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Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can the park legally charge us for an additional occupant? Do we have legal recourse on the money already paid?

My wife and I are elderly, and we live in a mobile home park. We own the home, but the landlord owns the land. We pay monthly rent. When we first moved to our current residence our son lived with us. He moved out in the 80's, but in Dec 2011, he came back home to live with us. Park management... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 3, 2021

Florida Statute 723.035 Rules and regulations.— provides that:

"(1) A copy of all rules and regulations shall be posted in the recreation hall, if any, or in some other conspicuous place in the park.

...".

If they have not posted rules and regulations...
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1 Answer | Asked in Bankruptcy, Contracts, Divorce and Family Law for Florida on
Q: We live in Florida but we're married in Las Vegas, Nevada.. should we sign a CMA in Florida and where would we file it?

What are the benefits to filing CMA?

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 3, 2021

What's a CMA? None of these seem to fit:

https://en.wikipedia.org/wiki/CMA

1 Answer | Asked in Civil Rights for Florida on
Q: Do you have to answer “yes” if a police officer asks you if you’ve ever been arrested if the prior charge was dismissed?

If you were arrested, but the charge was expunged / dismissed / or adjudication withheld, and then in the future a police officer pulls you over and asks you if you’ve ever been arrested, are you required to answer “yes”?

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 3, 2021

No. The only thing you have to do is, if requested, show the officer your license, registration, and proof of insurance.

1 Answer | Asked in Uncategorized for Florida on
Q: If my employer doesn’t fire another employee that has threatened me in front of other coworkers what should I do?

There were witnesses that confirmed her threats and she hasn’t been fired or reprimanded

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 3, 2021

Whether or not your employer fires her is not up to you; it's solely up to the employer. You could seek a restraining order against the employee who threatened you.

1 Answer | Asked in Small Claims for Florida on
Q: Am I responsible for a credit card debt that is solely on my wife name, and can the merchant go after my name also ?
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 3, 2021

No, you are not responsible and the creditor (normally a bank, not a merchant) wouldn't be able to successfully sue you.

4 Answers | Asked in Collections and Small Claims for Florida on
Q: I am being sued by a collection agency for FingerHut. Court date 12-14. What can I do

I am a single mom and a student full time, and looking for a part time job, I have had quite a few obstacles the last few years and I am trying to move forward. The bill is for 1200, and I can not pay it, maybe a payment plan. I just need some help and I do not know what else to do.

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 3, 2021

I'm guessing the "court date" is a pretrial conference, if it's a small claims case. Depending on which county and judge this is, you will probably be given the choice to enter into a payment plan, agree to the entry of a judgment, or set the case for trial. If you agree that... Read more »

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1 Answer | Asked in Copyright for Florida on
Q: I was fished by SMG and paypal was frozened.They said i infringe copyright.How much does it cost to hire a lawyer?

I was fished by SMG and paypal was frozened.They said i infringe copyright.I'm a foreigner and not in US,SMG just send an email to me and no substantive documents were served.Is that legal?And does Florida court have jurisdiction?How much does it cost to hire a lawyer?Can you help me win the case?

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 2, 2021

Do you mean "phished"? If so, you may be correct; it appears to possibly be a scam of some sort. Just because someone sent you an email claiming to be "SMG" doesn't mean that you have actually been sued.

2 Answers | Asked in Real Estate Law for Florida on
Q: Good morning. PC bought land in Naples. Legal description mistakenly included additional 2 Legals. Purchase was from 3

Different Trustees. Title co Old Republic insured and now says sorry it was typographical mistake on Deeds and title. 2other lots are now owned by Synergy co.

Looking for referrals and advise

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 2, 2021

I suggest that Old Republic or Synergy be asked to have an attorney prepare a quitclaim deed for PC (whoever that is) to sign.

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1 Answer | Asked in Consumer Law and Health Care Law for Florida on
Q: I was served and ate a portion of a raw hamburger that was not cooked at all in the center.

I was sick for 4 days and it ruined our family Thanksgiving meal.

I have been contacted by their Insurance Co. Do I need a lawyer...!!

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 1, 2021

It can be argued that you "assumed the risk" if you ate the raw meat after discovering it was raw. And you would have to prove, should it go to court, that the raw meat made you sick. Also, your damages might not be substantial enough to warrant the expense and inconvenience of a... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: Hello is asking someone if they have hiv because it was heard from someone else ilegal can they sue you for that?

I heard someone had hiv and I just asked them now they said they are going to sue me for asking is this possible?

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 1, 2021

No, you are not liable. If whoever told you is sued, and the rumor is false, that person may be liable for defamation if the report is untrue and "they" can prove damages.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Renting condo. Property in foreclosure. Owner filing bankruptcy. Do I still pay rent to him? 4 months on lease left.
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 1, 2021

Yes, you still make the lease payments to the owner.

2 Answers | Asked in Business Law and Contracts for Florida on
Q: if buyer defaults on contract and is awarded escrow deposit. How is that distributed with his realtor?

The sellers realtor not buyers

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 1, 2021

Start by reviewing the contract.

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2 Answers | Asked in Real Estate Law for Florida on
Q: On the deed of a condo. Not on the mortgage. Not married to mortgage holder. Do I have any rights to condo, equity, sale

Lives in condo and paid mortgage and all associated expenses for 10 years. Mortgage holder has lived there last 5 taking care of expenses and mortgage although has let it go to foreclosure 3 times but managed to save it. I just would like to cut ties but would like to walk away with something.

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 1, 2021

Apparently, you and the "mortgage holder" own the condo as tenants in common. A bank or similar institution would actually own the mortgage; what you apparently mean by "mortgage holder" would actually be the "mortgagor". How you got "on the deed" is... Read more »

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1 Answer | Asked in Uncategorized for Florida on
Q: Florida.. I sold my house. Person paid a partial payment in cashier's check. Still owes amount. And maile note with key

Saying we could have it back . He dont want the house . Wont answer any text. We still have title and in our name. We need to know what do we do to from this point on.

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 30, 2021

You could put the house up for sale again and sue the first buyer for your damages, if any. But it's quite possible that he or she is "judgment proof" and, even if you prevail, you will never collect such a judgment. Cut your losses, keep the partial payment, and sell the house again.

2 Answers | Asked in Traffic Tickets for Florida on
Q: Can I fight a FL ticket written to the wrong person?

My son caused a fender bender with no damage done. The ticket was written to the other driver who was not at fault. Does he HAVE to call the officer to correct it or can he get out of it due to technicality?

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 29, 2021

If your son shows up at the hearing, the officer will testify, assuming the officer was a witness to the accident or an admission by one of the people involved in the accident. At that point your son can cross-examine the officer to expose the mistake.

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1 Answer | Asked in Uncategorized for Florida on
Q: I was stacking cans and found black mold on them which caused a allergic reaction can I sue for this?

I was stacking cans at my over night job. Only to find black mold on the cans and its shipping box. I told my managers and quickly washed my arms/hands due to me being highly allergic to mold and pennacylin. Regardless I had to rush to take care of this. They had no emergency aid for the allergic... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 27, 2021

You can't sue your employer; worker's compensation is the exclusive remedy for injuries sustained on the job. If it was caused by another company, the manufacturer for example, you may be able to sue it, if you can prove uncompensated damages.

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: I have temporary custody of one niece, her 3 sisters are in foster care.sibling visit ordered, fosters not complying

Fosters want to adopt 3siblings and stop all visitation. They are 9,7,7,6yrs old.. everything I read goes against cutting sibling ties, do I file contempt? Will the respondent be the foster agency or foster parents?

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 25, 2021

Sure.

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