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Florida Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a submitted application for rental assistance via Our Florida(DCFS) program stop an eviction case/be a defense?

A request for rental assistance was submitted a month or so ago. The status is still showing "Submitted" with no way to check for further details. Approval is expected per the qualification guidelines. The landlord has filed a civil action, and the process server has served the... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 25, 2021

Maybe, but the statute still requires you to deposit the rent with the clerk. Failure to do that.automatically entitles the landlord to judgment. Seems like you have a bona fide Catch22.

1 Answer | Asked in Criminal Law and Internet Law for Florida on
Q: Is it illegal to take pictures of someone's house in ormond beach florida?

I am in California. The house is in Ormond Beach Florida. The house belongs to a vile, mentally unstable woman that has bullied me and others online for almost a year. A friend in Florida offered to go by her house and take pictures. He ended up confessing to her that he took the pictures. I did... Read more »

Henry George Ferro
Henry George Ferro answered on Sep 25, 2021

Generally speaking the taking of photographs of real property is not a crime. However you’re choice of words about the resident would give one reason to question your acts and motive. One last observation, you should be very careful about what you choose to put on the internet…all you have... Read more »

1 Answer | Asked in Business Law and Intellectual Property for Florida on
Q: I own an LLC and my partner's breached their fiduciary duties and are demanding assets that will result in layoffs...

I own an LLC (65% share), and my two business partners (35% share - they invested prior to joining as manager-members if that matters) decided to start a competing company while still a manager-member of my company while before it was dissolved. This new company they formed is 100% direct... Read more »

Jane Kim
Jane Kim answered on Sep 25, 2021

I’m not sure it is possible to answer this question intelligently due to insufficient facts. How are they member-managers if there’s no operating agreement? And you’re right, fiduciary duty would attach to member-managers. You need to retain a business lawyer to get into the facts in order... Read more »

1 Answer | Asked in Probate for Florida on
Q: How do I go about claiming my father's assets as mine im his only child and we shared the home as it is my legal address

there's been no will found he sold the land to his brother but not the mobile home he had rights to it til he died they won't let me come home have taken everything out of my home and moved someone in

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 25, 2021

It appears that you may be qualified for Disposition without administration.

See:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/0735PartIIContentsIndex.html&StatuteYear=2021&Title=%2D%3E2021%2D%3EChapter%20735%2D%3EPart%20II

1 Answer | Asked in Divorce for Florida on
Q: In Florida, is a process server allowed to give a summons to anyone other than the person being served?

A process server came to the house to serve my mother in-law with divorce papers. She was sleeping because she works the night shift so my sister in-law answered the door and told him she was sleeping. He gave my sister in-law the summons and took down her first name and age. My sister in-law was... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 25, 2021

Yes. As long as the sister-in-law is 15, or over, that's good service.

2 Answers | Asked in Probate for Florida on
Q: My dad got married in Jamaica 10 mos before he passed is his original Will stating he’s single without naming her legal

He went to Jamaica to get the marriage annulled but got really sick and died 2 days after he arrived in Jamaica before he had a chance to do so. Is she still entitled to a percentage of his estate that she never visited or lived in or contributed to here in Florida?

Barry W. Kaufman
Barry W. Kaufman answered on Sep 24, 2021

What is your question? She is not in the Will.

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1 Answer | Asked in Divorce for Florida on
Q: Married purchased house in Florida he’s not on note or deed this year. If someone else is on deed can spouse be evicted

We are both from sc

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 24, 2021

Yes, if the mortgage note is not paid, everyone in it can be evicted.

2 Answers | Asked in Banking and Collections for Florida on
Q: Are creditors allowed to ask for bank statements to help with proof of hardship?

I’m working with a company I’ve defaulted on due to Covid hardship. I’ve sent everything and now they’re requesting to see my bank statements. My personal account over laps at times with my fiancée business account. I try not to let it happen. But there are times he needs me to do things... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 24, 2021

You are attempting to resolve a claim that a creditor has with you. They've asked for some documents which you've provided, and now they want bank statements. Are they allowed to ask for bank statements?

Of course they can ask for them. Creditors ask for bank statements all the...
Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have paid the rent for this month he told me he wasn’t paying anything could I or the landlord just Evict him
Barry W. Kaufman
Barry W. Kaufman answered on Sep 24, 2021

I have to guess what your question is. So here goes: you have a roommate. You paid the rent in full to the landlord, but your roommate was supposed to pay half. When you demanded his half, he told you that he wasn't paying anything. Now you want to know whether you or the Landlord can evict... Read more »

4 Answers | Asked in Immigration Law for Florida on
Q: I have a k1 visa im married ready to apply for adjustment of status I-485 form. I with I 765 and I 131 what is the fee?

I'm married with a us citizen have a k1 visa I believe I need to apply for I 485 and I 765 but I plan to add I 131 for travel document can you please tell me the exact fee for all of them when seeding together with each fee separately of possible?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Sep 24, 2021

If you are filing Forms I-765 and I-131 with a Form I-485, you need only pay the I-485 filing fee, $1225.00. There are no filing fees for Forms I-131 and I-765 when filed concurrently with the Form I-485. Good luck!

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1 Answer | Asked in Trademark for Florida on
Q: Is it required for a trademark attorney to give you your file if you request it?

...

Linda Liang
Linda Liang answered on Sep 24, 2021

An attorney is required to communicate with clients, including giving the files back. Yet, in your case, you can get on the website of USPTO and see what have been done. You may be able to receive a copy there.

1 Answer | Asked in Real Estate Law for Florida on
Q: If a piece of property has been abandoned and owner dies. Can someone take possession openly, clean property up.

Openly occupy hoping to get adverse possession. Has paid 8 years property taxes and all improvements. Claim reimbursement?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 24, 2021

You appear to be referring to Florida Statute 95.18 Real property actions; adverse possession without color of title.—

You would have to be in possession "under a claim of title exclusive of any other right"; simply "squatting" won't be sufficient.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: Me and my dad Signed a one-year lease at an apartment complex he’s not wanting to pay rent next month
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 24, 2021

If the rent isn't paid, the landlord can evict both of you, if that's what you wanted to ask.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What is considered landlord neglect? Also where can i read more on what landlords are allowed and not allowed to do?

I am currently 23, living with my girlfriend(20), we are both working 40 hours a week, renting from my aunt and uncle, who also run a logging company, that are honorably managed landlords. They do have 6 other rentals that are not rented to other family members. They hire cheap local... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 23, 2021

See chapter 83, Florida statutes. Available online. theres a lot of info on the internet

2 Answers | Asked in Landlord - Tenant for Florida on
Q: My landlord decided to sell the property and dropped of in the mailbox“Notice of Termination of Month to Month Tenancy”.

But according to the Residential Lease Agreement signed by both parties is says “If at any time either party desires to terminate the month-to-month tenancy, such party may do so by providing to the other party written notice of intention to terminate at least 30 days prior to the desired date of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 23, 2021

You are grasping at legal straws.

A "Notice of Termination" of your month-to-month tenancy is no different from a "Notice of Intention to Terminate" the same tenancy.

As you said, your lease is clear: You have no more than 30 days from the date you received...
Read more »

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1 Answer | Asked in Family Law for Florida on
Q: Can a judge force me to sell my house?

Can a judge force me to sell my house that I bought with the money I received from my husbands passing? I got remarried and paid for the house cash, my now husband has taken out the entire equity, to pay off his credit card debt. He agreed to pay it back, now he wants a divorce and has said the... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 23, 2021

This is a complicated question with multiple steps. Step one is to determine what portion of the house (equity) is marital. You say that the deed lists you, your husband and your daughter. This could mean that you each have a 1/3 interest. It could mean that you and your husband have half and your... Read more »

1 Answer | Asked in Car Accidents for Florida on
Q: Hi, I got into a car accident today and I was at fault. I don’t have a drivers license and car tag was expired.

I received two tickets, one for the crash and one for the expired date and I also received a court date. My question is, am I still able to obtain a drivers license? And will this offense result in jail time?

Charles M.  Baron
Charles M. Baron answered on Sep 23, 2021

You will not be able to get the answers you need for this matter online. Seek a free consultation with an attorney handling criminal and traffic cases. If you mean you had no valid DRIVER'S LICENSE (not just expired tag) at the time of the crash, I assume you are or will be charged with a... Read more »

1 Answer | Asked in Consumer Law for Florida on
Q: Consumer Protection/Rights and Prevention of Wage Garnishment for debt that is not ours!

Hello, my husband and I live in Florida and a company supposedly bought this debt from Home Depot and is now trying to garnish my husband's wages. My husband is the only source of income that we currently have, I am pregnant and lost my job due to Covid. We won't be able to afford our... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 23, 2021

If they are trying to garnish your husband's wages, it appears that they have a judgment against him. If that is the case, you might want to send them proof of your financial difficulties; if you do so they might not apply for a writ of garnishment at this time.

1 Answer | Asked in Child Support for Florida on
Q: Any service that can assist with getting child support from a mother out of state?

I have went through the state but nothing seems to be getting done, I have the children 100% of the time and she give little to no assistance.

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 23, 2021

If the Florida Department of Revenue doesn't seem to be doing anything, you can always contact an attorney licensed to practice in the state where the mother lives.

1 Answer | Asked in Criminal Law for Florida on
Q: My ex husband received an annuity when he was younger with his dad as power of attorney, he passed away and his widow

Was able to clean out all bank accounts that had my money in it as well as a house that he purchased from selling our house after our divorce, how can he get her accounts frozen so he can get his money

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 23, 2021

Your ex's father HAD a power of attorney. But POAs don't survive the death of the principal (your ex). It doesn't appear that your ex father-in-law has any right to the bank accounts, other than possibly as an heir of his son. But he should seek advice from an attorney.

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