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Questions Answered by Terrence H Thorgaard
2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: Can a cop take my gun out my vehicle without me present just because he saw it in my vehicle?

I was in Walmart and the cop was at my vehicle with my 3 kids and asked my oldest (15) to get out of the vehicle and to sit in the driver's seat because he couldn't see what she was doing and felt uncomfortable. My daughter got out and went and sat in the driver's seat and when she... View More

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

You didn't indicate why the police asked your daughter to sit in the driver's seat. Did they have cause to suspect something? Other than that, it seems that you weren't really damaged by what may have been a Fourth Amendment violation. Depending on the circumstances, you might... View More

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2 Answers | Asked in Criminal Law for Florida on
Q: What does this mean? ORDER GRANTING MOTION TO SETASDE THE BOND ESTREATURE

ORDER GRANTING MOTION TO SETASDE THE BOND ESTREATURE

THIS CAUSE, having come on to be heard on the Surety, XXXXX, Motion to Set Aside and the Bond Estreature and the Court having considered the circumstances, the agrcement of the parties, and being otherwise advised in the premises, it is... View More

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

It's difficult to make out, particularly with all of the spelling errors, "Estreature" in particular. Your best bet would be to read the motion which was granted by this order.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Will the law allow my children to quit deed me the house my husband left us when they were minors.

He did not realize it would not go just to me. My name was not on the house. He left them cash.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 22, 2023

Sure, if your children now own the house, they can, if they want, convey it to you. There may, of course, be tax consequences.

2 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: I filed a small claims suit and it was accepted by the court seven weeks ago. Should I know my court date by now?

The defendant and I are both located in Florida. I filed a small claims court suit seven weeks ago and it was accepted. I paid court fees already. I have received no information since filing. Is this normal? Am I just waiting to get my court date?

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

You need to get the clerk of court to issue a summons which will set a date and time for a pretrial conference (i.e.: the "court date"). You need to get this served (by the sheriff's department or a process server) on the defendant.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have a notice of lack of prosecution to show up to court my debt has been submitted to collections who do I pay?

From a previous landlord

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 17, 2023

A "lack of prosecution" hearing is for the plaintiff (person suing) to show the judge why the case should not be dismissed, generally because nothing has happened in it for some time. You don't need to show up, and it will be dismissed eventually unless you can be served with... View More

2 Answers | Asked in Estate Planning, Elder Law and Gov & Administrative Law for Florida on
Q: Can I be a professional POA

I live in an area that is majority elderly. Elder abuse has become a huge problem and I know several people that have a hard time managing their money. I would like to offer POA services for things like managing bank accounts, paying bills, etc. Am I able to do that without being a lawyer? Am I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 17, 2023

A person who has been given a power of attorney by another person is called an "attorney in fact". You don't have to be licensed to practice law, to be an attorney in fact, but be sure you don't engage in the practice of law or perform public accounting, because you have to be... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have a letter from the courthouse I got eviction last year on my letter stating dismissed with pre-judice and $0.00

What does it mean I keep getting different answers

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 17, 2023

One would have to read the "letter" to be sure, but it appears that someone, perhaps your landlord, sued to evict you. The judge appears to have dismissed the case "with prejudice"; that means that the plaintiff (the person who sued you) is not allowed to sue you again for the same thing.

1 Answer | Asked in Small Claims for Florida on
Q: i let a friend use my credit card and agreed for her to pay me back soon after, 9 months later and she hasn’t paid

a friend asked me for a favor to let them use my best buy credit to buy a laptop for their son that is going to college, i reluctantly allowed her to after asking me many times. She was my boss at my job at the time and i felt pressured to do her the favor. We agreed on paying me back a month or... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 17, 2023

You could sue her in small claims court, but even if you get a judgment, collecting it may be difficult. So, accept what she pays you, but be sure to keep written, signed and dated documentation, including a payment agreement, receipts, etc.

1 Answer | Asked in Tax Law, Business Formation and Business Law for Florida on
Q: When a non-profit organization dissolves, does the IRS-required asset-distribution clause apply to fixed assets, home?

The previous question I asked was intended to apply to Florida not California. The scenario would apply to partial funds from 501(c)3 donors used to purchase a home in Baja California which is Mexico over 25 years ago while the majority was used to purchase from "own" private funds.... View More

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

Yes, when a non-profit corporation is dissolved, the assets covered by the asset-distribution clause applies to real property such as that in Mexico. It's essentially a matter of federal law, so it doesn't much matter whether the non-profit was incorporated in Florida, California, or elsewhere.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Probate of a Florida lawful will be required to have it accepted by the property registrar's office of Puerto Rico.?

My late brother resided in Florida and had his will prepared there (Orlando), and also he has a property in Puerto Rico. His widow had submitted thru her lawyer all the required documents to the property registrar's office, but they kept rejecting it, alleging that the will must be submitted... View More

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

What the property registrar's office told you is correct. A probate petition must first be filed in the state of the testator's residence, in this case Florida.

1 Answer | Asked in Estate Planning and Family Law for Florida on
Q: My siblings are all in the USA and they want to gift me the house left my my father after he died. Can they do it with

Out going to Puerto Rico? Our mother still luves in the house.

Thank you

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 12, 2023

It's very likely that there would be no need for them to go to Puerto Rico (where I assume the house is located, and assuming they have title). Contact a lawyer licensed to practice law in Puerto Rico to prepare a deed and to arrange the transaction without the necessity of travel.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: I am a joint land owner in Arkansas. One co-owner has allowed a family member to take up permanent residence.

No legal documents, lease agreement, etc..

65 acres of pasture land, pond and a mobile home. Husband, wife and 5 kids.

What are the land owners liabilities?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2023

This is a question of Arkansas law. It has nothing to do with Florida law.

1 Answer | Asked in Uncategorized for Florida on
Q: can a person file charges against 18yr old who testified when they were 16 saying they lied?

Person had injunction against them and had their guns taken away. Claims the 16 yr old lied and will file charges against them when they turn 18. The 16 yr old claims that they did not lie and is very frightened of the person.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2023

Criminal charges can be filed by the state, not the person about whom the minor testified. Charges should be filed immediately upon discovery of the alleged perjury, and they wouldn't wait until the minor turns 18.

1 Answer | Asked in Consumer Law and Insurance Defense for Florida on
Q: I have final settlement check for my hurricane damage. The final check was not given to me by my own lawyer.

continued.. How can I demand the check. No explanation was given to me and no answer was provided to me when I signed and completed settlement paper. No settlement check was given to me. My house was fixed but there's still pending check due to me that was not given to me by my own lawyer.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2023

Your post is not very clear. Apparently, your attorney hasn't responded to your communications. If you have the check, it's made out to you and your attorney, and your attorney endorsed it, there should be no problem with your depositing or cashing it.

1 Answer | Asked in Business Law for Florida on
Q: How can you protect personal property and assets from a lawsuit involving a LLC? Lawyers trying to use negligence?

Lawyers are trying to use negligence. They are not settling with insurance they are trying to get more money.

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

Evidently you, as well as an LLC in which you have an interest, are being sued. If the lawsuit ends up with a judgment against you as well as the LLC, the judgment creditors could levy upon property belonging to either or both judgment debtors, you and the LLC. So, trying to transfer your assets... View More

2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: My friend has been paying the taxes on 2 properties of his deceased friend. How can he acquire title to said properties?

He has paid the taxes from 2018-2022.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 29, 2023

Assuming that he doesn't have "color of title" (something in writing giving him a claim to the property), he must comply with Florida Statute 95.18 (entitled "Real property actions: adverse possession without color of title").

That statute requires that he make...
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2 Answers | Asked in Car Accidents for Florida on
Q: Do I contact an attorney if insurance company is investigating? minor vehicle accident no damage, other driver suing.

I was the rear driver. Police report says no damages or injuries. Other driver said he was going to claim his neck hurts because I said " there is no damage" before asking if he is ok. My insurance said I do not need attorney while they investigate, but I feel I should. Please advise

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 29, 2023

Until you are served with a summons, you don't officially know that "other driver suing". Sit tight and let your insurance company complete its investigation. When and if you are served with process, be sure to notify the insurance company. At that point they will get an attorney... View More

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3 Answers | Asked in Civil Litigation, Civil Rights, Health Care Law and Juvenile Law for Florida on
Q: Good morning, My (12 year old) daughter is a type 1 diabetic, and she was denied her accommodations at a Summer camp in

My daughter is type 1 diabetic, and she was denied her accommodations at a summer camp in Florida in which she was enrolled and we have been paying for more than 1 year to save her place, on June 15, 2023 I filled out all the forms required by the camp with all her necessary accommodations,... View More

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

Receive the refund and enroll her in another camp, one that is willing to meet her medical needs.

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2 Answers | Asked in Collections for Florida on
Q: What does Satisfaction of garnishment mean?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 27, 2023

A satisfaction of judgment is something that a judgment creditor might file to indicate that the judgment has been collected and is no longer owed by the judgment debtor (normally the defendant). A writ of garnishment is issued by a court directing a bank or employer to monies belonging to a... View More

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2 Answers | Asked in Criminal Law and Identity Theft for Florida on
Q: I received letter from postal inspection service that I have been identified as a possible victim of alleged mail theft

Recently I received a letter from postal inspection service that I have been identified as a possible victim of alleged mail theft.

A few months ago somebody broke into my bank account made 2 fradulent transactions. I had to close a bank account and open a new bank account . Also a few... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 24, 2023

I wouldn't worry about revenge, but I would be hesitant to fill out the affidavit insofar as personal data is requested. You indicate it is supposedly from a police department; I would contact the police department independently (not using the contact information you received in the mail) and... View More

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