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Questions Answered by Barry W. Kaufman
1 Answer | Asked in Collections for Florida on
Q: Am I responsible for a credit card debt that is solely on my wife name ? Also can the merchant go after my name ?
Barry W. Kaufman
Barry W. Kaufman answered on Dec 3, 2021

No. If the owner of the credit card is your wife and you are not a co-owner, then you are not liable to the card issuer.

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.

Barry W. Kaufman
Barry W. Kaufman answered on Dec 3, 2021

Call the attorney who filed the suit or the person who signed it and try to arrange a payment plan.

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3 Answers | Asked in Real Estate Law, Arbitration / Mediation Law and Collections for Florida on
Q: Hello I was sick with COVID and fell behind on HOA assessments and dues. HOA had now referred me to their attorney.
Barry W. Kaufman
Barry W. Kaufman answered on Dec 2, 2021

You didn't ask a question. The attorney will want you to pay the past due assessments and their attorneys fees so they don't file suit to foreclose the lien on your property. You can have your house sold underneath you if you don't get this taken care of. If you try to make a deal... Read more »

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1 Answer | Asked in Family Law and Probate for Florida on
Q: I have owned my house for 12 years. I have remarried and want to put her name on it. What are the procedures to do so?
Barry W. Kaufman
Barry W. Kaufman answered on Nov 20, 2021

The easy answer is to do a quit claim deed from you to her and you. The much better answer, and the one that I urge you to follow, is to consult with an estate planning lawyer to make certain that not only is the transfer done properly, but that the transfer is done in light of any tax or other... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: If my current lease ends on Nov 30 & my boyfriend's name wont be on the new lease Dec 1. He has to be out by 11/30?

All utilities are in my name and I pay all the bills.

Barry W. Kaufman
Barry W. Kaufman answered on Nov 20, 2021

The only issue is whose name is on the Lease. Generally, landlords want the name of every adult residing in the rented space to be on the lease (meaning that all the adults are equally responsible to the landlord for the full amount of the monthly rent). If you executed a new lease and you are the... Read more »

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for Florida on
Q: Does a successor agent of a durable POA have the right to file a unlawful detainer summons original agent is still actin

My aunt is trying to have me evicted from my grandmother's property against her wishes. She forged her name as the plaintiff on the summons but filled out the details in her own name. That's what I wrote in my answer. However we had a hearing where my aunt gave the judge a paper I did not... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Nov 18, 2021

Stop playing lawyer and hire one.

2 Answers | Asked in Probate for Florida on
Q: Is a date of death appraisal ever used with heirs who are disputing value when a house is in probate?

I was the partner of the deceased and also had a large financial investment in the home. The house was titled in both of our names, but unfortunately it was titled tenancy in common. I have approximately $300,000 invested and my late partner had approximately $5,000 invested. I would like to use... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Nov 9, 2021

Nobody knows your case like your lawyer. If you don't agree with your lawyer's assessment.you are free to fire him.or her and find new counsel.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I received rental assistance can I be evicted ?

I received a notice of cleaning or possession notice my landlord posted a letter stating I must clean the outside of my property or I will be evicted. My husband has a tree business we are staying at a small duplex but he has his trailers outside and other items we have as well. Out r backyard was... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Nov 9, 2021

It sounds like rent is not the issue, but the stuff outside. Generally usually, leases provide that the tenant must keep the outside of the rented property looking neat by specifying certain things that must be done or not be done. A duplex is not a place to keep the trailers that belong to a tree... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: What can I do after We had phone court on eviction and found in the wrong because Plantiff had a attorney

We gave the judge all the proof and they did Not let me say two sentences! How can I appeal a wrong decision on two disabled people?

Barry W. Kaufman
Barry W. Kaufman answered on Nov 8, 2021

You didn't lose because the plaintiff had an attorney. You lost because you didn't have an effective or legal defense. Of course you can appeal but the likelihood of you prevailing is slim because eviction cases are creatures of statute. Statutes are narrowly construed (they mean what... Read more »

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1 Answer | Asked in Real Estate Law, Family Law and Landlord - Tenant for Florida on
Q: Can owner throw out A squatters property when the squatters leave for an appointment for example or anytime?
Barry W. Kaufman
Barry W. Kaufman answered on Oct 27, 2021

No. You have to remove people from your property using the law. Throwing away people's belongings, cutting off water, etc., is called "self-help" and is specifically prohibited. Hire an attorney to get rid of the squatters, and their junk, legally.

4 Answers | Asked in Real Estate Law and Collections for Florida on
Q: Can a judgment against an individual be attached to a property in an llc they own?

I have a judgment against me personally from 10 years ago (yes he renewed it). Since then I bought a property in an llc name. I'm now I'm refinancing and this judgment came up. The underwriter said it must be paid first. I don't understand.

Barry W. Kaufman
Barry W. Kaufman answered on Oct 27, 2021

When a judgment is recorded, the judgment attaches to the ownership interest in real property of the judgment debtor. You'll have to ask the underwriter these questions. Is it possible that the creditor recorded a lien against your LLC? Sure, it's possible, but unlikely. Otherwise, seek... Read more »

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1 Answer | Asked in Collections for Florida on
Q: I have an unpaid collection on my credit report but I was never aware that I owed any money. Should I dispute?

I have an outstanding collection from 2016 that is originally from an apartment complex. It was sold to a collection agency in Tampa. When I left that apartment complex, I wasn’t told that I owed any debt. I was never contacted even though my phone number never changed. I would have been easy to... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 22, 2021

Can you dispute it? Sure. Will the credit bureau remove it? Probably not, because it's a valid debt.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: is it legal for an HOA to fine you (the owner) because your tenants were seeing using the lifeguard device at the pool?

I own a townhouse in the city of miami and it’s currently rented. I just received a notice of violation from the HOA saying that I have to pay $100 because my tenants were seeing at the pool using the lifeguard device. The device was not broken or stolen but it seems like they were using it.... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 20, 2021

You have to consult your HOA documents - nobody online knows what those documents contain.

2 Answers | Asked in Real Estate Law, Criminal Law, Landlord - Tenant and Probate for Florida on
Q: Trustee of my Father’s estate is refusing to show, share or provide list of beneficiaries. What can or should I do?

Trustee has not shared the Trust. It is believed he disposed of the most recent Will, & filed an older version in which he filed a month after my dad passed, & has slowly trickled in other documents:

One property was not part of the trust, yet somehow he has been able to transfer... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 20, 2021

There's no online help. You must retain an attorney to protect yourself. The personal representative should have a lawyer representing your dad's estate.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My tenant daughter living with her gave birth to a child. The father not living there. what is my landlord rights ?

Father of new born , unknown and not living with them

Barry W. Kaufman
Barry W. Kaufman answered on Oct 19, 2021

Your landlord rights have nothing to do with whether the baby's father lives there.

1 Answer | Asked in Collections for Florida on
Q: I recieved a letter from a collection agency for a student loan I cosigned for my granddaughter

She lives in ohio I live in florida

Barry W. Kaufman
Barry W. Kaufman answered on Oct 17, 2021

You didn't ask a question.

You are 100% responsible to the lender for the student loan payments, just as your granddaughter is responsible.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can you be evicted 1 year after you terminated your month to month and they have possession of the trailer?

We are being evicted 1 year after we moved out. We turned the title of our mobile and keys when we terminated our month to month. They went into the mobile home the next day. We have not heard from them until today 1 year later. They want to evict us. They have the property and have gone in and out... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 9, 2021

I can file a complaint accusing you of not painting the road in front of your house a certain shade of purple, but that doesn't mean that I am able to state a valid cause of action or have the legal grounds to prevail.

Most people don't know when a complaint is filed, until the...
Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I’m currently renting and signed a 2 year lease extension 2 months ago , now my landlord decided to sell the home.

Will the new owner have to honor my lease ? And do I have to show the home at the landlords request ?

Barry W. Kaufman
Barry W. Kaufman answered on Oct 7, 2021

Yes, but if you pay rent on a monthly basis, he can terminate your lease with notice. Basically, yes. You have to let him show the house, but he just can't barge in whenever he wants to.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I did a move in survey the landlord did one when we left, can I ask for the one from the last tenant move out?

Trying to establish a pattern and I need to know if it is legal to ask for the move out survey from the tenant there before me

Barry W. Kaufman
Barry W. Kaufman answered on Oct 7, 2021

Its neither legal or illegal. You can ask, and the LL can say yes or no. If he refuses, that's the end. You have no legal right to force him to give you the survey. You accept the premises as is.

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: If I received money from escrow and homeowners but also got the house should that amount be taken off my final amount?

My significant other passed away, we were together 17 years. The house was deeded by QC deed to me, I am also to receive half of any remaining money in his accounts. I received money for escrow and homeowners insurance previously, his mother is the personal representative, she is deducting the... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 6, 2021

The term Personal Representative means executor. In some states, the term is executor. in Florida, it's Personal Representative. If you are the beneficiary of your SO's Will, you are entitled to everything that affects your distribution. I believe the law is that if the PR is not the sole... Read more »

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