Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Charles M. Baron
1 Answer | Asked in Collections and Contracts for Florida on
Q: Can I dispute a debt from a collections agency that I feel is unjust?

I was planning on attending university, so I put down a $300 reservation for a room, though around a month later I had to cancel due to financial reasons. When I applied for the room, an email was automatically sent to my student email account connected to the university which had terms stating... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 4, 2023

This is a fairly simple legal issue - either your entered into a valid contract agreeing to the cancellation fee, or you didn't. To enter into such a contract, you would either have to sign it in ink or electronically, or check an on-line box agreeing to terms and conditions that you are able... Read more »

2 Answers | Asked in Personal Injury for Florida on
Q: Hi, can an attorney send a client part of a settlement if there is a hold up from a provider regarding the amount?

I have a large settlement from a car accident and my attorney has been going back and forth with a provider which is delaying me getting my check. Is he able to send part of the settlement to me while that gets worked out?

Edit- no mistrust to my attorney at all. I just didn’t want to... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 4, 2023

It sounds like there is an issue of mistrust of your lawyer, who apparently did a good job of obtaining a large settlement for you. Why? Is he not adequately communicating with you regarding the reason for his/her decision to keep all funds in the trust account until the provider's lien is... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Florida on
Q: Can I sue someone for making threats about hurting me? I have proof with text screenshots. How much money can I sue for?

My neighbor in my building , who is known to cause trouble. Started making threats and saying that his going to Break my Jaw etc because I asked him to pay my friend his money back. Can I sue him ?

Charles M.  Baron
Charles M. Baron
answered on Jun 2, 2023

If I were in your shoes, I'd first be focused on preventing him from "breaking your jaw, etc.", not money - that is, if you do believe it is a REALISTIC threat and not just an idle (not-really-mean-it) threat. I would go to the domestic violence court and ask if the threats, which... Read more »

2 Answers | Asked in Family Law and Civil Litigation for Florida on
Q: My aunt willed me a car. Shes 99. Lawyers gave me the car. She can't drive. Now she is freaking out. Wants it back
Charles M.  Baron
Charles M. Baron
answered on May 28, 2023

You didn't ask a question, but I suppose your question is, "Do I have to give the car back?" Hard to say from the brief info in your post. First, the distributions under your aunt's Will cannot happen until she dies, so her Will is irrelevant at this point. That means the car... Read more »

View More Answers

1 Answer | Asked in Bankruptcy, Consumer Law, Estate Planning and Collections for Florida on
Q: 2006 Judgment Still an Issue--New Developments

01/2003 A credit card debt was acquired by Sarasota CCM and they obtained a judgment in in Illinois.

01/2009 I moved to Florida and three years later they registered the judgment in Florida.

09/2000 They garnished a checking account.

No communication from them between... Read more »

Charles M.  Baron
Charles M. Baron
answered on May 26, 2023

Three options (other than paying in full): 1. Attempt to settle up, such as by offering X cents on the dollar and/or paying in monthly installments over X number of years; 2. File for bankruptcy if eligible (consult a bankruptcy attorney); 3. Determine if you are judgment-proof and can just let... Read more »

1 Answer | Asked in Contracts, Products Liability, Construction Law and Personal Injury for Florida on
Q: Inspection

The windows were bought and installed by Lowes in 2019. We just recently discovered they are all pulling away from our home at the top, allowing daylight, air, wetness in from the outside. You can see mold visibly in some spots. I, myself have had continuous breathing issues to the point that I had... Read more »

Charles M.  Baron
Charles M. Baron
answered on May 24, 2023

You indicated that numerous lawyers have told you they cannot be of help. Did they provide the specific reasons, including principles of law and issues of proof, that caused them to decline the matter? That's step number one - to meet with a lawyer (either in person or virtually) to go over... Read more »

2 Answers | Asked in Contracts, Civil Litigation and Elder Law for Florida on
Q: LAWS REGARDING? MY LEASE WAS FORGED WITH MY SIGNATURE & BACK DATED, RETURNED WITH NONE OF MY NOTES, IT WAS 32 PAGES.

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 »

Charles M.  Baron
Charles M. Baron
answered on May 24, 2023

First, forgery is a crime that can be reported to the police, and can result in arrest. Whether you should report it in your situation is a decision for you to make based on factors that include the relationship you wish to have with the landlord and any potential retaliation (though retaliation... Read more »

View More Answers

2 Answers | Asked in Civil Litigation for Florida on
Q: Does filing a petition to remove a case to federal court exempt a defendant from adhering to Florida’s Rule 1.140?

Florida’s Rule 1.140 require defendants to file affirmative defenses within 20 days of bring serve. Does filing a petition to remove a case to federal court exempt a defendant in Florida from complying with Rule 1.140 and responding to a complaint within 20 days?

Charles M.  Baron
Charles M. Baron
answered on May 24, 2023

Generally, removal to Federal Court is not by petition, but rather by notice of removal that requires removal without needing State Court approval. Then the plaintiff may then file a motion to remand the case back to State Court if there are any grounds to do so, including technical defects in the... Read more »

View More Answers

5 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Florida on
Q: Should my HOA inform us if they are using a toxic chemical for yard services (i.e. Round-up) ?
Charles M.  Baron
Charles M. Baron
answered on May 22, 2023

Yes - if you request the information and that info is in their possession, but otherwise, probably not. Request copies of all contracts with such service providers, all invoices, all receipts for items purchased for the services, all documents showing materials and chemicals used, and whatever... Read more »

View More Answers

2 Answers | Asked in Animal / Dog Law and Personal Injury for Florida on
Q: A dog attacked my cat on my property. Now my cat is missing. What all can I do

My neighbors on the side of her dog viciously attacked my cat. I have video proof of the dog in the cat in the altercation. My neighbor behind me was the one that broke up the altercation. I confronted my neighbor on the side. Showed her video documentation that it was her dog that attacked my cat.... Read more »

Charles M.  Baron
Charles M. Baron
answered on May 17, 2023

The dog owner is legally responsible for the vet bills, which you should first present to the owner to try to amicably resolve the matter, and if not settled, you can sue the owner in small claims court, assuming the amount is $8,000 or less. If the dog is owned by a couple, you would sue both... Read more »

View More Answers

4 Answers | Asked in Personal Injury for Florida on
Q: My frienld has a slip&fall suit her attorney calls and tells her that the other side wants to settle out of court

They agreed to pay $1,000,000 her attorney calls her back and asks if she'll take $325,000 what's up with that she's lost her home car is injured they've said they were at fault agreed to pay the million out of court why is her attorney trying her with $325,000 we don't get it what are missing

Charles M.  Baron
Charles M. Baron
answered on May 10, 2023

That's a mysterious question - didn't the attorney give an explanation? That's step one. If no explanation, your friend should ask for an emailed explanation. If he/she gave an explanation, what's the problem with the explanation? Not understandable? Not believable? In... Read more »

View More Answers

1 Answer | Asked in Personal Injury for Florida on
Q: My lawyer received a settlement offer from the opposing side but did not inform me until a month later. Is this allowed?

My lawyer has continuously failed to provide information, let alone correct information, to me my entire DBA case. I contact him for updates often because there have been requests made from the opposing side that he will not discuss with me until months later. During that month, I contacted him... Read more »

Charles M.  Baron
Charles M. Baron
answered on May 9, 2023

A lawyer has an ethical obligation to adequately communicate with the client, including on major developments (which would certainly include a settlement offer), and to diligently move the case forward. However, a few weeks time between a Step A and a Step B may be reasonable and not in any way... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Employment Discrimination

Is it employment discrimination when a White woman with a black male supervisor is paid more than the supervisor? Is it racial discrimination, Gender, or both? Should I be compensated at a salary comparable to the white female who reports to me as their supervisor.

Charles M.  Baron
Charles M. Baron
answered on May 8, 2023

Not necessarily. In the legal employment discrimination analysis, you compare yourself to employees in the same or similar position to your position, or performing the same duties as you. Those employees are called "comparator" employees. Also, if the person you are supervising has... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: can I get a injunction on a neighbor blowing me out of my home with loud music? Im in Plant city Fl.

I have been getting blasted out of my home for 10 years now from several neighbors,1 is blasting me out right now and has been since 3:00pm and it's 8:30pm now. he is entertaining about 40 people in his back yard, he is on 4 acres and Im on 1 acre,he is 800 feet away,the low frequency bass... Read more »

Charles M.  Baron
Charles M. Baron
answered on May 8, 2023

Schedule a consultation with an attorney in your area. An attorney's harsh demand letter might do the trick.

Also, your local code likely has a decibel limit, at least for certain time frames of the day, and there are gizmos for measuring decibel levels in your home. If code...
Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Civil case dismissed with prejudice, does court or plaintiff give notice to defendant of appeals so case can be re-filed
Charles M.  Baron
Charles M. Baron
answered on May 5, 2023

You are apparently posting this inquiry after your prior one in which I gave the information about potential ability to appeal a dismissal with prejudice. If the case is dismissed with prejudice, it CANNOT be re-filed, but it possibly may be appealed (to a higher court) within 30 days of entry of... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: If a civil case is dismissed with prejudice, can it be refiled?

A civil case was dismissed with prejudice and has now been refiled.

Charles M.  Baron
Charles M. Baron
answered on May 5, 2023

No, a dismissal with prejudice means the Court has decided that the case is over in that particular court and cannot be re-filed. A dismissal without prejudice means the plaintiff has an option to either amend the complaint or file a new lawsuit on the same basis, depending on the circumstances.... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: What rights do I have and what are the legal ramifications?

I live in a household that was converted into 3 separate apartments. It has come to my attention that the owners never registered the property has a multifamily household. Power constantly trips and my internet was disconnected because the new tenants added internet services and since their lease... Read more »

Charles M.  Baron
Charles M. Baron
answered on May 4, 2023

If it is not zoned for multifamily and the owner did not obtain a variance and/or permitting to allow the different use, both you and the landlord have a problem, but you would then have remedies against the landlord. Code enforcement could order a prompt cessation of the multifamily use. The... Read more »

2 Answers | Asked in Car Accidents for Florida on
Q: I just recently got into a no fault accident in a parking lot. my damages are minimal but i dont want my insurance

rate to go up and i really do believe this wasnt my fault there was a million other spaces to park in and instead of waiting for me to pull out and leave she decides to pull in at the same time as me I just recently got into a no fault accident in a parking lot and i just wanted to contact you for... Read more »

Charles M.  Baron
Charles M. Baron
answered on Apr 24, 2023

You didn't ask a question, but I guess you are wondering if you must contact your insurance company, and/or whether there's some way to prevent your rate from rising. First, if the other driver decides to make a claim, your insurance co. will find out from her, and your failure to report... Read more »

View More Answers

3 Answers | Asked in Personal Injury, Banking, Car Accidents and Elder Law for Florida on
Q: In Florida if I'm on my mother's bank accounts only to be used for her benefit since she is 93 and has dementia.

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.

Charles M.  Baron
Charles M. Baron
answered on Apr 22, 2023

Do you mean "on" her accounts as a joint account holder or only as a benefiary? Or are you a trustee, whose sole function is to administer a trust? That makes a difference. If you're a joint account holder, a portion of the funds may be at risk of you're not exempt from... Read more »

View More Answers

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: living with a roommate that is violent with anger issues and plays music in a very high volume 24/7 and broke the fire

broke the fire alarm from a punch in the wall. is there any chance I could just leave before the contract end? I live in Orlando Florida and my contract ends in the end of july

Charles M.  Baron
Charles M. Baron
answered on Apr 19, 2023

By "contract", I assume you mean a lease, but it's unclear from your inquiry whether your landlord is the roommate or someone else. Either way, there is a procedure under Fla. Statutes Section 83.51 for a written 7-day "cure" notice giving the landlord 7 days to comply... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.