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Questions Answered by Charles M. Baron
2 Answers | Asked in Civil Litigation, Contracts and Small Claims for Florida on
Q: Our daughter in law borrowed our car and totaled it. There was no collision coverage. The tow company is coming after us

To pay the bills for towing and storage. They have threatened a lien on our drivers license. Are we legally obligated to pay?

Charles M.  Baron
Charles M. Baron answered on Jul 30, 2021

Yes, and you may demand/sue for reimbursement from your daughter-in-law. I'm guessing she doesn't have the money, but you could draw up an agreement, signed by her, that she pay you in installments and/or pay, or start paying, at a specified future date. If the accident was her fault,... Read more »

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1 Answer | Asked in Car Accidents for Florida on
Q: Florida Does a left turning car with the green arrow have the legal right of way over a right turning car?

Maybe It's a misconception on my part. As far as I've learned, in the state of Florida, a green arrow gives right-of-way for left turns, but it does not give them the right-of-way to make a U-turn.

I could be wrong here, so that's why I'm asking someone more qualified to answer.

Charles M.  Baron
Charles M. Baron answered on Jul 28, 2021

That's easy - just look at the traffic signals statute, Fla. Statutes Sec. 316.075, at http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.075.html Regarding green arrows, it states: Vehicular traffic facing a green arrow... Read more »

2 Answers | Asked in Civil Litigation for Florida on
Q: If a party doesn't comply with a RFP (request for production), can you make a motion to compel the information?

And if they still don't comply can you ask for Sanctions?

Charles M.  Baron
Charles M. Baron answered on Jul 27, 2021

Generally, yes on both. You are apparently representing yourself. If you are in civil court, you must read and understand the Florida Rules of Civil Procedure, and if you are in family court, you must read and understand the Florida Family Law Rules of Procedure. Both are on-line. If you make a... Read more »

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1 Answer | Asked in Personal Injury, Car Accidents and Small Claims for Florida on
Q: I finally got a court date for a small claims case. Would I be able to request to appear virtually? I'm the plaintiff.

I live in Atlanta. The case is in Orlando.

Charles M.  Baron
Charles M. Baron answered on Jul 26, 2021

You can certainly request it, but to find out whether the judge would consider it, call the judge's judicial assistant and ask him/her. You might be required to file a motion to make that request and to set your motion for a telephonic hearing. Or you might be told, "no, you filed suit... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: A male is trying to ruin my life by going to gov lawyers and telling them to never let me get a job. What can I do ?

He has destroyed my belongings and said he would bring his family to “ruin my life”. Keeps harassing me on social media (making false posts about me and trying to communicate with me through friends and himself). He cheated on me and I confronted him for it and now he’s mad and trying to... Read more »

Charles M.  Baron
Charles M. Baron answered on Jul 25, 2021

Sorry to hear about your ordeal. You have raised a number of legal issues, which I will address one by one.

1. "Destroyed my belongings". That's a crime. Call the police to press charges. If the culprit is prosecuted, determine if the State Attorney's Office will...
Read more »

3 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Florida on
Q: Civil Defendant insolvent.Does it help to communicate that with Plaintiff so they will not pursue judgement?

What are usual odds for this that Plaintiff drops case since it cant collect ever anyway?

Charles M.  Baron
Charles M. Baron answered on Jul 25, 2021

Some plaintiffs will drop their case (or agree to settle very low) upon proof to them of the defendant's lack of assets, such as production of bank account statements, wage records, etc., BUT the danger in making such production is that you will have given all the plaintiff needs to know to... Read more »

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2 Answers | Asked in Civil Rights for Florida on
Q: I'm a black man who white woman was pretending I was trying to harm her inside at her place of employment what can I do
Charles M.  Baron
Charles M. Baron answered on Jul 21, 2021

If law enforcement has not contacted you, and you have not been served with court papers, there's nothing to do, unless you would like to complain to her employer. If law enforcement contacts you, say that you wish to hire an attorney before speaking to anyone, then consult a criminal defense... Read more »

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1 Answer | Asked in Personal Injury and Small Claims for Florida on
Q: I'm pregnant and ate yogurt that was spoiled that I baught today what can I do
Charles M.  Baron
Charles M. Baron answered on Jul 20, 2021

You did not say if you got sick from the yogurt. If you did, and you went to the emergency room or an urgent care center, save the yogurt and promptly consult an attorney. If you did not get sick, your remedy is a refund from the store.

2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: I signed a tenant release form and now leasing office says I owe the month of july.

Because of harassment, Insults, emotional damage etc from my rommate I decided to leave the premises by the end of july. We both and management agreed to a form that states that I will vacate the premises no later than July 31. It also says that I relinquish my rights to the deposit by signing. My... Read more »

Charles M.  Baron
Charles M. Baron answered on Jul 14, 2021

So why didn't you add to the written agreement that you owe nothing for July? In this situation, your lease and any written, signed modifications thereto generally control. You might possibly have an argument that you were fraudulently induced to enter into the written agreement, but for the... Read more »

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1 Answer | Asked in Civil Litigation for Florida on
Q: What are Missouri inheritance laws as to biological children when the deceased father had remarried?

Father died in 2016 in Missouri. He did leave stocks in a will. A lawyer had contacted me and this has been taken care of. However, doing research on the internet reveals that I, as the biological son, is entitled to a percentage of the estate according to Missouri law. Is this correct?

Charles M.  Baron
Charles M. Baron answered on Jul 10, 2021

This is a question for a Missouri attorney. Your post is mainly being viewed by Florida attorneys because you are writing from Hudson, Fla. and did not change the location. On the question page, where it says, "I Need Help in this Location (modify if needed)", you should change your... Read more »

2 Answers | Asked in Car Accidents for Florida on
Q: I was cited a ticket for driving to close, a car was in front of me when he stopped in the flow of traffic attempting

To get in the turning lane that was full

Charles M.  Baron
Charles M. Baron answered on Jul 10, 2021

You did not ask a question. You must re-post with a question.

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1 Answer | Asked in Personal Injury for Florida on
Q: am I required to fill the affidavit?

So I had an accident like 4 months ago, where I rear-ended a car but I managed to stop just in time to the point that there was no damage to either car but the lady wanted to call the police anyway. The police arrived and we get a driver to exchange of information, no fire rescue or ambulances were... Read more »

Charles M.  Baron
Charles M. Baron answered on Jul 9, 2021

No, not required to (if it's not requested via a court document). Whether it would be a good or bad idea to submit the financial affidavit depends on your unique circumstances and your defense strategy. The plaintiff's counsel is likely deciding whether or not to sue you (though suit... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Hello, can I file a civil lawsuit to a federal district where I live against my federal agency located in other state?

I work from home in Florida but my federal agency located in DC. I filed title vii against my supervisor to eeo. Can I file a civil lawsuit against my agency in Florida federal district court or must be filed in DC where my agency located?

Charles M.  Baron
Charles M. Baron answered on Jul 8, 2021

Generally, you may sue a defendant where (A) the defendant is located, (B) the subject incident(s) occurred, or (C) at a location agreed upon by the parties by contract. So when you work out of your home for an entity that is in another jurisdiction, there would need to be an analysis of where the... Read more »

2 Answers | Asked in Construction Law and Contracts for Florida on
Q: How can i make a contractor finish the job i hired him for, and commit to the contract?

I hired a contractor for home improvement job, he is not responding and not finishing the job. He already got half the money. The contract says he has to finish everything by end of April 2021, and yet it's not done.

How can i get him to finish the job?

Charles M.  Baron
Charles M. Baron answered on Jul 6, 2021

This is a recurrent problem with contractors. Deadlines in contracts are NOT legally considered to be strict, enforceable deadlines UNLESS the contract specifies that "time is of the essence" or any similar language (for example, "the parties agree that the deadline in this contract... Read more »

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1 Answer | Asked in Civil Litigation, Contracts and Employment Law for Florida on
Q: Can a contract be voided if you was under the influence?

I don’t remember signing my workers compensation contract after the day I got out of the hospital. I was completely drugged up because I got ran over by a garbage truck. So that means that one of the workers compensation employees had to come by to get me sign their documents. Can I get out of... Read more »

Charles M.  Baron
Charles M. Baron answered on Jul 5, 2021

You could certainly try. To have a valid contract, you cannot have an impairment causing you to lack the required capacity to enter into a legally-binding contract. Basically, you must be mentally competent, and being drugged up could possibly cause you to temporarily lose the necessary mental... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Can I be fired because I need a break to monitor my blood pressure

Asked for break to check blood pressure made to wait more than hr had to take a few hrs and 3 pills to bring down asked if I need to return to work they told me no stay home. Next morning was fired cause of health concerns

Charles M.  Baron
Charles M. Baron answered on Jul 5, 2021

The issue here is whether you were unlawfully fired due to a disability. Such a claim could be triggered if you notified your employer that you have a particular diagnosed disability and that you are requesting a reasonable accommodation (that is, a workable solution that is not unduly burdensome... Read more »

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1 Answer | Asked in Construction Law and Contracts for Florida on
Q: I have a contract with a pool company he is half way through and informed up he can’t move forward without a permit

He informed us he isn’t registered in our country to get a permit. The pool was to be completed 6-8 weeks it’s now week 9. What can I do to push him forward?

Charles M.  Baron
Charles M. Baron answered on Jul 3, 2021

See if you, rather than him, can apply for the permit. If your county/city requires the professional to apply for it, and he has no ability to apply, he should never have contracted with you to begin with. Discuss that issue with him and determine if you can reach some amicable resolution, such... Read more »

2 Answers | Asked in Civil Litigation, Consumer Law and Criminal Law for Florida on
Q: I had sent a notice to a liquor store not to sell to a loved one and they still did. How do they get charged?

562.50  Habitual drunkards; furnishing intoxicants to, after notice. Police said they are supposed to be charged with a 2nd degree misdemeanor.

Letters were sent certified.

Police at first said they would do something at first, but they wont. Because he is over 21. And they have to... Read more »

Charles M.  Baron
Charles M. Baron answered on Jul 3, 2021

The reason the police said they must see him buying the liquor in order to arrest the seller is that the crime is classified as a misdemeanor (as opposed to a felony). For most misdemeanor violations, the crime must be committed in the police officer's presence in order to trigger an arrest... Read more »

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1 Answer | Asked in Employment Discrimination and Gov & Administrative Law for Florida on
Q: Any lawyers willing to take on a suit against the federal government? Someone worked for the Gov of Florida.

I have a discrimination lawsuit I would like to file. It pertains to preferences of which I can not legally be discriminated against.

Charles M.  Baron
Charles M. Baron answered on Jul 1, 2021

Of course there are; otherwise, no suits would ever be filed against the Federal government! If you happen to be asking if any lawyers viewing your post are willing to take your case, this site does not work that way; it's for lawyers to offer educational information about the questions being... Read more »

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Municipal Law for Florida on
Q: If a municipal planning department negligently acts to pass along for approval to the P&Z commission having jursisdictio

a set of plans which would result in the violation of the rights of the adjacent residents, could that be an actionable offense under 42 USC 1983 ?

Charles M.  Baron
Charles M. Baron answered on Jun 26, 2021

No, and you really need to schedule a consultation with a land use & zoning attorney to evaluate your situation and explain your legal rights. 42 U.S.C. Sec. 1983, which provides a legal cause of action for violation of Federal constitutional or statutory rights, does not apply to complaints... Read more »

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