Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Traffic Tickets for Florida on
Q: Can I beat my careless driving ticket in court?

Im 33 years old and this is my first accident. I have had 1 speeding ticket about 10 years ago. I was on a 2 lane, passable road. I was behind a woman on her phone, obviously distracted and not knowing where she was going. She was going 10-15 miles an hour on a 30 mph road and kept stopping every... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 16, 2021

From what you indicate, it seems like you have case. Give it a shot if you want.

2 Answers | Asked in Domestic Violence and Family Law for Florida on
Q: dealing with a domestic violence case in New Jersey with the father of my 2 year old. I’m wanting to relocate to fl

Laws are strict in N.J. about relocating but I have support family a job here and nothing in N.J. he is demanding visitation court agreed to it. I do not trust him with my son or want him in his life at all he never was around or a parent when we were there. My son is happier with him not here.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 15, 2021

Actually, if the case is pending in the New Jersey court, even if you were to establish Florida Residency, the Florida courts would not have jurisdiction. See the Uniform Child Custody Jurisdiction and Enforcement Act,

Florida Statute 61.501 et seq. That uniform act is the law in almost...
Read more »

View More Answers

2 Answers | Asked in Probate for Florida on
Q: Filed a Petition to Probate but recently learned there are no probate assets. Need to withdraw petition.

I filed summary administration and homestead exemption. One of the witnesses to the will checked both boxes - one for personally knows the decedent and one for presenting license. The judge threw it out. As it turns out, there is not enough money in the estate to need probate. I was told by the JA... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 15, 2021

It looks like it was the notary, not a witness who checked both boxes. If I were the judge I would not have "thrown out" the will under those circumstances (the notary knew the decedent AND saw an ID; that makes sense to me). But in any event, if the petition was dismissed and... Read more »

View More Answers

1 Answer | Asked in Divorce for Florida on
Q: In Florida, how quickly can a lawyer view existing divorce suit docs after filing notice of appearance?

As soon as I paid the retainer, my lawyer became extremely unresponsive. My wife has filed for divorce and made a motion that likely contains some important accusation. I finally got the lawyer to file a "notice of appearance" after about a week of inaction, but now he is saying that... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 11, 2021

The court in each county has an online docket system, but each one is different. I am unfamiliar with the docket in Pinellas County, but I'm guessing it might take until tomorrow morning.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What is an attorney on record mean for the opposing party
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 10, 2021

The term "attorney of record" means the attorney who has "appeared" in the case for one of the parties, either by signing a pleading in that case or by signing a notice of appearance.

2 Answers | Asked in Personal Injury and Criminal Law for Florida on
Q: Can I use my Allstate accident insurance for a felony battery? My spouse was assaulted and has some brain damage.
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 10, 2021

Probably not, but read the policy to be sure.

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Seminole County Fl. how long to retreive belongings for an eviction?

Evection is for a person that is being evicted for something other than non rent payment. Home is leased thru management company but person evicted is not on the lease but pays rent.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 10, 2021

If the person being evicted needs more time after the time the court orders he or her to get out, that person should ask the judge to specify the time needed, or to order other arrangements.

2 Answers | Asked in Real Estate Law for Florida on
Q: My lease was not renewed, but I have a medical issue.

I received a notice of non-renewal of my lease on a private home. The lease ends in 2 months.

The next day I was diagnosed with a foot injury and told by my doctor to stay off it for 2 months.

It is going to be real difficult to move when I have this injury, do I have legal... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 8, 2021

No; the landlord doesn't have to renew the lease.

View More Answers

3 Answers | Asked in Bankruptcy for Florida on
Q: Is there a lawyer in Milton that deals with chapter 7 bankruptcy?
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 8, 2021

Or check attorneys in Crestview or Pensacola. Since the federal courthouse is in Pensacola, that's probably the best place to look.

View More Answers

2 Answers | Asked in Child Custody, Child Support, Civil Litigation and Civil Rights for Florida on
Q: Hello I'm froilan i just became a dad april 2,2021 The question is: my wife is inside a rehab with my newborn. Now

She's a newb mother she barely know about been a mon and she's scared because she has noone to help her in there or to show her few tricks for the baby not to cry. She's scared because sometimes the baby cry's and she does everything that was teached to her but he doesn't... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2021

Speak to an attorney who practices family law about seeking a court-ordered parenting plan.

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: I was victim of a wrongful foreclosure in 2011. Is it true there is no stature of limitations to sue the Bank?

The Bank recognized their error in 2014 and requested a Dismissal? How can a judge after 3 years order a dismissal? What written Law stipulates I can still sue the Bank and get compensation for all the damages that I am still experiencing?

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2021

What are your damages? Did you hire an attorney; if so you might have moved for attorney fees back then, but it's too late now.

1 Answer | Asked in Child Support for Florida on
Q: Can i fight a child support case that is in Puerto rico from florida?

Both of my kids are in Puerto rico. My daughter is now a mom and will be 21 this yr living with her boyfriend. My oldest is 22 and working. Kids mom is married and lied to the agency saying they are seperated.. But none of that was reported to asume.. While my check is being garnished my son did... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2021

Get an attorney licensed to practice in Puerto Rico.

1 Answer | Asked in Products Liability for Florida on
Q: Is it possible to sue a large hotel chain for housekeeping negligence and not sanitizing for covid?

I have videos and pictures of blood, urine and other horrific things found in my room upon checkin, but didnt know if this is enough to pursue a lawsuit. I also have receipts of having to purchase my own bedding and linen because they had none.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2021

You can't sue for negligence if you cannot prove damages. The only damage I see is the price of the room. You should have protested when you got to the room.

1 Answer | Asked in Real Estate Law for Florida on
Q: My wife and I are in Florida and we are separating. I am buying a home and she has reservations about signing the title.

The title company has stated that, because FL doesn't recognize marital separation, the spouse must sign the title at closing. I'm wondering if the following is a loophole around her being legally required to sign the title: 1. I'm using cash from an inheritance for the down payment... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 5, 2021

You should at the very least consult with an attorney who practices family law. For example, it is not clear what you mean by your wife signing "the title". Is this actually some sort of a "separation", or are you getting a divorce (called a dissolution in Florida)?

1 Answer | Asked in Consumer Law for Florida on
Q: Can I sue my bank for neglece and stealing money from me?

My bank Space Coast Credit on two different occasions the bank took my money the first time they took my full SSI check and the second time only left me $211.00. I explained to the that I am on SSI and I depend on my check to pay rent and bills and rather than them take my money in one lump sum... Read more »

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

It appears that the bank set off funds in your account because you owed the bank money for some reason. If this is the case, yes, they can do it.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord verbally tell me is selling the house I am renting? Can he schedule showings during pandemic?

My lease expires in June 30. He told me is selling but he did not give me a writing note. He is scheduling shows but I am very concern because I am 65 years old.

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

Yes, your landlord can show the house assuming he gives you reasonable notice. Obviously you can require the visitors to observe measures (wearing of masks, etc.) to protect you from infection.

1 Answer | Asked in Child Support for Florida on
Q: If my daughter is pregnant and no longer living with her mom. Will what i am paying reflect balance?

My son will 22 and daughter a 21year old mom.. They are both in puerto rico and i dont know where...my son is working and daughter is now a mom and moved in with babys dad. My check is being garnished. But i see that the balance has not realy decreased.. Even after my son living with me for a year... Read more »

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

You have failed to indicate whether the child support order was entered by a Florida court, or by a court in some other place. Is the amount being garnished for past-due child support or is it currently owing; because normally (assuming it's a Florida order) child support ends when the child... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: Can a coach in rec baseball not play a kid because his dad doesn't want to coach? Can they legally make my son ride benc

My son play for a aa major rec baseball team in margate fl and been with the league for about 4 years now! He recently started playing for team Elite, the first game was a disaster due to the other team scoring alot! My son sat bench that first game and I had a talk with the coach asking him why my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2021

A sports league such as this is for entertainment of the players and their parents. Courts will not intervene in decisions such as this on the part of coaches and other volunteers. If you don't like it, find another team or league for your son to play with.

1 Answer | Asked in Family Law for Florida on
Q: Is legal to help an 18 year old move out without parent consent in Florida?

My partner is trying to move out at the age 18, but is trying to do it quickly and needs help since the parents in question won't be willing. Would I and my friends get in trouble for helping them move out? Is it concidered tresspassing and the parents have legal reasons to harm us?

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2021

18 years of age is the age of majority in Florida and almost all other states. So your "partner" can move. If that person lives there, she or he can invite you to his or her place of residence. If the parents accuse you of trespassing, call the police and advise them if the situation;... Read more »

2 Answers | Asked in Probate for Florida on
Q: I have a client to refer. Her grandmother died 3 years ago without a will. The direct sibling has failed to probate

The granddaughter has paid the property taxes for 3 consecutive years. She would like to take ownership of the property. All tax receipts are paid in her name solely. The siblings(her deceased mother was one of them) have failed to file a probate case for the estate but have depleted all other... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2021

A "tax lien" would have nothing to do with it, as far as I can imagine; the "client" is not a governmental entity.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.