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.
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.
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
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...
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.
Terrence H Thorgaard's answer
You can't; you are not their landlord. You could, however, try to persuade the landlord to do so.
You can't; you are not their landlord. You could, however, try to persuade the landlord to do so.
Q: which State has jurisdiction?
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.).
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
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] …".
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
Terrence H Thorgaard's answer
So what would you like to know? It appears that you might have a claim against the title company.
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.
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.
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
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.
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
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.
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?
Terrence H Thorgaard's answer
Certainly. But first, you might want to call your present attorney and find out what the problem is.
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?
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.
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?
Terrence H Thorgaard's answer
Call me Captain Obvious, but, frankly, you really need to retain an attorney to sort his out.
Call me Captain Obvious, but, frankly, you really need to retain an attorney to sort his out.
Q: how do I file for bankrupsy
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
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..
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.
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 .
Terrence H Thorgaard's answer
If the patent has expired, you can't "protect" the patent; it is no longer valid and enforceable.
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?
Terrence H Thorgaard's answer
Your contingent liability for the vehicle loan would probably be discharged. The principal (your ex) would remain liable.
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 ?
Terrence H Thorgaard's answer
Yes, and yes, assuming there is nothing in the lease providing otherwise.
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.
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...
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
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).
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?
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?
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?
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