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Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Business Law for Florida on
Q: Nonprofit association which is filed under 617 in Florida doesn't comply with my request to inspect records.

As a member in good standing, I have formally requested an inspection of records statute 617.1602 and the organization has not complied with my request. I am looking for proof of elections and all financial records. In addition to that, annual filings are filed under chapter 617 which the president... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 16, 2023

It would be up to you to go to court to enforce your right to see records under Florida Statute 617.1602.

1 Answer | Asked in Criminal Law for Florida on
Q: My lawyer lied to me about how my brother is doing in prison. Is it unethical?

My brother went to jail and I hired him an attorney. I haven't heard from my brother in three months. I asked my attorney to figure out what's going on. He spoke to my brother and called me back and said that he was doing fine and wanted to stay safe in solitary confinement. I took his... View More

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

You refer to the attorney as your attorney, as well as your brother's attorney. Which is it; who does the attorney represent? You may have paid the attorney, but that doesn't necessarily make him your attorney. Also, your brother may not have told the attorney that he was being... View More

1 Answer | Asked in Divorce for Florida on
Q: Can my wife move her mother in without my consent?

I live in Florida. The deed and mortgage are in my wife and I's name. My mother in-law has no legal claim to the home.

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

Yes, she probably can. Each of two joint owners of real property, such as you and your wife, has the right to control what is done with that property.

2 Answers | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can a felon go to a gun range in Florida?

I own a black powder gun and would like to go into a shooting range?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 7, 2023

The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime. See FS 790.001 (2) and (9). So the person who posted the question and owns a "black powder gun" probably isn't violating the law by owning it. In any event,... View More

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2 Answers | Asked in Civil Litigation and Municipal Law for Florida on
Q: My neighbor has a speaker outside pointed at my house playing loud music 12 to 14 hours a day 7 days a week

He plays the music even when he's not home and he is never outside. Is there anything I can do? Isn't this considered harassments?

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

it "sounds" like a nuisance.

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1 Answer | Asked in Contracts for Florida on
Q: What should I do? I was self-employed and they don't want to pay me. I have photos and text message as evidence. Miami
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 2, 2023

Self-employed means that you weren't an employee; you would have had contracts with other people and companies. If they are in breach of contract, you find an attorney and sue them. What is it you would prove with the photos and texts; the terms of your contract or contracts?

3 Answers | Asked in Criminal Law, Civil Litigation, Constitutional Law and Federal Crimes for Florida on
Q: i am the victim of a kidnapping, false imprisonment, car jacking, assault/battery. What kind of lawyer should I look for

Polk county, I was cleaning a friends yard when he ex rolls up, assaults me, steals my truck, takes my phone, makes me ride with him, until I finally jump out, run and call the police from my smart watch. I would like to know what kind of lawyer I should be looking into. I need help with all of the... View More

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

Did you suffer any significant monetary loss? If not, simply expect the State of Florida to prosecute him for the crimes you indicate he committed.

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2 Answers | Asked in Criminal Law and Personal Injury for Florida on
Q: Can you sue the government for taking too long to prosecute?

I went to the police in December 2021 for being a victim of a sex crime. The arrested him last year and we have yet to get a conviction, he has been in jail for over a year. The legal representative for the government is staying in contact but can we sue for the time that this is taking?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 28, 2023

No. Penalties imposed for criminal acts are meant to benefit the public, not private parties such as you. Similarly, if the perpetrator had been promptly prosecuted and acquitted, you would not have had standing to appeal. Your remedy would have been a civil case, if you could have proven money... View More

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3 Answers | Asked in Bankruptcy for Florida on
Q: Can someone come after you for money if you filed Chapter 7 bankruptcy and you included them in the bankruptcy 12 to ago
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 28, 2023

I agree with the others, except to note that some types of claims are not dischargeable in bankruptcy.

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1 Answer | Asked in Business Law for Florida on
Q: Can a contract be voided if it was signed under a false premise due to an egregious error by a plumbing company.

I had a water leak in my home; water leaked through the floors, and out the front door.I had a plumbing company come out to assess the leak.They said I had a leak from underneath the concrete slab, and they would have to cut through the wall and jackhammer through the floor to get to the pipe to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 27, 2023

Yes, assuming the contract has not yet been performed, notify them, in writing, that you no longer need them to do the work.

1 Answer | Asked in Construction Law for Florida on
Q: Can we file a lien on behalf of a customer if we have an open permit?

We have a customer who was going to purchase a house but first, it needed some electrical work in order to be covered by insurance, which the homeowner did not want to pay out of pocket for. Our customer paid us and we completed the work. The homeowner ended up backing out of the sale and leaving... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 27, 2023

It makes sense that your customer would file a lien. Talk to an attorney about the specifics in your case.

1 Answer | Asked in Real Estate Law for Florida on
Q: I own a home with my wife and her mother. Three people on the lease. If a person wanted to sell the home what would happ

As mentioned above, three people are on the lease house. I took out a loan so my in-laws could get a home. They now live in that house. However the name on the house is me, my wife and her mother. If someone wanted to sell the home what would happen. How would this be divided? We never had anything... View More

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

If one of you wanted to sell the home, the proceeds would be divided three ways, equally. As I understand it, you, your wife, and her mother own the property and your mother-in-law, and her husband live in the house. The house could be sold subject to the lease (if all three owners agree), but... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: can you sue in small claims court Florida for events created leading up to an injury for an amount = to hospital costs?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 15, 2023

Yes, you can sue (up to the $8,000 jurisdictional limit in small claims court) for medical injuries sustained by you and resulting in hospital charges.

1 Answer | Asked in Family Law for Florida on
Q: If you confess to your attorney and testify that you don’t recall/remember, can your attorney tell the court you lied?

I got accused of stalking by posting something online in response to something they posted about me. Nothing slanderous, vulgar, etc…. All true and correct. Most just about the persons criminal history. 1. First, it’s not stalking. It s all true information that is public information.... View More

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

You are correct; the information is privileged. But since you have indicated that you will perjure yourself, the attorney's duty is to withdraw from the case.

3 Answers | Asked in Constitutional Law and Real Estate Law for Florida on
Q: Is a homeowner entitled to fly a political flag as well as an American flag?

I received a letter from the HOA stating that under Florida Statue 720.304, I am not entitled to fly a political flag along with my American flag

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 14, 2023

It is not clear what is meant by a "political flag". The statute quoted permits "up to two of the following portable, removable flags, not larger than 4 1/2 feet by 6 feet":

"1. The United States flag.

2. The official flag of the State of Florida....
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2 Answers | Asked in Bankruptcy and Traffic Tickets for Florida on
Q: KY: Will bankruptcy cover a civil suit which has my DL sus.

License has been suspended for 205+ years due to civil suit. Can I file bankruptcy in order to negate this?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 9, 2023

It is unclear how your driver's license was suspended, especially for that long, but no, bankruptcy will normally only discharge many debts, not remove other effects of civil suits, such as license suspensions.

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1 Answer | Asked in Employment Law for Florida on
Q: How can I keep my job? Have 2 residences, become a contractor, use a local address at work?

Hello I currently live in a Florida and am looking to relocate to Nevada. I work for a university but am 100% remote. The Hr department sent back the response below regarding my request to relocate. ?Not registered to operate in the state of NV. Additionally, there are specific licenses that we... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 7, 2023

If you move to Nevada you will have to follow Nevada laws, including occupational licensing, and your employer will have to be compliant with Nevada laws including those pertaining to payroll taxes. Using a Florida license, or the other ideas you asked about would probably be regarded as... View More

2 Answers | Asked in Family Law and Child Support for Florida on
Q: my daughters father stopped paying child support. he makes deposit at the bank. how can i file with the state?

My daughters father makes child support payment by depositing it to my account at the bank on the 1st of every month. This month he didnt do it and did not respond after i reminded him. I want to file for child support payments through the state of florida. How can I do that? He lives in broward i... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 3, 2023

Contact the Florida Department of Revenue Child Support Program:

https://childsupport.floridarevenue.com/

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: My ex spouse threatened to shoot me 2 years ago, and I'm wondering if there is a basis for a legal case

My ex spouse threatened to shoot me 2 years ago, and at first she denied that during my divorce hearing under oath, but during the next hearing, she confessed about it for the record.

She also previously filed 2 DCF cases and 1 domestic violence case against me, which were never proven.... View More

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

Theoretically, it could be a criminal assault case (if she threatened to shoot you at the same time she made the threat), or a criminal case for perjury, but I would doubt that the criminal authorities (either in Florida or in the military) would elect to prosecute. If by "a legal case",... View More

1 Answer | Asked in Criminal Law for Florida on
Q: If a person kills in self defense, can he ask for a lawyer before explaining to the officers what happened in detail?

Only telling the officer it was in self defense.

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

Certainly. He should contact an attorney before saying anything.

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