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Questions Answered by Greg Jean-Denis

2 Answers | Asked in Landlord - Tenant for Florida on

Q: What is the difference between an eviction and an unlawful detainer case?

Greg Jean-Denis answered on Apr 2, 2015

Both an Eviction (FL Stat. Chapter 83) and an Unlawful Detainer case (FL Stat Chapter 82) are entitled to a summary proceeding meaning you can serve the defendant with a five day notice by posting or having a sheriff or process server hand it to them or a member of their household of 15 or older.... Read more »

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1 Answer | Asked in Small Claims for Florida on

Q: I was given a gift and now my girlfriend wants it back, do I have to give it to her?

It was a computer purchased online i n her name and on her card, it was shipped in my name to my address, she now wants it back, do I have to give it to her?

Greg Jean-Denis answered on Mar 23, 2011

The answer is maybe. She may disagree as to whether it was a gift. It will depend on the totality of the circumstances and what was the intent of the parties. If it ends up in small claims court, you will probably end up mediating this matter with her to come up with a solution you both can live... Read more »

2 Answers | Asked in Small Claims for Florida on

Q: Do I need to file a motion to obtain dissolution of writ of garnishment if plaintiff not time on my claim of exemption?

Greg Jean-Denis answered on Mar 23, 2011

By statute, the court should dissolve the writ of garnishment if the plaintiff did not timely file their affidavit under Florida Stat. 77.041(3) contesting your claim of exemption.

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