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Questions Answered by Bruce Alexander Minnick
2 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: During this unusual time, if you don't pay rent can a landlord charge late fees later when you do pay?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 31, 2020

In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world, while at the same time millions of small businesses and landlords are also dealing with a zillion new issues, I have... Read more »

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2 Answers | Asked in Employment Law for Florida on
Q: My wife was sent home from her job without pay due to a positive COVID-19 test result at my hospital. Is this legal?

I work in a hospital and do not have direct contact with an patients. We recently had a positive test result at the facility, and the patient is already discharged.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 31, 2020

In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world I have decided not even to try to answer any of the scores of "what if" questions being posted by askers here on... Read more »

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1 Answer | Asked in Tax Law for Washington on
Q: I didn't file my taxes from 2008 and possibly 2007 due to the fact that I was both physically and mentally impaired

At this time. I was due a refund and was wondering if I am still eligible for it? I read somewhere that exceptions were made for such impairments. I haven't worked since till this year when I did file and will it effect this or the 1200 stimulus check I may receive?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 31, 2020

Sorry, but you are way too late to try to catch that gravy train--which left the station over 12 years ago. But who knows? If you did file a tax return for 2018 you might luck out and receive $1,200.

1 Answer | Asked in Tax Law and Child Support for Kentucky on
Q: Covid-19 stimulus check and back child support.

My wife and I filed jointly in 2018 I made more than her that year. We also have two children 5, and 7. I own back child support. Will they not give my wife and children their Portion of the stimulus check? Also if it is offset will it go to my back support? I have read the 147 page bill signed... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 31, 2020

In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world--and all the new financial tricks going out of Washington--I have decided not even to try to answer any of the scores... Read more »

1 Answer | Asked in Tax Law for New York on
Q: Under the covid stimulus package, will I be able to receive 2017 and 2018 tax refunds that would otherwise be garnished?

According to the covid stimulus package, those who are in default of their student loans will not have their tax refund garnished. My question is: Does this apply to only 2019 tax refunds, or will it also apply to 2017 and 2018 refunds? I am entitled to refunds for the past three years and never... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 31, 2020

The stimulus does not involve tax year 2019--because 2019 tax returns are not even due until July 15, 2020. Moreover, If you have never filed tax returns for tax years 2018 or 2017 you will probably not receive any stimulus check.

3 Answers | Asked in Tax Law for Nevada on
Q: I haven't paid taxes in a while and looking to clear everything up. How do you do that?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 31, 2020

If you are suddenly repentant because you would like a $1,200 gift from Uncle Sam you might find out that the money it will cost to go back several years to try to play catch-up will exceed the $1,200--plus put you back on the IRS radar.

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Florida on
Q: Can I change jurisdiction of custody and child support from WV to FL. This is a dom violence situation, we have 2 kids,

Out of my and my families fears, and being turned down 2 times for restraining order. I was granted the motion to move to FL to be close to my mom. However, my eldest (who has special needs) wanted to stay with his grandparents (ex’s parents). Although it was hard, with his history (my son) of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 31, 2020

The only possible way to "change jurisdiction" is to petition the West Virginia court now having jurisdiction; look at any of the many court documents you have to find out where the W. Va. court is, and then call the clerk of that court.

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3 Answers | Asked in Family Law for Florida on
Q: I'm trying to serve my soon to be ex who is on base. He refuses to help and his command wont answer any calls or emails

We cant serve his family like the sheriffs office told us to because his father rejected the serve. I filed an alias summons but now don't know how to serve him because he is on base in NC. He demanded the divorce and is now wont help because he does not want to lose any of the martial money.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 31, 2020

Why are you trying to do all this work without a lawyer?

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1 Answer | Asked in Banking, Civil Litigation and Constitutional Law for New Hampshire on
Q: What standing does the 14th amendment have over any type of bank debt ? My understanding is debt occured that is funded

By the European Cental Banks (Fed is funded by those banks) are unconstitutional under the 14th amendment ?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 30, 2020

The fourteenth amendment does not apply to any sort of "bank debt" per se--European or otherwise. The fourteenth amendment--among many other things--protects all individuals subject to the Constitution--and certain entities--from a state government "taking" of property without "due process of law."... Read more »

1 Answer | Asked in Employment Discrimination for Florida on
Q: I was wrongfully terminated during a pandemic. There is policy I broke but the policy states could be corrective action

The policy states it could be a corrective action UP TO termination. It’s a lot of grey area. I believe my boss who dislikes me terminated me as retaliation instead of issuing the corrective action.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 30, 2020

If you feel you have been discriminated against by actions of your supervisors or co-workers at your workplace because of your race, age, gender (including sexual harassment), sexual orientation or national origin, religion or marital status or because you have a disability, or feel you have been... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: I was recently laid off from my job. The reason that was stated was force reduction

My job was posted on the Company website 5 days later. I was not even given an offer to keep my job but at a lower rate of pay. 3 people were laid off, myself being one of them, the only person that was given the opportunity to stay on was the executive assistant, he took a pay cut. It seems like... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 30, 2020

It sounds like your employer is trying to take advantage of the national health crises to get rid of senior employees by "laying them off" (which BTW entitles you to file for unemployment benefits).

So, if you feel you have been discriminated against by actions of your employer,...
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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: We made arrangements to rent a condo in Florida from April 3rd to April 12, 2020. We would like our full payment back

Michigan residents are ordered to shelter in place. Florida has closed many beaches including Indian rock beach which is where this condo is located. Florida is also asking visitors to shelter in place for two weeks upon arrival.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 30, 2020

Rather than try to find--and pay--a lawyer to help you do the impossible I strongly suggest that you voluntarily offer to delay your arrival until some future date--after the Corona Virus is history--in return for a full credit voucher for another identical vacation at the same destination. A bird... Read more »

2 Answers | Asked in Contracts, Civil Litigation, Collections and International Law for Florida on
Q: Can an American living in Germany be successfully sued or have collections put against them from someone in the states?

Im an American living in Germany and do not plan to return to the states. I signed a contract with a company out of Florida regarding medical consulting in relations to a claim with the Veterans Administration (Im a vet). The company did not do as advertised and thus we are in a dispute over... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 30, 2020

Yes, an American living in Germany can be sued on a contract that originated anywhere in the United States; and yes, if the government (or private contracted) lawyer suing you on behalf of the Veterans Administration is smart enough, you might see all your worst fears come true.

On the...
Read more »

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can you get evicted from a rental during a national disaster such as the Covid 19 Pandemic?

The Condo owner raised the rent effective April 1, 2020. Just want to know my options, if any. Thank you.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 30, 2020

In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world I have decided not even to try to answer any of the scores of "what if" questions being posted by askers here on... Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I signed a lease from 4/12/19 - 4/12/20. I vacated on 3/31/20. I’m still paying rent for April. She wants to charge $2k?

I signed a lease agreement from 04/12/19 - 04/12/20 in Gainesville, FL. I’m a medical professional, and was recruited to work with COVID19 patients out of state. On 03/17/20 I emailed my landlord to determine April’s rent (all other months were paid in full & on time) and was told because I’m... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 27, 2020

Stop arguing with your landlord and calculate the pro-rated rent for April. Simply divide the current monthly rent by 30 days and then multiply that daily rate by 12, to get the correct amount due for the last 12 days of your rent owed. Then send that amount to the landlord and tell them in writing... Read more »

1 Answer | Asked in Business Law, Construction Law, Contracts and Employment Law for Arizona on
Q: if i work for one client at a time and i stake construction without survey license, im within ARS 32-101?

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Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 27, 2020

You are not competent to read the law and determine what it means and whether you can do what you are trying to do. While I have not read the law either I can tell you that if ANY Florida law requires any sort of "certification" before anyone can do whatever the law covers, you cannot avoid the... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Florida on
Q: Can a 20 year old financial dependent in good mental state be claimed a runaway by their parents in the state of FL?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 27, 2020

What do you mean by "financial dependent" and "runaway"?

1 Answer | Asked in Banking for California on
Q: Can a lawyer open up a bank account for me in the USA? I'm foreign and need a USD account.

I'm Swiss, living and working in Mexico. I need urgently a USD account for my business (not company but registered as physical person with economical activity in Mexico). Is it possible to hire an attorney (or someone else) to open up a bank account in my name in the USA?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 26, 2020

What you are asking for is fraught with suspicion--and possible danger--both for you and for any lawyer willing to try to help you. There are legitimate ways for foreigners to hire lawyers in the United States; I have several international clients. And there are also ways that the lawyer you hire... Read more »

1 Answer | Asked in Estate Planning and Tax Law for California on
Q: Will I receive a check from the stimulus?

I am trustee of my deceased parents trust and estate, mom died in 2003 and dad in 2014. The assets of the trust are a supplemental investment plan my dad had that I now have and draw money from each year; the balance in the plan is now around $80,000 and I have been drawing $10,500 each year. I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 26, 2020

No.

2 Answers | Asked in Estate Planning and Tax Law for California on
Q: I file a fiduciary tax return for my deceased parents trust every year. The income is less than $75K.

Will I receive a stimulus check?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 26, 2020

Sorry to tell you that children of deceased parents who are still operating their deceased parents trust that is earning the trust (and its beneficiaries) $75,000 per year in 100% passive investments will not ever qualify for any government stimulus payments.

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