Questions Answered by Terrence H Thorgaard

Q: Does the SB 91 bill in alaska cover Federal charges or is that just for state?

1 Answer | Asked in Federal Crimes for Alaska on
Answered on Mar 27, 2017

It only pertains to state charges.
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Q: the secretary of the interior,attorney general and secretary of treasury were all summoned.No answer.Past time.

1 Answer | Asked in Civil Rights for Florida on
Answered on Mar 27, 2017

Did you have a summons properly served on each defendant?
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Q: My tenant is denying access for maintenance in the yard & home's exterior because he only wants work Mon-Fri 8-5 per law

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Mar 27, 2017

It looks like the tenant may be in violation of the terms of the lease. If so, eviction would be warranted.
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Q: Can a notary in Puerto Rico write up a will or does it have to be done by an attorney?

1 Answer | Asked in Estate Planning for Florida on
Answered on Mar 27, 2017

Was it a notary public or a civil law notary? Apparently Puerto Rico, although a U.S. possession, does have civil law notaries, who can write wills.

But the important question is whether the will is effective. You have posted this question in the Florida law section, so I am assuming you want to know if the will can be admitted to probate in Florida. If it was executed with the formalities required of wills in Florida, yes, it probably can.
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Q: If my baby mother trying to serve me before i had a chance to go put myself on child support can i still go do it

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Answered on Mar 26, 2017

It's not clear what you mean by "put [your]self on child support". You can voluntarily make child support payments before ordered to do so, yes, of course.
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Q: would it be punishable to kill a person you have already been punished for killing even if they were alive

1 Answer | Asked in Criminal Law for Florida on
Answered on Mar 26, 2017

In theory, the murderer could still be charged for the real murder.
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Q: If I sign a waiver of bond and grant of certain powers - when the administer goes to sell property and land will we

1 Answer | Asked in Probate for Florida on
Answered on Mar 25, 2017

Without knowing the details, no, you probably won't have to agree to the sale, or to sign anything at the sale. You probably will get a portion of the sale proceeds if you are in fact an heir and the creditors have been paid. See an attorney to make sure you understand the process.
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Q: My dog was surrendered, although I am the legal owner.The rescue refused to return him.What can I do to get him back

1 Answer | Asked in Animal / Dog Law for Florida on
Answered on Mar 25, 2017

As I understand what you have written, someone other than you delivered the dog to the animal control facility and, claiming to be the owner, told them that they no longer wanted it. It also appears that they gave the dog to someone else. I am near Niceville, so for a fee I could look into it for you. However, if the dog has been given to someone else I would not get my hopes up if I were you.
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Q: Does Title IX apply to private universities?

1 Answer | Asked in Entertainment / Sports for Florida on
Answered on Mar 24, 2017

If they don't receive federal funding, no.
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Q: I billed an insurance agency for repairs, but discovered my client's lawyer instructed

1 Answer | Asked in Insurance Bad Faith for Florida on
Answered on Mar 24, 2017

What is your relation to your "client"? Are you an attorney, accountant, property manager, or what?

If you contracted for repairs (as the principal, and not as the agent of the "client"), and if you are thus liable on the repair contract, the "client"'s insurance company might not have had an obligation to pay you. You should have specified in the contract that you were acting as the agent of the "client".
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Q: Judge offered to recuse bc he was Facebook friends with plantiff but said he didn't know her. Now he's being snide.

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Mar 24, 2017

He said he doesn't know her. Even if he did know her (as a Facebook friend or otherwise), that isn't, by itself, sufficient grounds for judicial disqualification. Neither is making snide remarks; he may simply not believe that you have a good case. So, unless you can come up with substantial evidence that he is biased in her favor, you are stuck with the judge.
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Q: After filing chapter 13 a repo man came to my door and demanded my vehicle. I saint I needed to talk to my atty. I tried

1 Answer | Asked in Libel & Slander, Personal Injury and Bankruptcy for Florida on
Answered on Mar 24, 2017

It depends upon whether this debt was listed in your bankruptcy filing. If so, yes, the bank can be sanctioned for which appears to be the so-called "automatic stay" provision of the Bankruptcy Code.

You should have notified the repo man that you have filed for bankruptcy and, if possible, given him a copy of the notice of case filing which is generated by the bankruptcy court.

What does your attorney say?
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Q: A resident of Puerto Rico has filed bankruptcy and he owns a home in Florida. Can I buy that property in florida?

1 Answer | Asked in Bankruptcy for Florida on
Answered on Mar 23, 2017

Bankruptcy is federal law, applicable in all of the United States, including Florida and (I believe) Puerto Rico. Not that it matters, but you didn't indicate whether the bankruptcy is in PR, Florida, or elsewhere in the US.

The auction, from a mortgage or tax foreclosure I assume, would be automatically stayed by the filing of the bankruptcy petition. Assuming that there has been an order of the bankruptcy court granting relief from the automatic stay, the sale could take place....
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Q: A friend of mine was watching my puppy and let her out to P and she got out the gate and was hit by a car and killed my

1 Answer | Asked in Animal / Dog Law for Florida on
Answered on Mar 22, 2017

Your story is not internally consistent. Was it a puppy or a dog that you had owned for five years?

Be that as it may, how much was the dog worth (resale value)? Chances are that the expense of a small claims case are not worth the time and money, in my opinion.

Also, it could be argued that your recovery should be reduced in proportion to your negligence in failing to properly train the dog not to go onto the street.

Finally, is suing your friend for this worth a...
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Q: I want to start drawing my social security at 66 but I' m going to continue working full time. Will I lose that way?

1 Answer | Asked in Social Security for Florida on
Answered on Mar 22, 2017

Generally, if you are 65 or older you can apply for Social Security benefits and are not penalized for working. See a tax professional for the details.
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Q: If you surrender a car that you were making payments on can they force you to keep making payments on the car?

1 Answer | Asked in Uncategorized for Florida on
Answered on Mar 22, 2017

They can't force you to do anything. But they can sell the car at a "reasonable" sale, and if the car sells for less than what you owe on it, they can sue you for the deficiency. If they do so, and get a judgment, they can take several measures to collect it; generally seize your non-exempt assets to satisfy the judgment.
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Q: I was told by a Polk co.sheriff's deputy that that any child 12yrs and up get to make the choice of who that wanted to

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Mar 22, 2017

I doubt that what the deputy told you is correct. In Florida, as in many states, the child's preference is only one of several things the court is required to consider. The child's preference is normally given more weight the older she or he gets, but there is no such ironclad rule.
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Q: My child support rate increased and I needed to pay 2 years retro would the be at the increase rate or the original rate

1 Answer | Asked in Child Support for Florida on
Answered on Mar 19, 2017

Yes, it's probably a mistake. When an increase in child support is ordered, it is not usually retroactive.
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Q: The bank foreclosed on home., There was a second mortgage for a Home Equity Loan. They are still billing me. Is this ok?

1 Answer | Asked in Foreclosure for Florida on
Answered on Mar 17, 2017

Yes, probably. The second mortgage was probably not paid off when the first mortgage was foreclosed. It may be now unsecured, but it is still probably a valid debt.
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Q: Was i allowed to leave the state with my son?

1 Answer | Asked in Family Law for Florida on
Answered on Mar 17, 2017

From the end of October to now is not quite 5 months. The child's "home state" as defined in the Uniform Child Custody Jurisdiction and Enforcement Act (law in Florida and Alabama) will be Florida until six months has passed; then it will be Alabama. So the father can file a lawsuit in Florida until then. When and if you are served with process regarding such a suit, you should obtain a Florida attorney to defend such a lawsuit.

But no; it is not likely that he will be able to obtain...
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