Questions Answered by Terrence H Thorgaard

Q: Can someone use text message as Evidence to against another person in court, Or Investigated Even citizens arrested.

1 Answer | Asked in Criminal Law and Sexual Harassment for Florida on
Answered on Oct 22, 2018
Terrence H Thorgaard's answer
Yes, a text message can be admitted into evidence, assuming it complies with all other rules of evidence, including relevance and assuming it's not hearsay.

Q: Is the opposing party allow to request a deposition on a family case via a telephone call?

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Answered on Oct 22, 2018
Terrence H Thorgaard's answer
Are you asking about requesting (scheduling with the opposing party) the deposition or are you asking about a telephonic deposition?

If it's the former, no; the notice of deposition has to be in writing.

If it's a telephonic deposition, sure; the deponent would be at the location of the court reporter, who would also, as a notary, administer the oath. Other parties could appear by telephone, assuming that the appropriate technology is available. What possible objection would...

Q: Husband and wife are on the lease agreement. Their 25 year old son is now living with them.

1 Answer | Asked in Real Estate Law for Florida on
Answered on Oct 22, 2018
Terrence H Thorgaard's answer
You can't; you are not their landlord. You could, however, try to persuade the landlord to do so.

Q: which State has jurisdiction?

1 Answer | Asked in Gov & Administrative Law for Florida on
Answered on Oct 18, 2018
Terrence H Thorgaard's answer
Your attorney would know best, but I don't think that the Florida court will decline jurisdiction which it clearly has under the Uniform Child Custody Jurisdiction and Enforcement Act (Florida Statute 61.501 et seq.).

Q: Sighned birth certificate I been paying every since. back pay 15,000 hes 18 next month..what happens now

1 Answer | Asked in Child Support for Florida on
Answered on Oct 18, 2018
Terrence H Thorgaard's answer
Is there a court order pursuant to which you have been paying this child support? If so, the order should provide when you can stop making payments (normally when the child turns 18 or often when he also finishes school]. I don't know what you mean by "... back pay 15,000 [dollars, I assume] …".

Q: The title company paid 28k to a collection firm to pay off a judgement that had been dismissed 120 days nothing

1 Answer | Asked in Real Estate Law for Florida on
Answered on Oct 18, 2018
Terrence H Thorgaard's answer
So what would you like to know? It appears that you might have a claim against the title company.

Q: What are the ramifications of not allowing my child to see his grandparents when a judge has granted a temporary order.

1 Answer | Asked in Child Custody and Family Law for Florida on
Answered on Oct 17, 2018
Terrence H Thorgaard's answer
If you think the temporary order presents dangers for the child, ask that the temporary order be modified ASAP. Until that happens, you should follow the temporary order.

Q: Hello i am an italian journalist living in belgium working for an american company. They ask me to sign an indeterminate

1 Answer | Asked in Contracts for Florida on
Answered on Oct 16, 2018
Terrence H Thorgaard's answer
How do you mean that a contract providing that they will pay you $667 per month "indeterminate"? By the law of what jurisdiction is such a contract insufficient on those grounds? Is the American company in Florida? If not, you should probably ask this question in another section of Justia; Florida law doesn't apply.

Q: I am a victim of domestic, sexual, and financial abuse. Is there any laws that protect against joint debt?

2 Answers | Asked in Contracts, Domestic Violence, Bankruptcy and Family Law for Florida on
Answered on Oct 16, 2018
Terrence H Thorgaard's answer
The problem will be that the creditor didn't force you to co-sign. Unless you can prove that the creditor had knowledge of coercion, I don't think you would prevail.

Q: Can I hire another attorney to write up my court order?

1 Answer | Asked in Family Law for Florida on
Answered on Oct 16, 2018
Terrence H Thorgaard's answer
Certainly. But first, you might want to call your present attorney and find out what the problem is.

Q: What do I need to do and who do I need to see in order to being able to get the company shares and became a partner?

2 Answers | Asked in Business Law and Contracts for Florida on
Answered on Oct 16, 2018
Terrence H Thorgaard's answer
If your friend wants you to become a partner (if the company is a partnership) or shareholder (if the company is a corporation), insist that he show you the documents.

Q: What can I do if last will and testament wasnt acknowledged and legal process was forced and beneficiary's not informed?

1 Answer | Asked in Probate for Florida on
Answered on Oct 15, 2018
Terrence H Thorgaard's answer
Call me Captain Obvious, but, frankly, you really need to retain an attorney to sort his out.

Q: how do I file for bankrupsy

2 Answers | Asked in Bankruptcy for Florida on
Answered on Oct 15, 2018
Terrence H Thorgaard's answer
If you are in Largo, Florida, you would file in the US Bankruptcy Court for the Middle District of Florida.

You should have an attorney represent you, but it is possible to do it yourself. For more information, look here:

http://www.flmb.uscourts.gov/filing_without_attorney_1/pages/index.html

Q: Im one of the defendents, I have literally no idea about this..

1 Answer | Asked in Copyright and Civil Litigation for Florida on
Answered on Oct 14, 2018
Terrence H Thorgaard's answer
What makes you think it's NOT a scam? From what little information you give, it looks like it's probably a scam.

Q: How do I protect myself against people trying to take an expired patent my dad had over 20 years ago .

2 Answers | Asked in Intellectual Property for Florida on
Answered on Oct 13, 2018
Terrence H Thorgaard's answer
If the patent has expired, you can't "protect" the patent; it is no longer valid and enforceable.

Q: If my ex is the main person on my veh and I am the co signer if I file bankruptcy how does that work?

2 Answers | Asked in Bankruptcy for Florida on
Answered on Oct 12, 2018
Terrence H Thorgaard's answer
Your contingent liability for the vehicle loan would probably be discharged. The principal (your ex) would remain liable.

Q: If my move in date on my lease is a week passed, do I have to break my lease to get out of the contract ?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Oct 12, 2018
Terrence H Thorgaard's answer
Yes, and yes, assuming there is nothing in the lease providing otherwise.

Q: Can an executor of a will hold your money over cosigned student loans he signed on but its not stated in will.

1 Answer | Asked in Probate for Florida on
Answered on Oct 11, 2018
Terrence H Thorgaard's answer
Your question is unclear. If someone has filed to be personal representative of your grandmother's estate, you can check the court docket in the county where she lived to see if a will was filed in that case. Unless your father is named as such in the will, he is not "executor of the will", and in any event is not recognized as her executor unless and until he files a probate petition.

Unless a will, in which she may have left you something, is submitted to probate, it doesn't appear...

Q: Florida Bankruptcy and private student loans

1 Answer | Asked in Bankruptcy for Florida on
Answered on Oct 11, 2018
Terrence H Thorgaard's answer
It's very difficult to get student loans discharged. Under certain limited circumstances it might be possible, but not likely.

Keep in mind: bankruptcy is a matter of federal law; you would file in the US Bankruptcy Court for the US district where you are located (there are three districts in Florida).

Q: Property manager called my landlord to ask them to give us 30 day notice in retaliation of a situation. Is this legal?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Answered on Oct 11, 2018
Terrence H Thorgaard's answer
It's unclear whether it's "legal" to give you a 30-day notice for "causing problems" as you describe it. I assume you have a lease. What violation of the lease on your part does the notice allege?

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.