Questions Answered by Terrence H Thorgaard

Q: Do I need to form a corporation to buy an existing business in my town?

2 Answers | Asked in Business Formation for Florida on
Answered on Jun 18, 2018
Terrence H Thorgaard's answer
There are several ways to organize a business, a corporation is one of them. You should consult with an attorney in your location.
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Q: had credit card back in 2008 or so went to court 2010 couldn't pay it was the only supporter of family,they sent a paper

1 Answer | Asked in Family Law for Florida on
Answered on Jun 18, 2018
Terrence H Thorgaard's answer
It looks like they got a judgment against you in 2010. Judgments are good for 20 years without the creditor having to do anything.

Now they have garnished your bank account, or are thinking about doing so. If and when this happens, you need to get a form from the clerk of court entitled "claim of exemption" (if it hasn't already been served on you), fill it out, and file it with the court. Then ask about getting a hearing set ASAP.

If you can prove that the bank account...
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Q: Can my ex-husband have joint custody of my son even though he isn't the biological parent without adopting him?

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Answered on Jun 18, 2018
Terrence H Thorgaard's answer
I'm assuming you were divorced in Florida. What do the Ohio courts have to do with school enrollment (in Ohio, I'm guessing)?
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Q: My canadian dad was hospitalized in fl. The hospital is asking me to pay. Am I responsible for his bills?

1 Answer | Asked in Health Care Law for Florida on
Answered on Jun 18, 2018
Terrence H Thorgaard's answer
Depends on what is written in the document you signed.
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Q: in a civil foreclosure proceeding. I am representing myself and am wondering on a couple issues of process.

1 Answer | Asked in Foreclosure for Florida on
Answered on Jun 18, 2018
Terrence H Thorgaard's answer
Yes, you can draft your own motion; you don't have to use a "fill in the blanks" form.
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Q: My unwed son was listed as putative father by pregnant ex girlfriend who is filing for baby’s adoption.

1 Answer | Asked in Family Law for Florida on
Answered on Jun 18, 2018
Terrence H Thorgaard's answer
Your question is not that clear. She named him in the putative father registry and he also signed an acknowledgment of paternity? Why did he do that?
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Q: My ex and I were married in 1986 in the state of California, then again in Ohio a couple months later.

2 Answers | Asked in Divorce for Florida on
Answered on Jun 16, 2018
Terrence H Thorgaard's answer
Your California divorce ended your marriage, whether the marriage had commenced with one, two, or a dozen ceremonies, and no matter where such ceremonies happened. Ohio has to recognize the California divorce.
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Q: I’m 17 years old and expecting a baby. Can my parents force me to sign over my rights because I’m not 18?

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Florida on
Answered on Jun 16, 2018
Terrence H Thorgaard's answer
Can the force you to sign a document? No. Can they seek some sort of court-ordered relinquishment? Perhaps.
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Q: Can the association file a lien on my condo after the amount due has been paid? I paid the amount do 10 days before.

2 Answers | Asked in Real Estate Law for Florida on
Answered on Jun 16, 2018
Terrence H Thorgaard's answer
If they mistake and you suffer damages, there are remedies for you. Otherwise simply request a release of the lien.
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Q: My nana just had surgery. The doctor left on vacation before they even closed my nana back up. More info below

1 Answer | Asked in Medical Malpractice for Florida on
Answered on Jun 16, 2018
Terrence H Thorgaard's answer
And what would you like to know?

If she suffered complications and resulting damages, she should see an attorney who handles medical malpractice.
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Q: My lease states that I am responsible for pest control, does that include a carpenter ants infestation inside the walls?

2 Answers | Asked in Real Estate Law for Florida on
Answered on Jun 16, 2018
Terrence H Thorgaard's answer
No, if your lease provides that you take care of it, you take care of it.
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Q: There's lot of talk about "avoiding" probate. What's so wrong with it anyway?

2 Answers | Asked in Probate for Florida on
Answered on Jun 15, 2018
Terrence H Thorgaard's answer
Correctly or not, probate has been viewed as being expensive, requiring the services of an attorney. Many years ago, attorneys were allowed, or in some places even required, to charge a percentage of the value of the estate.
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Q: Can a wrongful death judgment be discharged in bankruptcy in Florida?

1 Answer | Asked in Wrongful Death for Florida on
Answered on Jun 15, 2018
Terrence H Thorgaard's answer
Yes, in Florida or anywhere else in the United States. Bankruptcy law is federal law, not state law. For exemptions from discharge in bankruptcy, see 11 U.S. Code § 523 - Exceptions to discharge:

https://www.law.cornell.edu/uscode/text/11/523

A possible exception to the above statement might apply. See Subsection (9):

"(9) for death or personal injury caused by the debtor’s operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because...
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Q: Jefferson capital suing for fingerhut. Can I get a dismissal based on generic bill of sales and no signed agreement

1 Answer | Asked in Small Claims for Florida on
Answered on Jun 14, 2018
Terrence H Thorgaard's answer
It is unlikely that you will prevail at trial. They don't need a credit agreement signed by you; chances are there is an "account stated" count in the complaint. This means that if you received billings and failed to object you are liable. They will, at trial, probably prove the assignments of the account (your name and the last 4 digits of the account on the redacted spreadsheet will probably be sufficient). The chain of assignments is usually proven at trial via the testimony of a records...
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Q: If i decide to bail somebody out of jail, what am i required to have besides money?

1 Answer | Asked in Identity Theft and White Collar Crime for Florida on
Answered on Jun 10, 2018
Terrence H Thorgaard's answer
Do I correctly assume that you do know the person who used your last name? It's hard to guess what sort of ID that the bondsman required; probably not a good idea to ask unless you want your bond to be cancelled.
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Q: Help on claim of exemption and request for hearing. Bank account frozen by collection lawyers. Support 3 special needs

1 Answer | Asked in Collections for Florida on
Answered on Jun 9, 2018
Terrence H Thorgaard's answer
Show up at the hearing. Bring with you your bank statements, showing where the money on deposit came from. Be prepared to testify as to that, your dependents, and any other income for your household. You should be fine.

Be sure to get an order from the judge dissolving the garnishment, don't leave the hearing without it, and bring it to the bank immediately.
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Q: My 4 children live with me in Georgia. Florida issued a standing order. What overrides a standing order?

1 Answer | Asked in Divorce and Child Custody for Florida on
Answered on Jun 9, 2018
Terrence H Thorgaard's answer
It is unclear what "Florida winning jurisdiction" means. Did the Florida court so rule, did the Georgia court so rule, or did both? To find out whether the children can be moved from their present location in Georgia, one would need to review the order or orders pertaining to "Florida winning jurisdiction" and, if they are unclear, ask the court(s) for clarification.
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Q: My boyfriend is Mexican, married 13 years, is he considered a U.S. citizen ? They need a divorce, by her choice...

2 Answers | Asked in Divorce and Immigration Law for Florida on
Answered on Jun 9, 2018
Terrence H Thorgaard's answer
As to the only part of this that constitutes a question: no, he isn't a citizen simply because he's married to one. But that really doesn't matter anyway, as far as divorce is concerned.
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Q: I hurt myself using a power tool that I modified. I still think it was too dangerous by default. Can I sue?

1 Answer | Asked in Products Liability for Florida on
Answered on Jun 8, 2018
Terrence H Thorgaard's answer
If the defendant (manufacturer, dealer, etc.) can prove that the accident would not have occurred but for your modification, I don't believe you could successfully sue. Speak with an attorney who does product liability litigation.
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Q: Which people do not have to file income taxes?

1 Answer | Asked in Tax Law for Florida on
Answered on Jun 8, 2018
Terrence H Thorgaard's answer
People who don't have taxable income above a certain amount don't have to file.
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