Questions Answered by Terrence H Thorgaard
Q: Do I have to file an injunction. Feel like I'm being forced to do so.
1 Answer
| Asked
in
Criminal Law, Family Law, Personal Injury and Domestic Violence
for
Florida
on
Answered on Jul 26, 2017
Answered on Jul 26, 2017
Terrence H Thorgaard's answer
You wouldn't "file an injunction" in any event; you would file an application FOR an injunction, asking the court to issue such an injunction.
But I agree with you: I don't see any need for an injunction. Ask the case worker why she is insisting on an injunction.
You wouldn't "file an injunction" in any event; you would file an application FOR an injunction, asking the court to issue such an injunction.
But I agree with you: I don't see any need for an injunction. Ask the case worker why she is insisting on an injunction.
Q: URGENT: Pro se assistance needed with filing a motion for enlargement of time to serve summons and complaint.
Terrence H Thorgaard's answer
Simply, after placing the caption at the top, state in the order what motion is being granted, and what you want the judge to rule. Like this: "Upon motion by Plaintiff [insert your name], time for service of process upon Defendant is extended [or, of you want, "enlarged") for an additional ___ days. Plaintiff shall have until _____ to achieve service of process." Provide a place for the judge to insert the date and sign it.
Simply, after placing the caption at the top, state in the order what motion is being granted, and what you want the judge to rule. Like this: "Upon motion by Plaintiff [insert your name], time for service of process upon Defendant is extended [or, of you want, "enlarged") for an additional ___ days. Plaintiff shall have until _____ to achieve service of process." Provide a place for the judge to insert the date and sign it.
Q: what can I do to stop the father of my daughter to take her on an international trip during class period ?
Terrence H Thorgaard's answer
The child's passport application normally has to be signed by both parents. No properly signed application means no passport. No passport means no international trip for the child.
The child's passport application normally has to be signed by both parents. No properly signed application means no passport. No passport means no international trip for the child.
Q: If the father wont sign the birth certificate, can the mother still file for child support in florida?
Terrence H Thorgaard's answer
Certainly. The biological father doesn't need to sign an affidavit of paternity to be liable for child support.
Certainly. The biological father doesn't need to sign an affidavit of paternity to be liable for child support.
Q: House title "husband and wife"
Terrence H Thorgaard's answer
Yes, that is one effect of Florida's homestead provisions, provided that you live in the home together, the real estate meets certain size standards, etc.
Yes, that is one effect of Florida's homestead provisions, provided that you live in the home together, the real estate meets certain size standards, etc.
Q: is there a time limit on parental kidnapping from state to state
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Florida
on
Answered on Jul 23, 2017
Answered on Jul 23, 2017
Terrence H Thorgaard's answer
You can sue her for custody or visitation. You didn't indicate where they are, but if there was not a court action before concerning custody, and the children have been in that other state for at least six months, you would sue here there. There is no time limit (or statute of limitations), assuming that they are still minors.
You can sue her for custody or visitation. You didn't indicate where they are, but if there was not a court action before concerning custody, and the children have been in that other state for at least six months, you would sue here there. There is no time limit (or statute of limitations), assuming that they are still minors.
Q: Can my brother just put me out
Terrence H Thorgaard's answer
Yes, your brother can just put you out. You are a tenant, so the safeguards of the landlord-tenant statutes don't apply.
Yes, your brother can just put you out. You are a tenant, so the safeguards of the landlord-tenant statutes don't apply.
Q: Can a person put a lien on your mobile home in Florida(in a gated senior community) without proof that you owe him money
Terrence H Thorgaard's answer
Yes, in general, he can. It would be a construction lien (commonly called a "mechanic's lien" in most other states). See Florida Statute 713.010 et seq.
Yes, in general, he can. It would be a construction lien (commonly called a "mechanic's lien" in most other states). See Florida Statute 713.010 et seq.
Q: We received an adverse claim regarding the 3,106,000 shares of SFRX.What can I do
2 Answers
| Asked
in
Contracts, Broker Fraud, Business Law and Securities Law
for
Florida
on
Answered on Jul 22, 2017
Answered on Jul 22, 2017
Terrence H Thorgaard's answer
You need the services of an attorney who works for you, not the other party. I don't know why you were required to pay the other party's attorney, but it may be something in the contract. Your attorney can review the whole matter and advise you.
You need the services of an attorney who works for you, not the other party. I don't know why you were required to pay the other party's attorney, but it may be something in the contract. Your attorney can review the whole matter and advise you.
Q: My insuror sold me a policy for my building that I found out was below what the building itself is worth. What happens
Terrence H Thorgaard's answer
Are you asking about homeowner's insurance? The policy value should have been set according to the appraised value. Did you have an appraisal?
But in any event, no. You now know that the building is undervalued in the policy. You simply get the insurer to raise the value, before a loss occurs.
Are you asking about homeowner's insurance? The policy value should have been set according to the appraised value. Did you have an appraisal?
But in any event, no. You now know that the building is undervalued in the policy. You simply get the insurer to raise the value, before a loss occurs.
Q: As a small business owner, are there any legal issues surrounding donating a portion of my proceeds to a cause?
Terrence H Thorgaard's answer
If you want a deduction for federal tax purposes, you need to get, from the program to which you will be donating, a copy of an IRS determination that the program qualifies under section 501 (c) (3) (or other such subsection).
If you want a deduction for federal tax purposes, you need to get, from the program to which you will be donating, a copy of an IRS determination that the program qualifies under section 501 (c) (3) (or other such subsection).
Q: My friend was doing time in federal prison, now hes back in county and it says he's awaiting federal trial? What's goin?
Terrence H Thorgaard's answer
It's possible that the federal prison system has asked the county jail to hold him for them, pending the federal trial. The feds may not have a prison very close to the federal courthouse.
To find out what the charges are, you can go online and search PACER. You will be able to see the details of all federal cases there may be against him.
It's possible that the federal prison system has asked the county jail to hold him for them, pending the federal trial. The feds may not have a prison very close to the federal courthouse.
To find out what the charges are, you can go online and search PACER. You will be able to see the details of all federal cases there may be against him.
Q: Did I break the terms of my iOS iphone EULA? Did I break copyright law?
1 Answer
| Asked
in
Contracts, Copyright, Communications Law and Intellectual Property
for
Florida
on
Answered on Jul 21, 2017
Answered on Jul 21, 2017
Terrence H Thorgaard's answer
Did your phone company tell you that you had violated their EULA? If not, I don't think you have to worry about it.
Did your phone company tell you that you had violated their EULA? If not, I don't think you have to worry about it.
Q: Can I sue my landlord for mental anguish or emotional distress?
Terrence H Thorgaard's answer
Can she tell your friend to stay away? Perhaps.
Can you successfully sue her? It's quite doubtful.
Can she tell your friend to stay away? Perhaps.
Can you successfully sue her? It's quite doubtful.
Q: How can I get back on my daughters birth certificate and her have her birth name restored
Terrence H Thorgaard's answer
No, I believe what she needs to do is to petition the court for a name change.
No, I believe what she needs to do is to petition the court for a name change.
Q: What is the ordence/law # for Florida's leaving a dog in a unintended vehicle?
Terrence H Thorgaard's answer
For local ordinances, you would have to check with your county or incorporated area. Statewide statutes can be found at:
http://www.leg.state.fl.us/Statutes/index.cfm?Mode=View%20Statutes&Submenu=1&Tab=statutes&CFID=102898592&CFTOKEN=84ba7d6cbfd4746c-FC4CD4D3-F226-1F28-BAFB9E61836E59FE
For local ordinances, you would have to check with your county or incorporated area. Statewide statutes can be found at:
http://www.leg.state.fl.us/Statutes/index.cfm?Mode=View%20Statutes&Submenu=1&Tab=statutes&CFID=102898592&CFTOKEN=84ba7d6cbfd4746c-FC4CD4D3-F226-1F28-BAFB9E61836E59FE
Q: My husband and I purchased a new vehicle 2 weeks ago. We signed a contract and got all of the paperwork.
Terrence H Thorgaard's answer
If you read the contract carefully, I suspect that it is contingent upon financing.
If you read the contract carefully, I suspect that it is contingent upon financing.
Q: I am 18 and I live in Florida .What do I have to do to buy a buy a rifle from a local gun shop?
Terrence H Thorgaard's answer
Federal law requires that you be at least 21 to buy a handgun. Florida doesn't require that you have a license to possess either a handgun or a long gun. So if you want to buy a rifle you shouldn't have any problem. Check with the gun shop to be sure.
Federal law requires that you be at least 21 to buy a handgun. Florida doesn't require that you have a license to possess either a handgun or a long gun. So if you want to buy a rifle you shouldn't have any problem. Check with the gun shop to be sure.
Q: I want to know if I get a second job will child support find out
Terrence H Thorgaard's answer
it shouldn't make any difference; your monthly child support amount is already fixed.
it shouldn't make any difference; your monthly child support amount is already fixed.
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