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Questions Answered by Mr. Lowell J. Kuvin
1 Answer | Asked in Consumer Law for Florida on
Q: I live in Florida and need answers concerning internet PayDayLoan companys. Is Florida a wage garnishment state ?

Can they garnish your wages or file criminal charges if you can not pay them back ?

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 30, 2011

Florida law does allow for garnishing of wages, with several exceptions such as head of household. Wages of the head of a family are exempt from garnishment unless the person's net wages are more than $500 per week and the person has agreed in writing to allow wages to be taken to pay the debt. A... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: What to say to future employers to explain the reasons for resigning?

I have negative comments on my U-5 that are preventing me from obtaining new employment. The comments basically state that I voluntarily resigned and I violated department procedures. What should I say to future employers for the reasons for resigning?

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 30, 2011

Tell them the truth of why you left, or don't tell them anything unless they ask. However, do not bad mouth a former employer.

1 Answer | Asked in Employment Law for Florida on
Q: I need to find a employment discrimination case that has already been decided wihtin the last 3 years...any suggestions
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 30, 2011

The statute of limitation for discrimination in Florida is either 180 days for the EEOC and 300 days for the Florida Committee on Human Relations.

I am not sure what you mean by "already decided three years ago."

1 Answer | Asked in Workers' Compensation for Florida on
Q: What is the legal documents to support Worker Compensation for metal and nervous injuries?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 26, 2011

Mental and Nervous injuries must be proven by examinations and records of on going treatment from qualified physicians showing your decreased or inability to work and causation (your job caused the injury). This is a very difficult area of Worker Compensation and you should seek a lawyer who... Read more »

1 Answer | Asked in Workers' Compensation for Florida on
Q: I lost my Work Comp Case, Other Attorney is Taxing costs, can I file bankrutp and avoid a judgement?

My Work Comp Attor told me I wouldnt win at trial and told me to drop the case at mediation. Now I am ProSec going to a Tax Costs hearing. I understand the losing side has to pay costs. Im unemployed and in process of filing a Chapt 7. There is now judgement yet, but I know the Work Comp Judge... Read more »

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 26, 2011

This is more a bankruptcy question than a workers compensation question. However, your creditors, including the "costs" judgment will have to seek remuneration in the Chapter 7 case you have filed. According to your fact pattern, you will not have enough assets now or in the near future to pay the... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: What happens if the mortgage broker signed all my loan documents?

If all my documents were signed by the mortgage broker and he wrote false information on my original documents such as job, and income, etc is my mortgage still legal?

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 22, 2011

If he signed for you in an attempt to effectuate a mortgage, and you did not give him power of attorney to sign for you, there might be an element of fraud.

1 Answer | Asked in Employment Law for Washington on
Q: My ex boss lied about my leaving the company, It can have a negative effect on my new job is that slander?

I am a dental service technician. I gave a notice that I was moving to the competition. I gave a two weeks notice, boss did not accept. Asked me to leave now. He in a sales meeting told the salesman I got into a altercation with an account, and that is why I am no longer there. Is that slander?... Read more »

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 21, 2011

One question with which courts have struggled is how to determine which standard should govern whether a statement is defamatory. Many statements may be viewed as defamatory by some individuals, but the same statement may not be viewed as defamatory by others. Generally, courts require a plaintiff... Read more »

1 Answer | Asked in Family Law for Florida on
Q: My son and his girlfriend are in a parental war. What do I do to see my granddaughter?!?!?!?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 21, 2011

A grandparent typically will be granted the right to visitation during and once the divorce is final. If the Grandparent is being denied visitation he or she or both must file an application with the court in the County in which the child resides. At this point in time it is up to the... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Injunction against me entered by my husband. Can he do this
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 21, 2011

You do not say what kind of injunction, however, since this is in the family section, I will assume it is an injunction due to domestic violence. People who share a common household can file for a temporary injunction against a boyfriend/girlfriend/husband/wife/roommate if certain criteria are met.... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: My truck was stolen and used in an armed robbery. Police impounded vehicle and won't give it back. What can I do?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 20, 2011

Ask the police how long it will take for them to process the vehicle as evidence and the return it to you. You can always speak with the judge who is hearing the criminal case by calling his chambers and asking for a hearing on getting your truck back. He will set the hearing and the state will be... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: Representing myself in criminal court what is expected of me at pretrial conference? Do I need. Forms?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 20, 2011

Criminal court is less formal than Civil court and generally, you can make motions verbally, and the judge will enter them in the docket. At pre-trial conference you are expected to let the judge know when you might be ready for trial. The judge will recite a trial date and you can remain quiet or... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: How long can someone be incarcerated without a trial?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 20, 2011

A person can be put in jail for up to 24 hours before they must appear before a judge to determine bail. If the judge determines that the person may not be released on bail, the person must stay in jail. This can last from days to years, depending on the progress of the case to trial. There is not... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: How long can someone be encarcerated without a trial?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 20, 2011

A person can be put in jail for up to 24 hours before they must appear before a judge to determine bail. If the judge determines that the person may not be released on bail, the person must stay in jail. This can last from days to years, depending on the progress of the case to trial. There is not... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Do i have a case if im not getting paid overtime at time and a half but at the same rate of my pay?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 20, 2011

Florida does not have an overtime statute, however, Federal law does. If you are working more than 40 hours per week, and your job description is not "exempt" under the law, then you should be receiving time and half.

2 Answers | Asked in Employment Law for California on
Q: If there is not a recovery from a lawsuit, can defense counsel recover costs
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 20, 2011

It depends on which statute you filed suit under. The Fair Labor Standards Act (FLSA) is a federal set of laws which mainly deal with hourly wage employees. The FLSA does not have a fee shifting arrangement like other laws where the loser has to pay the others fees and costs. Unless your lawsuit... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: What is the posible sentence for someone shooting in a accpuied dwellig first time ofender in florida
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 17, 2011

790.19

Shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles. Shall be guilty of a felony in the second degree. For a felony of the second degree, by a term of...
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1 Answer | Asked in DUI / DWI for California on
Q: How can you find out what your bench warrart is for?
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 17, 2011

If your bench warrant was issues in Florida, you can check the Clerk of the Court for the County in which it was issued. If you cannot find it that way, contact a lawyer who can search the dockets for you and perhaps contact the State Attorneys office to work out a way to take care of it without... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Can I file suit in fl against a defunct Tx LLC whose owners are in California?

I managed a Texas apt complex and paid bills for the property on the promise from the owners that I would be repaid when they closed the sale. The broker was aware they owed the money and I have e-mails noting that they owed. I have detailed records showing the advancements

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 16, 2011

You can file a lawsuit against a Texas LLC regardless of where the owners reside if they did business in the state of Florida. You would need to use Florida's Long Arm Statute (Fla. Stat. § 48.193) to allow the court to have jurisdiction over the LLC.

1 Answer | Asked in Criminal Law for Florida on
Q: What is the penalty for incest in florida
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 16, 2011

Whoever knowingly marries or has sexual intercourse with a person to whom he or she is related by lineal consanguinity, or a brother, sister, uncle, aunt, nephew, or niece, commits incest, which constitutes a felony of the third degree, punishable as provided in s. 775.083; Five Thousand Dollar... Read more »

1 Answer | Asked in Family Law for Florida on
Q: If there was a time limit and the respondent passed the time limit. But than was able to still file what than happens
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin answered on Jan 16, 2011

You can bring the expired time limit to the attention of the judge, however, judges are usually very lenient (excluding appeals)when it comes to expired time in state courts (don't test this because you could get in trouble). You could also file a Motion to Strike the pleading because it was late... Read more »

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