Questions Answered by Terrence H Thorgaard

Q: Out of state small claims court question

1 Answer | Asked in Libel & Slander for Florida on
Answered on Feb 16, 2019
Terrence H Thorgaard's answer
It depends. If the suit is filed in Florida, the lawyer must be admitted to practice law in Florida. If it's filed in your home state, the lawyer would have to be admitted to practice in your home state.

It's not clear which possible suit you are asking about: the breach of contract or the defamation. Of course one could be a counter-claim to the other.

Q: I have an injunction on me from an ex-girlfriend/coworker. Am I in violation if I talk to people about it at work?

1 Answer | Asked in Civil Litigation for Florida on
Answered on Feb 15, 2019
Terrence H Thorgaard's answer
Assuming the injunction only prohibits you from contacting her or going near her, no, you would not be in violation for talking to others about it. But to be sure, read the injunction.

Q: How important is the time for acceptance date if it has expired before the contract is executed?

1 Answer | Asked in Contracts for Florida on
Answered on Feb 15, 2019
Terrence H Thorgaard's answer
Who is trying to enforce the contract? The party who offered the contract (including the "must accept by" language) can probably enforce it. The other party probably could not unless that party did something, after acceptance, to ratify the contract.

Q: My inlaws paid off a sub-loan in 2003 from a bank that went bankrupt and they need proof. How can they get proof?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Feb 15, 2019
Terrence H Thorgaard's answer
When a bank folds, another bank is assigned to step in and, among other things, keep its records. Find the successor bank and ask them.

Q: I am an heir to property in Georgia and my uncle is try to become the administrator of the property what does that mean

1 Answer | Asked in Real Estate Law for Florida on
Answered on Feb 14, 2019
Terrence H Thorgaard's answer
I guess that means that he has applied to be personal representative (also called "executor" in some places), but to be sure you should ask your question in Justia › Ask a Lawyer › Georgia › Probate >.

Q: Is it legal to put fake names, birthdays, and answering not honestly for a valentines day matching survey?

1 Answer | Asked in Education Law for Florida on
Answered on Feb 12, 2019
Terrence H Thorgaard's answer
In a word, yes. It's not illegal to lie to a non-governmental institution, at least if it's not under oath.

Q: Who gets a keep the security deposit being held in escrow by the broker?

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Answered on Feb 12, 2019
Terrence H Thorgaard's answer
Generally, yes; that is the point of a security deposit, to protect the landlord in the case of a breach by the tenant.

Q: Why should i have to place my child father on child support to receive benefits for me when he already cooperates with

1 Answer | Asked in Child Support for Florida on
Answered on Feb 12, 2019
Terrence H Thorgaard's answer
You may not be his responsibility, but supporting your children is the responsibility of both of you. Therefore the state requires that he help it support them.

Q: what does this mean? "Order Denying Injunction Before Hearing Recorded"

1 Answer | Asked in Domestic Violence for Florida on
Answered on Feb 12, 2019
Terrence H Thorgaard's answer
It appears that the judge denied her request for a restraining order, and signed an order so denying it. Then the order was recorded (so as to possibly constitute some sort of a lien on real property).

Q: what Is an irrevocable License in Florida to park few cars in my property? They did not spend any money on my property.

1 Answer | Asked in Contracts for Florida on
Answered on Feb 12, 2019
Terrence H Thorgaard's answer
The phrase "irrevocable license" is an oxymoron. If it's non revocable it's not a license but an easement (or other interest in the land). Read the terms of the license and confer with an attorney to see how to cancel it.

Q: Is it legal to hire an outside help to do a small job on condominium property and deduct the cost from monthly assessme

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Feb 10, 2019
Terrence H Thorgaard's answer
No, if you pay someone to fix a problem in a common area, you cannot deduct the payment from your monthly assessment.

Q: i bought truck & trailer the truck out rite and have it in my name { title} the noterized contract says i make payments

1 Answer | Asked in Contracts for Florida on
Answered on Feb 10, 2019
Terrence H Thorgaard's answer
As I understand what you are asking, you have a contract to purchase the truck, as well as the trailer. The sellers cannot produce a document of title for the trailer. If so, the sellers are in breach of the contract.

Q: I am unsure about jurisdiction in a child support/custody case.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Answered on Feb 9, 2019
Terrence H Thorgaard's answer
As far as custody is concerned, the judge in Minnesota was referring to the Uniform Child Custody and Jurisdiction Act, which is law in both Minnesota and Florida. There is an exception, however, when neither party to the original custody decree is still in the state where the custody decree was entered. Thus, since neither parent still lives in Minnesota, the Florida courts could entertain an action to modify custody.

Q: Is it illegal not to answer questions from a police officer in high school?

1 Answer | Asked in Education Law for Florida on
Answered on Feb 9, 2019
Terrence H Thorgaard's answer
You can refuse to answer if what you would say would tend to incriminate you. No, you still have your constitutional rights in school.

Q: what do I have to do for a custody battle in another state

1 Answer | Asked in Child Custody for Florida on
Answered on Feb 9, 2019
Terrence H Thorgaard's answer
You should ask your question in Justia › Ask a Lawyer › Texas › Child Custody.

Q: My brother and i were quit claimed a residential property that we grew up in. He was incarcerated at the time we aquire

1 Answer | Asked in Real Estate Law for Florida on
Answered on Feb 6, 2019
Terrence H Thorgaard's answer
No, from what you indicate, it appears that you both own the property jointly. Why do you ask if he is responsible for taxes, etc.? You both are.

Q: If residents of Fl, and go to Mi., get a divorce, can the court system in Mi. Rule how our property is divided in Fl?

1 Answer | Asked in Divorce for Florida on
Answered on Feb 6, 2019
Terrence H Thorgaard's answer
The short answer is no; the Michigan court cannot divide your Florida property between you. You need to bring an action in Florida.

Q: how Do I request probate reopen in Rhode Island from 3 yrs ago. was purposely left off the probate. I live in Florida.

1 Answer | Asked in Probate for Florida on
Answered on Feb 5, 2019
Terrence H Thorgaard's answer
You should have asked this question in Justia › Ask a Lawyer › Rhode Island › Probate ›. But if in fact you don't want anything, there would be really no point in reopening the probate case.

Q: My fiance and I split and she took my son and moved from Florida to Utah.No agreements, what are my options?

1 Answer | Asked in Family Law for Florida on
Answered on Feb 4, 2019
Terrence H Thorgaard's answer
You would have to ask in Justia › Ask a Lawyer › Utah › Family Law › to see if you could get away with getting him at school, but as far as custody is concerned, you have six months to file suit in Florida. Until then, that is the only state such a suit can be filed. After your son has been in Utah for six months, that state would have exclusive jurisdiction.

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.