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Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Uncategorized for Florida on
Q: We have been married 32 years and currently live in an assisted living facility.

My wife's children seem to feel they have the last say as to where we live. My wife has Parkinson’s and dementia and for the most part is bed ridden. Although we live is assisted living “I” am the one who takes care of her. We both agreed long ago that neither she nor I wanted to enter a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 19, 2021

Not unless one or more of your children has been appointed guardian of both of you.

2 Answers | Asked in Family Law and Child Support for Florida on
Q: I'm Pro Se in a Child Support Modification Petition. Am I supposed to name my mother as a "non-lawyer"?

At my request, my mother is helping me to fill out the legal forms and file them online. Do I have to name her as a "non-lawyer" on the legal forms?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 19, 2021

Does the form ask for that? If not, no.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I have an accepted offer on my house. The contract has a contingency that they must be approved for a mortgage.

They have a pre-approval for a mortgage.

I just find out they have a home to sell, this was not put as a contingency on the contract. Now their lender wants them to sell their house first....is this fraud on the my contract with them? They have 15,000 in escrow to purchase my home. Thank you

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 17, 2021

No, it's not fraud, it appears to be a mistake in the drafting of the contract. Whoever drafted it might be liable to them, but you should be able to enforce it, if that's what you're asking.

2 Answers | Asked in Real Estate Law and Elder Law for Florida on
Q: Redevelopment of a golf course to include 200 townhomes 15 feet from the rear of my condo has been proposed.

What legal obligation does the developer have not to interfere with the Quiet enjoyment and undisturbed use and enjoyment of my home? Who is responsible to insure the excavation of the land (treated for decades with insecticides, herbicides, and fertilizers) does not pollute the air or water?... Read more »

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

The first thing I would check would be to determine what stage of the permitting process the proposal is at. Check with your local zoning authorities.

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1 Answer | Asked in Uncategorized for Florida on
Q: IF SOMEONE WROTE ON MY GRANDSON CAR AT SCHOOL IN REGARDS TO HIS SEXUALITY (BEING GAY) IT WILL COME OFF IS It a crime
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 14, 2021

While technically writing graffiti on his car may be a criminal act, if can be easily cleaned the police probably aren't going to do anything about it. Why not ask them?

1 Answer | Asked in Employment Law, Business Formation and Business Law for Florida on
Q: A company wanting to pay me $400 for 2,500 shares. I asked for fare value of current shares and they said no. see below

they quoted: Under Article 113 of the Colorado Business Corporation Act, saying "If you wish to assert dissenters’ rights, you must deliver to the Company, no later than [30 DAYS AFTER NOTICE]" which has expired.. I'm curious if someone sends a notice saying you have 30 days and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 14, 2021

If it's a Colorado corporation, you probably should ask your question in Justia > Ask a Lawyer > Colorado.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: I filed a supplemental petition for modification and my ex has not responded in the allotted time. What do I do next?

I filed a supplemental petition to modify the parenting plan and child support to reflect the timeshare actually received. (She pays bare minimum and does not pick up her days.) I served her these motions and filed with the court, but she has not served me with the proper response. All she has... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 14, 2021

Contact the judge's assistant and ask if you need to schedule a hearing or, alternatively, if the judge will rule on your supplemental petition without a hearing.

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2 Answers | Asked in Civil Litigation, Contracts and Consumer Law for Florida on
Q: Hello, I signed a document through Docusign and was expecting a certificate of completion that makes the contract

legally binding. When I did not receive a copy, I requested through the sender to provide the cert. They were unable to and couldn't find it. When I contacted Docusign to receive a copy, they informed me the contract was voided and that there was never a cert to provide. Even though I signed,... Read more »

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

It the other party to the contract (the "sender", as I understand you) says that they don't have it, get that in writing. If they later find it, with your signature, get a copy of that. I'm not sure how Docusign can decide the contract is "voided", if they are not a party to the contract.

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1 Answer | Asked in Consumer Law for Florida on
Q: Is there a statute of limitations on being sued for debt?

I received a phone call today from a law firm stating I was being sued by a bank for a debt from 2003. The law firm had my social security number, previously used last name, current address and phone number and advised that they'd been contacting me since March, and that collections had... Read more »

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

Yes, the SOL is generally four years. See:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html

1 Answer | Asked in Employment Law and Libel & Slander for Florida on
Q: Hello, Can a prospective employer be sued for rejecting a candidate based on hearsay or negative, unsubstantiated

comments from one of their own employees?

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

You mean sued successfully? Probably not. The prospective employer doesn't need any reason not to hire; employment is "at will" of the employer.

1 Answer | Asked in Uncategorized for Florida on
Q: Are school Parent Teacher Organization rules enforceable?

The local high school is somewhat near another elementary school, and many parents use the HS parking lot as a drop off point for their students. The HS PTO says this is no longer allowed. Are they legally allowed to do this, as the HS is publicly funded?

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

The school board would make the actual decision, but it might very well defer to the recommendation of the PTO.

1 Answer | Asked in Child Custody for Florida on
Q: What steps need to be taken for my husband to have legal visitations with his kids. They live in different states.

It's three minor children, three mothers. Two live in SC and one lives in TX. He wants to get joint custody so that he will be able to see and care for them with no problems.

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

He's probably going to have to file three suits for visitation, each suit where each child lives.

1 Answer | Asked in Criminal Law for Florida on
Q: Can a Plea Deal be hand written or does it have to be typed?
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 4, 2021

It can be hand-written, I suppose. There is nothing magical about machine-printed documents, they are just more convenient. But it would depend upon the judge; he or she might insist that it be "typed" so that it would be more legible.

2 Answers | Asked in Small Claims for Florida on
Q: do I have to pay 20 year old debt

in 2001 i left my boat at the marina unable to pay rent yesterday i got letter to pay money

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

No. The statute of limitations is much shorter than that.

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1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: Can I break my lease without paying anything? Does this constitute as inhabitable?

I moved on the 20th of this month. I paid a full months rent. When I moved in the place smelt like cigarettes, the flooring wasn’t don’t properly. There is a gap between the flooring and the walls in all the bedrooms and living room. The furniture provided was scratched and damaged. The second... Read more »

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

Very few rental properties are perfect. When you moved in you should have inspected the place; if you didn't you are probably responsible for the rent payments for the duration of the lease.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Does my landlord need to give notice if he does not wish to renew our lease?

We moved in 1 year ago after relocating from NJ, we signed a 1 year lease with the property management company. This company is telling us the landlord is no longer using them as management as of September 22nd (19 days from now) which is our lease end date as well. They told us he won't... Read more »

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

Unless your lease has a provision which provides for automatic renewal on the part of the landlord under certain conditions, it terminates at the end of the year, so no, you have no right to notice of non-renewal.

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2 Answers | Asked in Personal Injury for Florida on
Q: My son was removed from his home and the two deputies injured him in the process. Internal affairs is involved.

They now want him to sign a medical release. Should he sign the release?.

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

The only reason for him to sign a release is if they pay him all the compensation to which he thinks he is entitled.

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2 Answers | Asked in Small Claims, Criminal Law, Banking and Collections for Florida on
Q: A while back I had a friend he opened a credit card and added me as a authorized user I got my own card and he got his

We stopped talking haven’t had any contact for months and I’ve been taking care of the card making on time payments there is a balance due and he just froze the account and took me off the account as of today. If I don’t pay that amount that’s left owed now on the account could I be held... Read more »

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

It's true that you probably aren't responsible to the credit card company. But, in theory, you might be responsible for your former friend for what you may have charged.

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1 Answer | Asked in Animal / Dog Law for Florida on
Q: A stray dog bit another dog. We caught the dog for animal control but are now being held liable for the attack.

Why am I being held responsible for a stray dog and what are my rights? We have had the police at our home several times because of the dog. Animal control said they're to full to take it. The humane society isn't accepting dogs. A cop threatened me with going to jail of I didn't... Read more »

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

What is your question?

1 Answer | Asked in Real Estate Law for Florida on
Q: I have lived in apartment for 8 years and owner is selling it. Do I get 3 months to move after sale? I don’t have lease
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 31, 2021

No, you don't. The written notice to vacate will give you so many days, depending on how frequently you are required to pay rent.

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