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Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Criminal Law, Divorce, Family Law and Communications Law for Florida on
Q: Can a lawyer in VA threaten to put someone in jail in FL if the person does not agree to terms under a civil case?

My husband is being sued by his ex-wife for non-payment of his portion of joint student loans that are part of his divorce decree of which he told her at the time he was not working when it came time for him to pay his portion and wanted to file for a deferment. Student loans show in his name only,... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 15, 2023

If the divorce decree requires him to make certain payments, and if it can be proven that he failed to do that, he can be held in contempt of court. And if he is found to be in contempt of court he could be jailed. It's not clear whether the divorce decree is from Florida or Virginia.

1 Answer | Asked in Criminal Law and Traffic Tickets for Florida on
Q: I was arrested May of this year after my car was searched during a traffic stop. The probable cause cited for initiating

the traffic stop was "failure to dim headlights" FL Statute 316.238. The road I was driving on at the time was divided by a grassy median. Am I correct in wanting to get a motion to suppress filed since according to the definitions of the statute I shouldn't have been stopped in the first place?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 15, 2023

I don't see, in the statute you cited (or in FS 316,2385 or 316.003), an exception for roads divided by grassy medians. But you could make the argument. And, depending on the circumstances of the search, you might want to also argue that the search was not justified even if you were properly... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Hi during a deposition in Florida if asked if I have ever been arrested can I answer NO if it was expunged? Ty
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 12, 2023

No. You will be under oath, and thus obligated to tell the truth. Having been arrested is, by the way, not the same as having been convicted. Objection can perhaps be made to the question, but you have to answer it truthfully.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: íf i am a groomer and a dog dies, am i liable for it?

I am a groomer and a dog died while doing his nail, after a necropsy we found out that the dog had a health condition that could cause his death at any time, but I received an animal cruelty citation before the results. What should I do? can I remove the citation from my name without going to court... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 11, 2023

Contest the citation and explain what happened. You could try to explain to the authorities who are charging you, but you probably will have to go to the court hearing.

It is unclear what you mean by "transfer it to the company [you] work [for]". If you mean the results of the...
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2 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: How do I stop a writ of garnishment?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 11, 2023

If you have received notice that your bank account or wages have been garnished, you need to get a form from the clerk of court on which you would claim whatever exemption applies to you. You send a copy to the judgment creditor and a hearing will be held at which you can testify under oath... View More

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1 Answer | Asked in Civil Litigation for Florida on
Q: My Landlord is trying to keep my $6000 Deposit stating I was only on the lease as a occupant but I was the 1 paying

I have been to pre trail and now set for mediation in 4 weeks

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 8, 2023

It's not clear what question you want to ask, but it might be a good idea to amend your complaint so as to name the lessee as a co-plaintiff.

1 Answer | Asked in Consumer Law for Florida on
Q: Can you explain 715.02.

Does statue 715.02 say a seller can not use a vehicle deposit for tow losses or other, from spot delivering a vehicle when financing fell through and or the seller failed to give a written receipt for the deposit?

Also if a Auto Sales office requests the return of a car, how much notice... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 8, 2023

Florida Statute 715.02 has nothing to do with deposits made on purchases of motor vehicles; it pertains to real property (i.e.: land & buildings).

When you reinstated your insurance, did you immediately notify the dealership?

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: I went to jury duty on 10/4/2012 and got another request to go on 11/2023. is that a mistake, ? can i just ignore it

I went to jury duty on 10/4/2022 and got another request to go on 11/2023. is that a mistake, ? can i just ignore it? i don't think this is fair.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 8, 2023

That was 11 years ago! Do you imagine that once you do jury duty you are immune forever from being required to do jury duty again? By all means, don't just ignore it. Call the clerk of court and ask about it. If you are told that it is a mistake, make sure you get something in writing.

2 Answers | Asked in Consumer Law and Elder Law for Florida on
Q: I have dali lithographs from Center Art Gallery. Are they worth anything?

Purchased Dalis in Honolulu in the 70's/80's also Chagall - Homage to Marc Chagall. Will they appraise?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 8, 2023

Will the "Center Art Gallery", wherever that is, appraise your art? Why not ask them?

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1 Answer | Asked in Real Estate Law for Florida on
Q: We just bought a condo in Ohio.

We closed on October 23rd. Now we get a letter saying they are underfunded by 200,000 and want to double the HOA fees. This comes as a huge shock. We thought we did everything right. Is there any legal recourse we can take besides selling it?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 5, 2023

Your question has nothing to do with Florida law. Youi need to consult with an attorney licensed in Ohio to review the pertinent documents and see if the HOA can get away with it.

1 Answer | Asked in Education Law for Florida on
Q: Florida. Does a private school issuing an addendum mid school year constitute a breach of contract.

My child's school offered free transportation the first few years they were open. This year mid way thru they decided to charge a 200 dollar a month fee I cannot afford. If there is no legislature governing private schools then changes to the handbook should not be made mid year but before... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 2, 2023

Assuming there is no written contract, and unless the handbook specifically states that it will not be changed mid-year, the school probably can get away with the change.

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Family Law for Florida on
Q: Can I get a mediator to help with paying my uncle back some money he gave me? There was a dispute that turned bad. Help

Had a disagreement over the help he was giving me, needed a loan to help pay for a dental plan due to an emergency, and told him it was such, and a big text argument ensued with me doing a really dumb thing. Before and after that dumb thing, I did tell him I was going to repay him every single... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 1, 2023

You don't need a mediator. Just mail him a check when you have the money.

2 Answers | Asked in Collections for Florida on
Q: How to handle credit card law suits?

hello, a family member used my credit without my knowledge and now i have 4 law suits against me for credit card debt. I was not aware of the law suits until i recently tried to buy a car. Since its family i do not want to press any charges and I want to take responsibility for the debts and pay... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 30, 2023

If you have not been served with process in each of the lawsuits, the time in which to respond has not expired. Contact the law firms that filed the suits and attempt to settle.

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2 Answers | Asked in Criminal Law and Collections for Florida on
Q: Is this real??

CASH ADVANCE INC (THE CASH ADVANCE GROUP)

Attention, Debtor

LAWSUIT COURT CASE FILE NO: #UDT-5734942

LAWSUIT COST - $768.46 (INCLUDING ATTORNEY FEE/COURT FEE/ALL TAXES)

LOAN SETTLEMENT AMOUNT- $576.35 (Today’s Settlement Amount, 25% waived off)... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 30, 2023

I agree; it appears to be some sort of a scam. Some things that i question include the language " You will be represented @ 700 Stewart Street, Seattle, WA - 98101". Someone else is asking you for money, so you are not being represented by anyone. But it does suggest that they are... View More

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2 Answers | Asked in Divorce for Florida on
Q: can I get a divorce in the US from my husband in the UK in Miami? I want to get remarried, but he doesn't want to give m

He doesn't want to give me a divorce, but i've been in & out of the US since 2018. I'm with someone here in the US and he wants to marry me. So what can I do here, because in the UK i'm getting nowhere. Me and my partner are both blind as well, if that means anything.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 30, 2023

Yes, if you reside in Florida you can file for divorce in Florida.

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1 Answer | Asked in Criminal Law, Domestic Violence and Elder Law for Florida on
Q: Can I be arrested for driving a car that my exfiance supposedly bought for me 13 years ago?

He is or his civil real estate atty. says I have 10 days to turn the car over a long with his guns.

I turned the guns in last February after he was arrested for trying to kill me.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 26, 2023

It essentially depends on the registration of the vehicle. If it was registered to you 13 years ago, and there is no written contract to the contrary, your ex doesn't have a case.

2 Answers | Asked in Consumer Law, Real Estate Law, Tax Law and Civil Litigation for Florida on
Q: “Having fully answered, defendant prays that the complaint be dismissed at plaintiffs cost”is what lawyer put in the

First paragraph while answering my complaint individually. Is that just a game they’re playing because I looked up some of their other cases and they say the same thing or is it a real motion that I need to defend?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 23, 2023

It appears to be a motion to dismiss. While they may put that language in many such motions, that fact doesn't make it any less a motion which you need to address.

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2 Answers | Asked in Consumer Law and Collections for Florida on
Q: Next steps after receiving zombie debt notice

I live in Florida, and received a debt validation notice trying to collect on an alleged debt with a Florida based credit union (presumably alleged credit card debt), saying the "debt is now owned by [collection agency's name]". Notice states their info shows a balance dated April... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 20, 2023

You might want to start by contacting the credit union. Ask them if their records show you owing them something, and if so, whether they sold the debt to a collection agency.

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1 Answer | Asked in Child Support for Florida on
Q: Holmberg v holmberg 2019 (Minnesota) Supreme Court Case. -separation of powers - child support unconstitutional???
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 20, 2023

This subforum is for discussion of Florida law. You might want to post your question in Justia > Ask a Lawyer > Minnesota.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: In an Florida eviction case, can a plaintiff file an answer after a defendant responds?

I filed an eviction, the defendant responded but made assertions in her response that I would like to refute. Can I issue a response or do I have to wait for a hearing to respond?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 18, 2023

If you want to comply with the Florida Civil Rules, it's unnecessary to file such a response. One does not file a response to an answer; it's unnecessary, because Civil Rule 1.110 (e) provides that "... (e) ... Averments in a pleading to which no responsive pleading is required or... View More

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