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Questions Answered by Bruce Alexander Minnick
2 Answers | Asked in Collections for Florida on
Q: I have a judgement against a person that I lent money to (over $10,000). I don’t know how to collect.

I paid an attorney to handle this case. He obtained the judgement then told me that he couldn’t find her, even though she had attempted to see him. He admitted this to me, then later changed his story.

After I received the judgement, he told me that I was on my own as far as collection.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 28, 2020

I have a suspicion that you will not like my advice, but here it is anyway:

1. There are many very experienced lawyers in Florida who know how to enforce judgments.

2. Most of them work on a contingency basis, usually taking 40% of the net proceeds received (after costs are...
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2 Answers | Asked in Securities Law for Florida on
Q: What is meant by "This offer to compromise shall not be admissable in any subsequent claim for liability."?

From a Securities firm who wrongly allowed TOD beneficiaries to be removed and the account went to probate

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 24, 2020

Mr. Thorgaard is correct.

However, your question compels me to ask whether or not you have consulted an experienced securities lawyer to review the settlement offer itself? If not you might be making a big mistake. An experienced security lawyer can get you more money if they are good.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Is my landlord responsible for lawn maintenance and repairs?

I have been in the home 8 years and have been paying $85 a month for lawn maintenance and as well have paid for many repairs as Ac and screen enclosure damaged due to past hurricane and the landlord was well aware of it and told me a few times his Repair man will be free to do repairs up to two... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 24, 2020

You should present you claims to the court when they serve you in the eviction proceeding.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can I break a lease on my apartment due to safety and a health hazard?

I live in apartment and I am unable to use my screened porch and Closet on porch for 4 years now. The porch beam that is supporting the 2nd floor porch is rotten and collasping. Due to the rotting beam, water is leaking into storage closet and porch causing mold, smelling and odor. When I go out... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 23, 2020

While I cannot advise you what to do or advise what might happen if you do break your lease I will tell you that most cities and counties in Florida have great health departments that tend to situations exactly like this. Give yours a call.

2 Answers | Asked in Criminal Law, Arbitration / Mediation Law, Civil Litigation and Small Claims for Florida on
Q: I sold a trailer but because of a EMERGENCY I had to leave state before I could give him his trailer.

Now I have to stay longer than expected. If we made an agreement on payments to pay him back, could he have me arrested of I fail to make payments on time?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 22, 2020

I am very sure you know the answer to this question; and I certainly hope you did not steal the trailer you sold because there might be a felony warrant out waiting for you to come back to Florida as I write this response. (Note: If you read my clear warning as an excuse not to return to Florida,... Read more »

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1 Answer | Asked in Tax Law for North Carolina on
Q: I purchased a church in Scotland Neck I pastor the church now I am told I have to pay taxes, aren't churches tax exempt?

It was a church when I purchased it and it still has been until this very day I don't know what to do, a member on the Halifax county board owns the property right beside it and he was interested in buying my church however I didn't want to sell it seems to me as a manipulative way to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 21, 2020

Every city and county and state I have ever heard of requires churches and nonprofit businesses to register and apply for tax exemptions.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: I am currently renting, can I stop the landlord from showing my home during the pandemic? he is trying to sell

my landlord contacted me stating he has someone coming today for a home inspection, got a knock on the door and it wasn't a inspection at all, it was a woman that was told to come view the home for a potential sale.

What are my rights here in Bradford County FL, can I prohibit the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 20, 2020

If you have a written lease this subject will be presented somewhere in it. At best all you can do is restrict the number of visitors, the times when they can visit and requiring much more lead time than they just gave you.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Thank you for the response.

Thank you for the response. Back taxes aren’t an issue. I was stating that there were taxes owed. I’m just trying to find out if I have a leg to stand on here. The person I initially rented from is no longer the owner and the current owner is dead with no heirs that I’m aware of.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 18, 2020

1. Sorry, but no, you have no LEGAL leg to stand on. Yet.

2. On the other hand you do not have to move at the end of September; nor do you have to keep paying rent to the person who told you to leave--because they do not own the place; the real owner does.

3. So who's the...
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1 Answer | Asked in Banking for Florida on
Q: Is it legal for a bank to require a non account holder to create a profile with personal information that includes DOB

social security number in their data base in order to cash a check less than $500. drawn from their bank. They refuse to cash the check unless I created a profile. I feel they are trying to invade my privacy, gathering information. Why is a driver license and a thumb print not good enough? Is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 17, 2020

IMO, you have four choices here: (1) Agree to do what the bank wants (and have no more problems); (2) open an account at the bank and have no further problems; (3) take your checks to a check-cashing company in your area (and have big problems if any check bounces); or (4) find a friend who will... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Roomate not on lease did not pay rent and now moved out and disappeared. What to do?

So my boyfriend has a best friend since middle school and we decided to pick him as a roommate, he paid rent on the first month then lost his job , my boyfriend didn't wanna kick him out because he felt bad, he decided to give time to have him find a job and pay us back , about 2 1/2 months... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 17, 2020

There is nothing you can do except continue trying to contact him.

1 Answer | Asked in Business Law for Florida on
Q: If a client stops paying with impact on ability to repay a line of credit, is there an obligation to notify the bank?

A client has decided to stop paying $2M in debt for services rendered. The company is taking legal action but ability to repay the LoC is impacted.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 16, 2020

IMO, there is no experienced Florida banking lawyer--including me--who sees this question who would stick out their neck to answer it. Why? Because six-figure financial business matters are far too important to the parties for you to be asking about it here. If you are worried about impact on you... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Will this lease automatically renew for one year if neither tenant nor landlord gives non-renewal notice? "

I have the following in the lease:

"This lease agreement is not constructed to be automatically renewed at the end of the term for which drawn, however the intent to renew this agreement by the Tenant(s) will be assumed. All parties will need to sign a new agreement in order to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 14, 2020

Sounds really clear to me: Unless BOTH parties sign a NEW lease the existing lease dies at the end of its term.

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Wife flew to see her mom with kids. She said she has tickets to come back monday. Now she isnt. Is that false pretense?

My wife's little sister came to see us. After staying a little over a week, my wife flew out Saturday to take her back. This time she took our kids too so that they can see their grandma. She said they have tickets to come back Monday so my daughter only misses one day of school and rhwy can... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 14, 2020

The answer you received from Mr. Thorgaard is correct.

I write merely to suggest turning this situation around and considering filing for divorce yourself, before the mother of your children does. The Court might not have jurisdiction over the children if she stays gone too long.

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2 Answers | Asked in Contracts for Florida on
Q: Having my right shoulder replaced. This is my signature hand, any documents I sign with my left hand will not match
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 12, 2020

Yes, everything you say is correct; so what is your legal question?

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1 Answer | Asked in Banking on
Q: If a bank manager issues NOC to any of the NPA borrower but account remains unclosed then what a bank manager should do?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 11, 2020

The bank manager should take this problem up with their supervisor.

2 Answers | Asked in Contracts and Real Estate Law for Maryland on
Q: What is the legal definition of when you have "secure financing" in the sale of a house? From case law or regular law?

If a contract says that a buyer has to "secure financing" by X date what is the actual interpretation of that? Do they need to be able to close the loan and sale or just show they have applied for a loan or just a pre-approval?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 11, 2020

It means the borrower has to be approved for financing by a certain date or else the contract can be cancelled by the seller.

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2 Answers | Asked in Real Estate Law, Elder Law and Landlord - Tenant for Florida on
Q: In my lease, I don't have a max occupancy but the landlord won't allow my elderly mother to move in. Is this legal?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 10, 2020

Regardless of why the landlord is refusing to allow your elderly mother to move in to your apartment with you, I am certain you will have to admit that you are changing a material term in the agreement: i.e., the number of occupants.

Written leases are written for a reason: to eliminate...
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2 Answers | Asked in Contracts, Business Law and Collections for Florida on
Q: After years of a successful verbal partnership, what steps to take to ensure protection prior to confrontation on $ #s?

Have a verbal contract with years of recorded deposits proving the contract/agreement exists, some email evidence, but after realizing inaccuracies between their accountant's #s and my deposit #s vs our agreement, prior to confrontation or making them aware of suspicion, I need to consult an... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 10, 2020

Preparing to litigate the accuracy of a large number of dollar amounts against a CPA or an accountant or bookkeeper is not a task for untrained pro se litigants; nor is this kind of litigation designed for the faint hearted.

Here is the advice I usually give to all people who think they...
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3 Answers | Asked in Family Law and Child Support for Florida on
Q: What does case status of consent judgement mean in a Child support case in which I'm the receiving Parent

I've received a letter from the Clerk of Courts over a month ago stating arrears are paid in full. Therefore the case is closed with the Dept. if Revenue. I've looked up the case order online the case status is consent judgement not closed!

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 10, 2020

A "Consent Judgment" means exactly that: The Court has entered a judgment that has been consented to by all the parties.

So it sounds to me like you probably agreed to pay all the back child support you owed in return for DOR dismissing their administrative case.

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2 Answers | Asked in Tax Law for Florida on
Q: Our mother has a ministry 501c3. What steps do we need to take to become a subsidiary ministry. Same EIN.

We want to be under the same umbrella

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 10, 2020

You can accomplish this by creating a new non-profit company in Florida--but there are significant problems that must be considered and solved, none of which can be taught to you here on this public website. Choose an experienced Florida business lawyer and contact them by email through Justia.

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