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Questions Answered by Terrence H Thorgaard

3 Answers | Asked in Child Custody, Divorce, Education Law and Family Law for Florida on

Q: Could my mom with custody refuse to provide education and sent me out of the country to my dad who doesn't? (Minor)

I am 17 years old and a citizen of The United States. When I was 8 my custody was granted to my mom when she got divorced. Later she immigrated to the United States and brought me along. She now bought me a plane ticket and are forcing me to go back to My dad who lives in China. Does she have the... Read more »

Terrence H Thorgaard answered on Aug 18, 2019

You would have to consult with an expert on the laws of China to determine whether your father could "refuse to accept" you. But if your mother has custody of you she can, until you reach the age of majority, require you to take the flight.

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2 Answers | Asked in Criminal Law and Federal Crimes for Florida on

Q: Can police charge the passenger of a vehicle for drugs found in this situation?/Is this sufficient for a wiretap warrant

I was sitting a parked car in the passenger seat of a vehicle with the car keys in my lap. while the driver was inside an apartment. I fell asleep, and I woke up to police. They pulled me out and searched. I had nothing on me but they found "7 or 8" OZ of heroin or meth, a lot of both, 100's of... Read more »

Terrence H Thorgaard answered on Aug 18, 2019

I don't see anything in the original question suggesting that the officer "observed a controlled substance" prior to searching the vehicle. Without any reasonable suspicion, I would question whether there was probable cause to search the vehicle.

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2 Answers | Asked in Tax Law for Florida on

Q: Taxi driver 12,000.00 net yearly income. Considered self employed. Irs says 1,200.00 tax yearly sound correct.

Terrence H Thorgaard answered on Aug 17, 2019

No, it doesn't. Look it up in the tax tables. Did you fail to file a tax return?

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1 Answer | Asked in Contracts for Florida on

Q: I want to understand what the difference would be for my mother to sign limited POA to a trust for which she is the ..

.....beneficiary and I am a co-Trustee (she is not a Trustee) and her brother is the other co-trustee, versus signing limited POA over to just me? The limited POA would be to sell a condominium and handle the funds generated. This condo is in her name and she owned it before she married her current... Read more »

Terrence H Thorgaard answered on Aug 16, 2019

In general, if she gives the trustees a limited POA, the responsibility would probably be better spelled out via the trust documents as well as just the POA. And, of course, you and your brother would have to agree; that's more protection for her.

But she should really consult with an...
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1 Answer | Asked in Civil Litigation, Health Care Law, Legal Malpractice and Medical Malpractice for Florida on

Q: Is there anyway I can sue the hospital for medical malpractice without my stepmother?

Terrence H Thorgaard answered on Aug 16, 2019

Assuming that your stepmother is the victim of the malpractice, no; you have no standing to sue, only she or her estate can do so.

1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Personal Injury for Florida on

Q: Is electronic harassment a federal crime in Florida? I am asking for myself I am currently a victim of this harassment

These perpetrators can spy on my whereabouts 24/7 and have the capabilities of viewing my thoughts on a computer I have no other earthly idea how they do this though.

Terrence H Thorgaard answered on Aug 16, 2019

What makes you think they are doing this?

1 Answer | Asked in Foreclosure for Florida on

Q: Can the bank require more than the amount awarded in a foreclosure final judgement to pay off the property?

Our home was recently foreclosed in Orange County, Florida. The court has postponed the auction because we are about to close on the sale of the property to settle the debt. The bank submitted a payoff statement to the title company that is $20k higher than the final judgement award. Isn't the... Read more »

Terrence H Thorgaard answered on Aug 16, 2019

Yes, the judgment amount (including interest accruing from the judgment date) should be the payoff. Check with the law firm that did the foreclosure for an explanation of the discrepancy.

1 Answer | Asked in Child Support for Florida on

Q: If my child has graduated and turned 18 can i sign a notorized affadavit stating such showing proof of support order

birth cert etc to have my job stop sending child support as it was suppose to stop onces turn 18 or graduates and the child has done both. Its a non ivd case in Georgia and the obligation has been met per support order

Terrence H Thorgaard answered on Aug 15, 2019

Seems reasonable, but you actually should have asked this in Justia › Ask a Lawyer › Georgia › Child Support ›.

3 Answers | Asked in Consumer Law and Contracts for Florida on

Q: Can a moving company ask for more money, five months after they have already been paid?

I hired a moving company solely to pack and move my belongings into a truck. When the work was completed, the company’s rep agreed to not charge for packing materials and issued an invoice accordingly, which was promptly paid. Five months later, the company’s owner is demanding that I pay for... Read more »

Terrence H Thorgaard answered on Aug 15, 2019

Actually you should have asked this question in Justia › Ask a Lawyer › Vermont ›. But in my opinion you are not obligated to pay. Google "accord and satisfaction".

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1 Answer | Asked in Child Support for Florida on

Q: My father paid child support my entire life My mom never collected it. Can I collect it now?

Terrence H Thorgaard answered on Aug 15, 2019

No, child support is payable to the custodial parent (your mother in this case); not the child. It might be possible if the mother assigns her rights to you or (if she's dead) if you are her personal representative.

2 Answers | Asked in Business Law for Florida on

Q: sold small biz last month. if cust are calling me to come back do I have to buy back accts from new owner if hes fired

I sold small lawn business last month. Customers are calling me and complaining about how unhappy they are with the new owner. I want to stay within the law - do I have to buy back the accounts I sold if customers fire new owner? Customers have tried reaching out to new owner and he does not... Read more »

Terrence H Thorgaard answered on Aug 15, 2019

If the bill of sale referred to customer accounts, it's arguable that it included an implicit non-competition clause; and if so the buyer could sue to enforce it.

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3 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for Florida on

Q: insurance company voided my policy for misrepresentation on application. should i cash refund check, is that admission

is that admission of guilt, they stated that when i filed out my application online (which i actually did over the phone with an agent, i answered the question falsely, but agent did ask me for much information. i am being sued due to accident my son had and i received refund. should i cash or... Read more »

Terrence H Thorgaard answered on Aug 15, 2019

I fail to see how any alleged misrepresentations in the application would be relevant to show negligence on the part of you or your son. If you are a witness to the accident, your honesty might be relevant, but otherwise I see no problem with cashing the check.

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on

Q: Purchased Property from DR Horton found out that 10 of back property is public. is this fraud

There is a fence around the parameter of the complex and it was presented as the whole lot was ours. in fact, it was presented as a premium lot that would be easy to fence in because of the back fence already being there. I spoke with neighbors and no was aware that there is a 10ft strip of public... Read more »

Terrence H Thorgaard answered on Aug 15, 2019

And if you didn't get a title search done, you would probably loose because of your negligence in failing to do so.

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1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Florida on

Q: is there a statute of limitations on speeding ticket and possession of alcohol by a minor from 20 years ago?

My fiancé received a letter from a law firm for tickets from 20 years ago for 2 tickets from another state. One for speeding 15 mph and one for possession of alcohol by a minor. It states he needs to appear in court or pay $500. Is this something they can still go after?

Terrence H Thorgaard answered on Aug 13, 2019

If the tickets were from another state, you should ask your question in the Justia section for that state. But the chances are that if he was ticket by a police officer a judgment of guilty has long-since been entered on those tickets; a SOL would not apply. There is an interstate compact on... Read more »

2 Answers | Asked in Bankruptcy for Florida on

Q: FL Chapter 13 Husband has debt no income can he file individually and use household (wife's) income?

Florida home husband holds mortgage does not have income. Wife has income and no debt but is on the deed. Can the husband file individual Chapter 13 using household (wife's) income? Or do we need to file Chapter 13 jointly?

Terrence H Thorgaard answered on Aug 13, 2019

No, he doesn't qualify for Chapter 11 if all the income is from the wife. But why file for Chapter 13 protection? The mortgage can, after obtaining relief from the automatic stay, still foreclose.

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1 Answer | Asked in Child Support for Florida on

Q: My daughters father was paying back child support until my mother passed away last month. Does he still have to pay?

My mother had custody of my daughter and was receiving back child support for years. Does he still have to pay and how does she go about getting the support?

Terrence H Thorgaard answered on Aug 13, 2019

Yes, it would be payable to your mother's estate.

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on

Q: How do I prevent my wife from moving and taking our son from me? Currently we all live under one roof. She wants to move

We are about to go through a divorce and this is the first action she is wanting to do. She is currently out of town cheating on me so now my focus is me keeping custody of my son. She is saying she is going to move next month now that I've caught her but she's saying she taking my son with her. We... Read more »

Terrence H Thorgaard answered on Aug 11, 2019

It wouldn't make much sense to seek a TRO after she moves and takes the child with her because at that stage you would be seeking to restrain her from doing something she would have already done. Find a family law attorney and file for temporary orders immediately.

1 Answer | Asked in Consumer Law and Contracts for Florida on

Q: Need case law or correct search term: 3 party not responsile for equipment breakdown

Moved and setup a clients server 4 years ago to a new location. A few months ago they had power surge which wiped their server, now they are trying to sue saying it was our fault for lose of information (their clients are suing them, they say we are the ones that should be held liable) They were... Read more »

Terrence H Thorgaard answered on Aug 11, 2019

Search term: implied warranty, computer equipment servicing

1 Answer | Asked in Sexual Harassment for Florida on

Q: If a 16 year old plans on jumping or hitting a mid 30 year old man for revenge what will the consequence be?

The revenge part is because of sexual harrassment so

Terrence H Thorgaard answered on Aug 11, 2019

He or she could be arrested and charged with a crime. Depending on a number of circumstances, you could be facing a combination of some very serious penalties. And "sexual harrassment (sic)" is not a defense; don't do it.

1 Answer | Asked in Real Estate Law for Florida on

Q: Improper communication from property manager caused property to be vacant. Can PM be made to pay for the loss ?

Tenant gave written notice on May 1st to prop manager (PM) to vacate on June 30. PM informs owner (me) on May 15th by email. PM sends another email on May 16th saying tenant wants to extend lease to July 30. I write a mail on May 31st asking to reconfirm vacancy date and also giving notice to PM to... Read more »

Terrence H Thorgaard answered on Aug 11, 2019

It appears that the hold-harmless clause protects the property manager from liability to you. Next time be careful what you sign.

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