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Questions Answered by Bruce Alexander Minnick

1 Answer | Asked in Securities Law, Stockbroker Fraud and White Collar Crime for Florida on

Q: I am stuck in a shorting position of 4000 shares of $CETC (Hongli Clean Energy Technologie) that I am unable to cover

since the stock was halted on April 2017 and delisted from Nasdaq and never relisted on OTC. My broker at first said they wouldn’t charge short interest fees since the stock is halted.

But then they suddenly start charging  “Stock Borrow Fee” ranging from $500-$700 every month since... Read more »

Bruce Alexander Minnick answered on Sep 13, 2019

There are some critical facts missing from your facts: (1) Why are you asking for advice in mid-September 2019 about events that you say occurred in May 2017? There must be more than you are telling us.

(2) EXACTLY when did you short the security?

(3) EXACTLY when was the end date...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Arizona on

Q: Can the HOA force me to change the color of my garage door after 14 yrs, said was painted wrong when built?

Bought home 5 years ago, HOA inspection report made no mention of any violation or out of compliance issues regarding house color. CCR say I only need approval to change house color, yet they want me to change the garage door color. I say after 14 years, the current color I have is what I'm keeping... Read more »

Bruce Alexander Minnick answered on Sep 12, 2019

You are going to lose this fight.

2 Answers | Asked in Tax Law for Pennsylvania on

Q: I got a 10 day notice for public tax sale dated 8/19/19 I dident see it till now which is 9/6/19 what can I do.

we were going to pay the 450 that we owed for 2017 but I lost my job is there any way I can get back on a payment plan or do I have to sell my car?hopfully by the 12th at 4pm.

Bruce Alexander Minnick answered on Sep 11, 2019

You may be able to "get back on a payment plan" but not by asking lawyers here on Justia. Call the organization that conducted the tax sale.

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1 Answer | Asked in Tax Law on

Q: Is NON lump sum (6 mo. payout) severance pay taxed at the same 22% as lump sum on federal taxes?

My company laid me off last week. Per my contract I am to receive 6 months of severance pay at my full pay rate. They are taxing me at 22% federal rate. I know that lump sum severance is taxed at this rate, but is it correct for them to do this at a 6 month payout on regular amount pay? To clarify,... Read more »

Bruce Alexander Minnick answered on Sep 11, 2019

Yes, the IRS requires employers to deduct 22% of any severance amount, regardless of how that severance amount is paid to the employee. If you think this is unfair it must be because you have not done--or perhaps cannot do the math. Withholding 22% of any amount of money paid in a lump sum is the... Read more »

1 Answer | Asked in Contracts on

Q: Is there anything I can do if my employer wanted to change a signed contract concerning salary amounts? Like $11,000?

I have signed a contract with the local school board at a set salary amount, and now they have said they "made a mistake" and now want to pay me $11,000 less than the agreed amount. Is there anything I can do about that? The contract was all signed and agreed upon and a month later they claim... Read more »

Bruce Alexander Minnick answered on Sep 11, 2019

If you are considering hiring a lawyer to enforce what appears to be a very common "gotcha" situation you are wasting your money. There is nothing legal you can do. Why? Because school boards and all other government entities are not immune to making mistakes.

The only decision in front of...
Read more »

2 Answers | Asked in Legal Malpractice and Landlord - Tenant for Florida on

Q: Is renter or owner responsible to replace sod in yard?

I have tried methods to resolve over the 3 years I have lived in this house. Nothing held up. All other houses around me have added new sod over that time. I have had several companies come out to assist. All recommend new sod. Landlord is saying this is my responsibility. A daily fine will... Read more »

Bruce Alexander Minnick answered on Sep 10, 2019

Unless your lease says otherwise, if you are renting a place inside a gated community (or under the control of an HOA), the HOA cannot fine you for not having new or better sod--because having nice sod is the owner's responsibility. If the HOA will send a warning letter to the owner that would... Read more »

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1 Answer | Asked in Child Custody and Family Law for Florida on

Q: could you explain to me the scope of responsibility of an Daurdian ad Litem in a child dependancy case..

gaurdian ad kidem seems to be overstepping her boundries in my on going child dependancy case. or modern day witch hunt as i have grown fond of calking it. gave me direct cut and dry orders that my child could not go to the school she was currently enrolled and needed to be reenrolled in the... Read more »

Bruce Alexander Minnick answered on Sep 9, 2019

Be very careful because the Judge knows the guardian ad litem a lot better than they know you; be prepared to convince the Judge--not the guardian--that the school you want to send the child to is fully accredited and is otherwise a good school. Too many parents think the public school system is... Read more »

1 Answer | Asked in Contracts and Construction Law for Pennsylvania on

Q: 8 yrs ago I had a french drain installed, I just found out that about 30 ft of it has no pipe installed. Is it too

This week I tried to dig up some of the drain which never worked to see if I could fix it. I found out that about 30 ft only had gravel and no drain pipe installed (right in the problem area) Do I have any recourse?

Bruce Alexander Minnick answered on Sep 6, 2019

Unless you have some sort of a written guaranty or warranty, probably not.

2 Answers | Asked in Contracts for Florida on

Q: I had to turn-away moving company due to last minute price increase. What options do I have for recouping any deposit?

They arrived 1-day before selling my old home. The crew said it was listed as direct move and wanted 4K upfront for storage before they would start work. I had never indicated a direct move as the new home closing was not scheduled until the week of the move. I just had a general time frame of... Read more »

Bruce Alexander Minnick answered on Sep 6, 2019

As you now know this last minute miss-communication cost you quite a bit--in terms of having to change plans, pack up everything, rent a large truck and move all your stuff with help from family and friends; but did you stop to think that the owner of the moving company also lost too? You... Read more »

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1 Answer | Asked in Civil Litigation for Florida on

Q: i have to force my ex to sell our apartment . Can you help me

I have an apartment with my ex , i have to leave for my safety, he have records of domestic violence before and i had a few incidents that i have to call the police . i was recommended by the police it is states in one of the records to leave for my safety . We have a daughter , she was staying... Read more »

Bruce Alexander Minnick answered on Sep 5, 2019

No, you can't; but the Judge can--if you file for divorce. If you have already been divorced, file a motion to reopen the case to address all these "changed circumstances."

2 Answers | Asked in Federal Crimes and Banking for Iowa on

Q: It’s been 6 months since the situation can he still report fraud

Bruce Alexander Minnick answered on Sep 6, 2019

Let's start with telling us who "he" is.

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1 Answer | Asked in Banking and Consumer Law on

Q: My ex asked his attorney friend to subpoena my bank records and Chase provided it even with an objection letter.

My ex-husband asked his friend who is an attorney, to subpoena my bank records with no grounds. Chase sent me a letter to inform me they will provide my bank statements to this attorney. I fax a letter to Chase and the attorney objecting but I believe it was too late because my ex got a hold of my... Read more »

Bruce Alexander Minnick answered on Sep 4, 2019

You are directing you anger at the wrong party; you need to concentrate on responding to THE COURT so you can defend yourself against this attack from your ex husband. Go back to your divorce lawyer for help or hire a litigation lawyer to help you.

1 Answer | Asked in Landlord - Tenant for Florida on

Q: Can my Landlord refuse to extend my lease on a month-to-month basis?

My lease ended last month and my landlord is refusing to renew. My Landlord failed to provide me with a 60 day notice.

My lease states:

Tenant or landlord may terminate this lease at the end of the initial lease term by giving the other party written notice of termination no later... Read more »

Bruce Alexander Minnick answered on Sep 4, 2019

This is the second time you posted this question. My previous advice is unchanged.

1 Answer | Asked in Landlord - Tenant for Florida on

Q: My landlord refused to renew my lease on the date the lease ended. No prior notice was provided. What are my rights?

Lease terms:

Tenant or landlord may terminate this lease at the end of the initial lease term by giving the other party written notice of termination no later than 60 days prior to the end of the initial lease term. If neither party so gives notice, this Agreement will be extended on a... Read more »

Bruce Alexander Minnick answered on Sep 4, 2019

The lease terms are very clear. If the landlord did not inform you that they would not allow you to go month to month 60 days before the lease termination date you have the right to remain in the house--but only for one month at a time.

3 Answers | Asked in Contracts and Real Estate Law for Florida on

Q: My husband & his aunt were deeded a house in MD upon his mother's death over a year and half ago.

Deeded "right of survivorship". Instead of selling the home, the aunt moved in agreeing to pay my husband his share of value. A contract was signed June 2019 and it even went to the Title Co for closing last month. She thought she could take money out of the estate (she's executor) to pay my... Read more »

Bruce Alexander Minnick answered on Sep 4, 2019

If the deed to passed lawfully to the decedent's two next of kin (your husband and his aunt) by right of survivorship--the aunt and you husband had an undivided joint ownership interest in the property. If the aunt and your husband entered into a written contract to allow the aunt to buy your... Read more »

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2 Answers | Asked in Family Law for Florida on

Q: Would you be able to clarify Florida statute 984.085 for me?

In the first part of the statute it states that I could harbor a runaway minor for 24 hours without notifying anyone, however afterwards it says that if I were to do so I have to notify either the parents or law enforcement so is this after I provide aid or after 24 hours?

Bruce Alexander Minnick answered on Sep 3, 2019

Rather than try to "clarify Florida statute 984.085" for you please allow me give you free advice that should have a better impact on you than any clarification will: DO NOT EVER "harbor a runaway minor"--for any length of time.

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1 Answer | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Florida on

Q: My father recently sold a home with the promise to split the money among siblings. One of the siblings passed before the

Money was disturbed.the money was split equally among the surving siblings. Does the daughter of the deceased have any right to the cash her father that passed away was getting.

Bruce Alexander Minnick answered on Sep 3, 2019

If the father decided to split the money equally between his surviving children that was his decision to make. And sine the money given to his children was a gift, there is nothing anyone can do about it. However, just in case the father made a mistake I would advise the children of the sibling who... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on

Q: 1. In the state of Florida can a landlord charge an application fee just to charge it and not doing any screening?

Can we ask to see the screening being done for charging a application fee in the State of Florida?

Bruce Alexander Minnick answered on Sep 3, 2019

You can certainly ask; not sure if the landlord will give you a copy-because it is not required.

1 Answer | Asked in Adoption, Family Law, Child Custody and Legal Malpractice for Florida on

Q: Am I able to undo an adoption if it was done illegally or using intimidation?

When I was 19, I was going to give my newborn up for adoption to a close friend. They moved with her from Florida to Georgia, nothing finalized, and I changed my mind. They took me to GA court, which resulted in GA removing my child from their care, but GA put her in foster care. I did everything I... Read more »

Bruce Alexander Minnick answered on Sep 2, 2019

You did not tell us how many years ago this happened to you, but I am guessing that is must have been more than 10 or 12. If so, the controlling statutes of limitation have expired and there is nothing you can do about it.

Practically speaking--if you still love YOUR child as much as it...
Read more »

2 Answers | Asked in Criminal Law for Florida on

Q: Our business got raided with search and seizure warrant for alleged illegal gambling. No detailed inventory list left.

Beside computers they also took 50 chairs and approximitely 20 fine art pictures that were hanging as decoration from the walls. No inventory list was left. ATM was with excessive force cut open.

Now 4 month are gone by and no response to our lawyers request to return the seized items or... Read more »

Bruce Alexander Minnick answered on Sep 1, 2019

Sorry. If you still have a lawyer we are not allowed to butt in.

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