Lawyers, Answer Questions  & Get Points Log In
Florida Questions & 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 »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Can my 18-year-old daughter move to Puerto Rico with her father and then ask me for child support?

My daughter had the choice live here for free and go to school or get a job and pay rent. She decided to be on her own and lived with a family member for almost a year and worked a job. Recently moved to P.R. and is living with her father. Now, she is asking for the child support card and money,... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 2, 2023

Question 1: Is there a current child support order in place? If no, then you have no financial obligation at all. Legally child support can only be pursued by the parents so your child has no legal standing to request child support from you. Finally, if your child is 18 then she is emancipated and... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: What can I do: My original 32+pgs lease was given back, w\o my notes on it, [office woman Admits she changed]. What!

SECTION 8 HOUSING TENANT.

My housing Caseworker, *RECEIVED Only 9 out of 32+pgs without my notes & my true signature on my original lease paperwork which I gave back to the office.

-9 PAGES OF *THEIR LEASE WERE SENT TO PCHA WITH FORGED SIGNATURE. [NOT MY ORIGINAL "32+... Read more »

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

The first and most important point I must strongly emphasize is: do not move into the premises until you have resolved any issues and disagreements pertaining to the wording of the lease agreement. The landlord is not required by law to accept your handwritten notes, and you are not required by... Read more »

1 Answer | Asked in Immigration Law and Business Law for Florida on
Q: We have a lawn business in florida. We employee 1 worker who isn't documented.

How will this new law that florida passed effect my employee and my business. He is worried about perhaps having to leave florida

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jun 1, 2023

You should likely schedule a consultation with a competent and experienced immigration attorney who can discuss the details in a private setting. Does your employee "who isn't documented" have lawful work authorization, such as employment authorization through DACA (Deferred Action... Read more »

1 Answer | Asked in Consumer Law and Civil Litigation for Florida on
Q: In Florida: how do I get a car that I gifted to someone & a title back from someone?
Phillip William Gunthert
Phillip William Gunthert
answered on Jun 1, 2023

You generally do not or can not because as you have stated, you have gifted it to them and put the title/transferred it into their name, this completes the transfer and gift. Your only hope would be some type of civil action with a civil litigation attorney related to some sort of misunderstanding,... Read more »

1 Answer | Asked in Child Support for Florida on
Q: I started a child support case in Dec. They have been trying for 3 months and unsuccessful at serving other parent

Fl he owns multiple businesses. What steps can I take to get him served

Rand Scott Lieber
Rand Scott Lieber
answered on May 31, 2023

You can provide any and all information that you know about where he can be located. If you can afford it, hire a private investigator. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Family Law for Florida on
Q: If the petitioner fails to send mandatory financial affidavit to respondent, is that grounds for default or dismissal?

This is a family law case where Petitioner is seeking visitation and child support review. Petitioner has yet to send financial affidavit. I sent mine to him only for it to be returned to me because petitioner moved and has not provided respondent with updated address as required by court of law.... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on May 31, 2023

Your financial affidavit should be filed with the clerk of court, with a copy to Petitioner at the address on the pleadings that were filed. It is possible that you can move for a dismissal based on Petitioner's failure to pursue the matter. Speak with a local family lawyer for more specific advice.

View More Answers

1 Answer | Asked in Divorce and Family Law for Florida on
Q: If a couple is getting a divorce after 6 months of marriage and husband is still paying on ring, who has rights to the r
Rand Scott Lieber
Rand Scott Lieber
answered on May 31, 2023

Normally an engagement ring is considered a gift to the wife and is her separate property. There are other factors that may change that so you should speak with a local family lawyer for more specific advice.

2 Answers | Asked in Business Formation, Business Law, Contracts and Mergers & Acquisitions for Florida on
Q: Can I share transaction details w/a business broker/consultant without breaching a business contract? and with a lawyer?

I recently sold my business. The asset purchase agreement signed by both parties states neither party can disclose details of the transaction for 3 years after closing. I want to share details of the business I sold (such as closing price, terms, EBITDA, brand) with a business broker. The reason... Read more »

Venus Caruso
Venus Caruso
answered on May 31, 2023

If the confidentiality clause in your asset purchase agreement does not contain any exceptions for professionals who have a need-to-know the confidential information, or other like language, then sharing the confidential information with your business broker is not advisable as that would be deemed... Read more »

View More Answers

2 Answers | Asked in Business Formation, Business Law, Contracts and Mergers & Acquisitions for Florida on
Q: Can I share transaction details w/a business broker/consultant without breaching a business contract? and with a lawyer?

I recently sold my business. The asset purchase agreement signed by both parties states neither party can disclose details of the transaction for 3 years after closing. I want to share details of the business I sold (such as closing price, terms, EBITDA, brand) with a business broker. The reason... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 31, 2023

It is not likely that the agreement could be interpreted to prohibit you from sharing the terms with an attorney under such circumstances; and the fact that you do so would probably be confidential in any case. Run your dilemma by an attorney with experience in such matters to determine, first, if... Read more »

View More Answers

1 Answer | Asked in Child Custody, Divorce and Domestic Violence for Florida on
Q: Can I hire a lawyer in FL when I live out of state? We have a minor together am I able to take my child out of state?

Can I take my child out of state, if a restraining order is on me from my soon to be ex wife? I haven’t seen my child in a couple of months.

Todd B. Kotler
Todd B. Kotler
answered on May 31, 2023

You may hire a lawyer in one state, even if you live in another. You really should since you appear to be subject to a restraining order which may be controlling over your parenting rights until you can get an order more specifically setting out those rights. The specific language of the... Read more »

3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: car accident

I recently had a car accident. It occurred when I was turning left, and the oncoming car was speeding. The cop gave me the violation ticket and judged it was my fault. However, I was sure the car was speeding, and the cop also reported that the oncoming car was unable to take unevasive action. In... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on May 30, 2023

You need to retain a personal injury attorney here in Florida on contingency fee which means you pay nothing unless you win. The police officer’s opinion as to who was at fault for the accident is not dispositive of liability in a civil case.

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: I-130 Case question

I am on a I-130 case (my father's wife was filed for by her US citizen dad)that was approved in 2019 but i wasn't given the opportunity to get processed by my parents even though USCIS provided an option to us to continue with me on the case. This decision was taken due to my age at the... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 1, 2023

Since your I-130 petition was approved in 2019, you are now eligible to apply for a green card through your father, who is now a green card holder. The documents that your father can submit on your behalf include:

* **Form I-485, Application to Register Permanent Residence or Adjust...
Read more »

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: I-130 Case question

I am on a I-130 case (my father's wife was filed for by her US citizen dad)that was approved in 2019 but i wasn't given the opportunity to get processed by my parents even though USCIS provided an option to us to continue with me on the case. This decision was taken due to my age at the... Read more »

Monica E Rottermann
Monica E Rottermann
answered on May 30, 2023

As a green card holder, your father can file an I-130 petition for you, as long as you are unmarried. Visa availability depends on what country you are from and you can check the Visa Bulletin for an idea of how many years it will take for a visa to become available to you:... Read more »

View More Answers

2 Answers | Asked in Real Estate Law for Florida on
Q: Looking to purchase a condo in FL with seller financing. He wants to do a land contract. Who’s name will the title be in

How does this get filed with the state? I want to make sure I’m protected. The interior needs work and I don’t want to put the effort and money in if this isn’t legitimate. We have agreed on terms, what do I need to do to make sure I’m covered?

James Clifton
PREMIUM
James Clifton
answered on May 29, 2023

It is generally unadvisable to purchase property any other way than with a traditional deed and mortgage. Many times people who don't fully understand the implications of financing the sale of their own property think that there are forms like a land contract that somehow protect them more... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Florida on
Q: Hi, so I just turned 19 and have been gifted a handgun, it's a ghost gun (big gray area there), can I legally carry it?

When I say carry it I mean concealed and put away in my car. If not what exactly would be wrong with it? Certain class misdemeanor or a felony?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 30, 2023

Yes, you can have it in your vehicle "if the firearm ... is securely encased or is otherwise not readily accessible for immediate use." See Florida Statute 790.25 (5) and, generally, see:... Read more »

View More Answers

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 Divorce, Estate Planning and Real Estate Law for Florida on
Q: If we bought a house during our marriage and got divorced and remarry each other and one of us dies, who gets the house?

When we bought the house it was tenants in common with right of survivorship after we divorced it automatically converted to tenants in common with 50/50 ownership. Now that we remarried each other will it reconvert to tenants in common with right of survivorship!

Paul Michael McDermott
Paul Michael McDermott
answered on May 27, 2023

Interesting question. In my opinion as a family law attorney, remarriage does not automatically "reconvert" the property title. You might consider executing a Quitclaim Deed - both as grantors and both as grantees to give you both equal rights as "Tenants by the Entireties,"... Read more »

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 Traffic Tickets for Florida on
Q: Got a speeding ticket and cop changed the amount to a higher number after ticket was printed. Can he do that?

I got pulled over for speeding in Palm Bay Fl. Cop wrote the ticket and he was mad that I asked for why I didn’t get a warning. Had to try

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Good rule of thumb is don't upset the police officer that is writing you a ticket, you may get something you don't want. Is it invalid? Depends. If he originally gave you a break and wrote a lower speed because he though you had a good attitude then you were a jerk, it is not invalid,... 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.