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Questions Answered by Bruce Alexander Minnick
3 Answers | Asked in Contracts for Florida on
Q: I was employed by a small business owner, the CEO & friend. During my employment he made a verbal agreement to pay me

$13,000 based on the presidential election results (a bet). He began paying me 2/4/21. He made 7 payments & changed the terms of payments verbally 3 times. On 9/15/21, without warning or cause ‘eliminated my position’ within the company (which has 7 employees including him). During the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 20, 2021

The most important thing you got out of this sad experience is knowing that your "friend" does not live up to his word.

So-although you may not prevail against this person in small claims court--where the maximum amount sued for must not exceed $8,000--you may get some...
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1 Answer | Asked in Banking for Florida on
Q: In 2007 I co-signed on a home improvement loan on which only 2 payments have been paid between 2007 and 2010

After 2010 no payments have been made.Bank documents show in 2012 loan was written off and in 2017 statute of limitations had been reached. Question is can the bank still hold my mortgage?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 18, 2021

Yes.

As long as the mortgage company still holds the mortgage against the property no one will be able to sell it or transfer ownership until all the liens are paid.

The worst part of this sad situation is that the original amount of the home improvement loan borrowed in 2007 has...
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1 Answer | Asked in Banking and Business Law for Florida on
Q: my bank is denying me the release of my funds its been over 90 days is that legal? they closed the account july 26th

the deposit was a ppp loan that the security team failed to verify upon initial deposit and erroneously released the funds i was unaware of the loan not being fully verified i used 1600 of it and on july 4th they closed my account under fraud. turns out it was the mistake of an employee not fully... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 9, 2021

This problem is not unusual.

The PPP loan program was the first of its kind ever; and the government allowed the nation's banks and other financial organizations to make too many lending decisions that the SBA should have made.

I have helped at least a dozen people in similar...
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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Whats next in a holdover eviction?

I served a 30 day nonrenewal of my month to month tenant. I then filed eviction including lease and notice copies. Sheriff prioritizes holdover so tenant was served the next morning giving her 5 days. I don't think she's filed a response. Her 5 days were up yesterday. What do I do now? Do... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 4, 2021

Why don't you hire a lawyer?

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3 Answers | Asked in Civil Litigation and Probate for Florida on
Q: What recourse do I have w/ a law firm on the problem stated below?

An aggregate settlement for 25 cases on a tobacco case was won in Dec. 2020. 24 cases were paid out. We just found out that information yesterday. Our settlement money was still in this firms trust account after 9 months. I believe that they caught this mistake because one more tobacco case we... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 30, 2021

Surely you must know the court where the class actions were filed and litigated, and must also know the name of the lawyers who represented the class you were in; and if not, Google the name of the case and follow the Yellow Brick Road.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: My apt was sold and I have no info on current owners. There is no leasing agent.

My current lease expires on Oct 31 and my rent is due tomorrow but I cannot pay it without the name and address of the new owners. My lease agreement says I must give 30 days notice to vacate or pay an additional months rent. which I obviously can't given the circumstances. I cannot afford to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 30, 2021

Why not ask the property management company that has been accepting your payments since last October?

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can our landlord evict us if we can’t find a new home if she is selling the home?

We’ve been living at our residence for 3 years. Our landlord is selling the house and our lease ends September 30. We’ve been trying to find a home but it’s been very hard because the rental industry right now is very low. We’ve been working endlessly to find a home to move out but we just... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 28, 2021

Mr. Kaufman is 100% correct.

I am only writing this to be sure you understand everything involved here.

If your lease is up September 30, you have less than two more days to find somewhere to go--UNLESS the owner allows you to stay on for a few more days to allow more time for you...
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2 Answers | Asked in Landlord - Tenant for Florida on
Q: If I am renting and the owner does not fix the A/C, can I withhold the rent and move without legal ramifications.

There is a management company managing my unit and the owner is not responding to approve the repairs of the A/C unit.

They have known about the estimate for over a week and they have yet to approve the repair/parts.

I have offered to pay for the $400 repair and take it from my... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 27, 2021

Consider trying the "Two Step Tango:

Step 1. Locate a new place to move, start packing everything and get ready to relocate in very short order.

Step 2. Locate and hire a very experienced Florida lawyer to write the landlord and the management company a very short-fused...
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1 Answer | Asked in Employment Law for Florida on
Q: Can I sue an employer for not hiring me?

They have all of hiring paper work with information such as my ssn etc. I have been in contact with someone since June and she keeps “sugar coating” reasons why I haven’t started

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 27, 2021

Sure, in America anyone can sue anyone else anytime over anything. However, you will not win if you do. Why?

Because Florida is an “at will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or...
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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...
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1 Answer | Asked in Employment Law for Florida on
Q: Does Amscot have a case for violation of non compete clause if you get job at a bank?

Amscot isn’t a bank, it’s a check chasing store, cash advance and bill payment place.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 22, 2021

Probably not; however, I cannot advise you properly unless I see a copy of the non-compete clause itself.

1 Answer | Asked in Consumer Law, Contracts and Products Liability for Florida on
Q: Does the Truth in Lending Mean I don’t have to make a down payment on a car
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 21, 2021

No. "Truth in Lending" is a well-used financial phrase used to remind people that the government requires lenders to disclose all the interest, fees and other costs related to each lending transaction.

However, it does not apply to every kind of lender there is out there; for...
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2 Answers | Asked in Family Law and Child Support for Florida on
Q: I'm Pro Se in a Child Support Modification Petition. Am I supposed to name my mother as a "non-lawyer"?

At my request, my mother is helping me to fill out the legal forms and file them online. Do I have to name her as a "non-lawyer" on the legal forms?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 20, 2021

Unless the pro se form specifically asks if anyone helped you complete the documents do NOT tell them anything.

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2 Answers | Asked in Landlord - Tenant, Personal Injury, Civil Litigation and Education Law for Florida on
Q: Can a university evict someone without compensation or notice for testing positive for COVID-19?

My vaccinated friend caught COVID-19, spread from an unvaccinated student, his next-door dorm neighbor. They have isolation dorms specifically to quarantine people and promised reservations for those who were vaccinated. The rooms are all full because they gave them to anyone who got sick instead... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 8, 2021

If your friend wants legal help the very first thing your friend MUST do is to seek legal assistance for him/herself. For reasons that should be obvious, lawyers cannot assist people through other people--unless the person is a child. And even then the child's parent is the person who can seek... Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord ask me to disclose my Covid status and force me to turn in a negative test? It’s not even CDC protocol.

During Covid outbreak, same said landlord, locked down the property (over 200 apts) for about 2 months, and forbid all residents from receiving any guests including family. No, it says nothing about them being able to have that kind of control in our contract.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 7, 2021

You have it backwards: Your lease does NOT have to say anything about the landlord doing the right thing in order for them to do it.

Unless your written lease actually forbids your landlord from taking reasonable steps to protect all the tenants in your building and in the entire complex...
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2 Answers | Asked in Small Claims for Florida on
Q: do I have to pay 20 year old debt

in 2001 i left my boat at the marina unable to pay rent yesterday i got letter to pay money

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 3, 2021

No, but forget about the boat.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Does my landlord need to give notice if he does not wish to renew our lease?

We moved in 1 year ago after relocating from NJ, we signed a 1 year lease with the property management company. This company is telling us the landlord is no longer using them as management as of September 22nd (19 days from now) which is our lease end date as well. They told us he won't... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 3, 2021

1. No, your landlord does not have to give you any notice that they do not want you there past the lease end date.

2. And no, you do not have to give any notice if you know the landlord does not want you to stay past the end date.

3. And no, there is nothing you can do about...
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1 Answer | Asked in Employment Law for Florida on
Q: As an employee who is currently working 100% remotely, can by company mandate that I get a COVID vaccine now?

My job is currently 100% remote and has been since March of 2020. We are so “remote” we are not even allowed into our former office building to retrieve personal or work related items. There are currently no dates or plans for us to return to working on-site. They are now mandating that even... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 1, 2021

Your employer's "legal right" to terminate you is absolute in Florida. It has nothing to do with whether you are working remote or not.

Warning: They are probably mandating the vaccine in order to find out who the naysayers and vaccine resisters are so they can thin the herd...
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4 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: How can you prove a person to be an attorney?

My daughter is looking to rent a house in FL. During a chat with the person, the story changed a little. He indicated that the security deposit was going to be held by his attorney, then changed his mind when pressed for the attorney name. He has now provided a number and a name of a person... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 1, 2021

The lawyer holding the deposits does NOT have to be a Florida lawyer.

Solution: CALL THEM AND ASK SOME QUESTIONS.

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1 Answer | Asked in Small Claims for Florida on
Q: I am being sued by a collection agency. I was served a summons but the claim attached is for someone else.

LVNV is the plaintiff in broward county small claims court. I looked online for the court documents filed were for me. I was going to file an answer after I was served. When I read it over the claim served to me was for someone else being sued by the same law firm. I dont know how I should... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 31, 2021

Wait as long as possible and then file a ANSWER, using this fact as your first affirmative defense.

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