You need to serve an affidavit in aid of execution on the defendant who will have to list all of his assets, then you can file a writ to be able to gain possession of bank accounts and personal property which is non exempt.
Im currently empoyed with ERAC and I am victim of unpaid overtime as an assistant manager, but I am scared to file a lawsuit because I do not want to lose my job and not be able to find another job that pays equivilent. What should I do?
Managers take lunch daily, sometimes they pass by me, see that I am swamped and dont even bother to help, offer to get help for me or offer to bring me lunch back. Today I arrived @ 6:50am until 5:17p. Was able to use the bathroom once, and was unable to take any kind of break.
It depends on the law you use. However, if you prevail and you prove employer knew they were violating the law, you should get what you are owed, plus an amount equal to what you were owed, plus attorney fees and costs. Make sure you hire an attorney who knows employment law because it is very...View More
If they do not have a property interest in the home; ie lease or joint tenant, you evict them the same way you would anyone else. Put a three day notice on their door, and them if they do not leave, file an eviction complaint in the county court and have them served. The rest is up to the court.
She ruled in is favor without looking at my evidence just because he had old vacination records, from years ago. I had e-mails proving the animal was both of ours, and that he did not ask for him back until he realized I would never take him back. He even sent me a text after court stating sad all... View More
Believe it or not, but I had almost the same thing happen to me with a dog. The answer to your question is yes, you can appeal the decision of the court. Most likely the appeal must be filed within 30 days. If you wait 31 days, you are too late and the court will reject the appeal. There is a...View More
Without more facts, it is very difficult to answer your question. However, if you purchased the house together, then you will still own your portion even after you split.If only his name is on the deed, there is a principal in Florida law called "equitable estoppel" which would most...View More
No, Fla. Stat. 250.01 (19)?“Servicemember” means any person serving as a member of the United States Armed Forces on active duty or state active duty and all members of the Florida National Guard and United States Reserve Forces.
By using the term "exempt," I assume you mean exempt from overtime. The analysis of whether an employee is exempt from overtime is very complicated and usually depends on job responsibilities, not the title of your job. I would suggest you contact a lawyer who specializes in employment...View More
Any "right" an employer has to recover tuition or scholarship money will be contained in the agreement or contract which you signed or agreed to by accepting the monies for school. You do not outline any prior agreement or contract with your employer in your fact pattern so your question...View More
Florida is a right to hire, right to fire state. An employer can fire an employee without cause. The employee's only recourse is to collect unemployment benefits. But, an employer cannot fire an employee for a reason protected by law such as race or sex discrimination. Additionally, employees...View More
This is a two part question; 1. Do the police need to present the warrant prior to entering the property ? and 2. Does lack of Miranda warning invalidate evidence? 1. The police do not have to present the warrant prior to entering the house. However, the warrant does need to be issued by the judge...View More
There are two issues that need to be satisfied to searching a car; 1. probable cause for the traffic stop, and 2. Probable cause to search the car. If either element has not been satisfied, then the search can be suppressed. Generally, Florida case law allows for the search of a car without a...View More
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