on Mar 27, 2023
Generally, no. In most states, employment is "at will". What this means is that, in the absence of a contract to the contrary, your employer doesn't need any reason to fire you. Florida is one of those "employment at will", states, so you wouldn't have standing to... Read more »
answered on Mar 23, 2023
In general, yes, assuming that by "restrain" you mean the use of non-deadly force. Florida Statute 776.031 provides, in pertinent part, that
"(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that... Read more »
During the pretrial meeting of the small claim I was told that the case could not been heard because the plaintiff refused to be served the Notice to Appear by the Sheriff's deputy. The registered agent then changed the business name (kept same FEI/EIN number) and the registered agent's... Read more »
answered on Mar 22, 2023
Do you mean that the DEFENDANT "refused to be served"? A defendant can't simply refuse to be served by a deputy sheriff (or private process server either). If the deputy found the defendant in person, told the defendant that he or she was being served with process, and left the... Read more »
What exactly does that mean? Does the son really inherit anything?
answered on Mar 21, 2023
"Per stirpes", as opposed to "per capita", means that an heir takes that portion that his ancestor would take. Thus, if in your example, the spouse and the son both die before the testator (the person who made the will), and the son is survived by one child and two... Read more »
This is a hypothetical question. I'm not asking about the distance between cars while moving. I'm specifically asking about the spacing between cars while they are stopped at a traffic signal. Can you be ticketed if you park too close (not touching) to the car in front of you? I have not... Read more »
answered on Mar 20, 2023
Florida Statute 316.0895 Following too closely.— :
"(1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway.... Read more »
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