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Florida Civil Litigation Questions & Answers
2 Answers | Asked in Contracts and Civil Litigation for Florida on
Q: Do I have to respond to Defendant's Affirmative Defenses and move to judgement against me, plaintiff?

This is a Civil Circuit case in Florida.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 5, 2022

If you don't want your case to get confused by the affirmative defenses, and you don't want to have to deal with them if you go to trial, you can move to strike them. I'm not sure what you mean by "Do I have to ... move to judgment against me ...". For further... Read more »

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2 Answers | Asked in Civil Litigation, Collections and Real Estate Law for Florida on
Q: Can a creditor of mine put a lien on a house that my wife and I own together? It’s our primary residence.

I am thinking about filling bankruptcy, but I have previously filed (July of 2015). So if I do decide that I need to I have seven months to wait.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 3, 2022

Yes, a creditor of yours can record a judgment that becomes a lien. What it cannot do is foreclose on the lien. Should you file and your bankruptcy is discharged, this judgment will be discharged and the lien evaporates as a matter of law.

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1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: I was towed in 2020 on jan 20th in new hampshire. The tow was illegal. Is there anything i can do? My vehicle was damage

I was at the gas station to buy wine. The attendant thought i parked illegally. I went across the street to sign out from work. I had forgotten to sign out. I came back and the tow truck was there. The vehicle was not hooked yet. The cops pulled me from.my vehicle and injured my leg giving me blood... Read more »

Charles M.  Baron
Charles M. Baron
answered on Dec 2, 2022

Yes - for the police misconduct causing physical injury, search for a New Hampshire civil rights attorney. For towing company's negligence causing auto body damage, set up a claim with the towing company's insurance company (no attorney necessary, unless towing company refuses to... Read more »

2 Answers | Asked in Civil Litigation for Florida on
Q: How do I (Plantiff) as a Pro-se, ask for a case to be dismissed, but if the harassment starts again, I'd like to reopen
Charles M.  Baron
Charles M. Baron
answered on Nov 28, 2022

You can file a voluntary dismissal without prejudice (meaning with the ability to re-file later) but BEWARE: if the defendant has incurred any costs and/or attorney's fees in defending the case, he/she potentially could file a motion for an award of those costs and/or fees after you file a... Read more »

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1 Answer | Asked in Land Use & Zoning, Real Estate Law, Civil Litigation and Energy, Oil and Gas for Florida on
Q: Do I have any recourse against a neighbor who installed solar panels on their roof which now causes glares into my house

At certain times of day I get a blinding glare from the sun’s reflection off their solar panels resulting in loss of use of my kitchen, breakfast nook, living room and patio. HOA says the laws are on their side and the homeowner will not do anything as their installer claims this would reduce... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 28, 2022

Draw the blinds? You have no options against the installer. It's remotely possible you have a claim against the homeowner. You'd have to retain an attorney to research the law to determine if you have a case.

3 Answers | Asked in Civil Litigation and Personal Injury for Florida on
Q: I am presently being sometimes respected sometimes not by Rubinstein in law. The whole firm has ignored my injuries

My rights I am on SSDI they have been ignored. I went to college for paralegal studies. I am undergoing so many surgies. He put on public record that Megan paradis is suing Publix with no representation. My injuries have been ignored. Now supposedly him and Irwin ast and Leo are my co... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 24, 2022

You have the unconditional right to discharge your lawyer at any stage of litigation. Once you hire a new attorney, the old attorney will have a lien on the new attorney’s share of the disbursement once the case settles. (For work done by the old lawyer). In other words the Lien will not attach... Read more »

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1 Answer | Asked in Personal Injury and Civil Litigation for Florida on
Q: I'm inquiring about whether or not there I s a class action lawsuit pending against Aladan corp

Has anyone complained about family members becoming sick do to employment with Aladan Corporations?

Tim Akpinar
Tim Akpinar
answered on Nov 17, 2022

A Florida attorney could advise best, but your question remains open for a week. You could usually find cases under the databases of state court systems. But with class actions or multidistrict litigation involving large companies, venues could be scattered. You could run some online searches of... Read more »

2 Answers | Asked in Civil Litigation for Florida on
Q: I was served a summons for small claims by 3rd party collection company, the summons did not have my legal name on it

The documents they attached also did not have my name on them, We are a family of three, a Sr, Jr and the 3rd

Charles M.  Baron
Charles M. Baron
answered on Nov 7, 2022

You did not ask any question. If you are want to know what to do about your situation, the answer is to schedule a legal consultation for review of the served documents.

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2 Answers | Asked in Civil Litigation for Florida on
Q: I was served a summons for small claims by 3rd party collection company, the summons did not have my legal name on it

The documents they attached also did not have my name on them, We are a family of three, a Sr, Jr and the 3rd

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 8, 2022

The big issue is this: did you incur the debt? If, for example, your name is John Doe, Senior, Or John Doe the Second, and John Doe the Third actually owes the debt, at the small claims pretrial conference you would tell the judge and the attorney for the creditor that they have the wrong person.... Read more »

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2 Answers | Asked in Civil Litigation, Education Law and Real Estate Law for Florida on
Q: Under what law am I or anyone , required a GED to become a real estate agent.

I’d like to know the exact law or statue that states I have to have a ged to attend classes to become a real estate agent. Or any other special trade school.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 6, 2022

Section 475.17(1)(a), Florida Statutes, requires you to be a high school.diploma graduate or equivalent, as the minimum education level, to be a licensed real estate agent

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1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Medical Malpractice for Florida on
Q: Who shall we, the people, contact, to change a statute?

FL Statute 768 is quoted by Lawyers to me, in their efforts to don't present a medical assassins case, every time I consult every Lawyer I've consulted, after a group of Doctors murdered my mother in front of my eyes with their protocols, practices, and deftly persistent actions against... Read more »

Charles M.  Baron
Charles M. Baron
answered on Nov 4, 2022

So sorry to hear about your tragedy. Florida Statutes are enacted, amended, or repealed by the Florida Legislature, where you are represented by your State Senator and your State Representative. If you don't know who they are, you can find them by inputting your address here:... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Q: Name of document for Offer of Judgement

Hello,

If I want to make Offer of Judgement in civil case about deposit relates to real estate sales and purchase contract in Florida, can it be named "DEFENDANTS’ PROPOSAL FOR SETTLEMENT TO PLAINTIFF" or it should be named strictly "Offer of Judgement"?

And... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 27, 2022

It really doesn't matter what you title the document (perhaps the best is a combination of the above - "Plaintiff's Offer of Judgment")

You MUST refer to both the rule and statute. Offers of judgment are construed extremely narrowly, but you must make sure that you make...
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2 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for Florida on
Q: I won a $6000 smallclaims suit against an autoshop.The owner want me to get a lawyer to arrange payment. Can you help?

The owner of an auto repair shop I just won a $6000 small claims suit against want me to get a lawyer to arrange the payment. Can she make me do that? Do I have to do that? Do I have to get a lawyer? Do I have to take her to court again?

Charles M.  Baron
Charles M. Baron
answered on Oct 26, 2022

Can she make me do that? No. Do I have to do that? No. Do I have to get a lawyer? No.

Do I have to take her to court again? Only if she fails to pay the judgment, in which case you may execute on the judgment by garnishing the business's bank account (basically, you can...
Read more »

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1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: Is a "no refunds" clause in a contract absolute?

I signed a contract with a photographer for his services at my daughter's wedding and reception. The wedding and reception were cancelled. The contract has a no refunds clause and the photographer refuses to refund ANY of the amount I prepaid. He did do some work taking engagement pictures and... Read more »

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Oct 26, 2022

Nothing in a contract or the performance thereof is absolute. However, most clauses like that are generally enforceable. Contract law can come down to the *exact* wording of the contract and its clauses. A misplaced comma can change the obligations of the parties, for example. That being said, what... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Civil Litigation for Florida on
Q: 2bedroom condo bought 1973. G-ma (owner) died in 2000. Court “distributes” to daughters. Default ownership type in FL?

Broward county FL. I see sales papers between grandma and developer 1973. Later in year, I see a deed JTRS between grandma, and then mom&dad, and aunt&uncle. 5 months later in 1973, I see 2 quitclaims from mom&dad to grandma, and another from aunt& uncle to grandma. Did they undo... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 25, 2022

If this is not an essay question on a college undergraduate or law school exam, it should be.

If it is a (really complicated) real-life situation, get off the Internet and call a probate lawyer in the town where the property is located.

1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: I am seeking information regarding home contractor I hired. He has taken money for remodeling job he didn't do.

I am 71 yes old and I need help getting contractor to finish the job or reimburse money. He.just keeps promising and never delivers. He has been at this since last March. Any assistance would be gratefully appreciated. Thank you. Carol S

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Oct 20, 2022

Hello Carol,

You should find all of the relevant documents and arrange for a consultation with an attorney who handles breach of contract cases, business litigation, and/or commercial litigation. Many law firms provide free consultations. You will need to present that contract to the...
Read more »

2 Answers | Asked in Business Law, Civil Litigation and Contracts for Florida on
Q: I need a owner financing note that vehicles.

I need a owner financing document that protects me from buyers that will take the vehicle, never make a payment under contract, or total the vehicle and never make a payment again

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 20, 2022

If you are a private individual selling a car, you should NEVER sell a car unless you receive payment in full at the time of sale. If you are a dealer, you should have ample availability to lenders and/or you should have a professional business relationship with an attorney who can provide you with... Read more »

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1 Answer | Asked in Civil Litigation for Florida on
Q: I received a notice for failure to prosecute. What do I need to send the judge so he will grant me the court costs?

Civil matter, Judge granted my property and home back after it was stolen from me. Now I'm wanting him to grant me the court costs.

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 17, 2022

A motion to tax costs.

1 Answer | Asked in Civil Litigation and Health Care Law for Florida on
Q: what medical forms must be presented to the court as proof of the illness of a participant in the process?

Hello!

During the case in civil court, what medical forms must be presented to the court as proof of the illness of a participant in the process?

Are there special forms of medical certificates for the court?

Thanks in advance!

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2022

A Florida attorney could advise best, but your question remains open for two weeks. It isn't fully clear what type of matter this involves. But almost universally nationwide, any proceeding that requires verification of an injury, illness, disability, etc. will require supporting medical... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Florida on
Q: My son was a victim. A plea deal is set.I have a civil Lawyer..are assets applicable despite exemption laws?

He had to go through testing prep meds and testing bc of this. I just want to know if assets partially even can be included for pay out.

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 4, 2022

All and every question you have should be directed to your attorney. He knows your case, and this is what he does.

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