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Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Florida on
Q: Is it illegal for my friend to let me use and try his gun at a gun range? I have never fired a gun before, No license.

I used his .22 revolver in the state of Florida at a range. I used another revolver .38 that he rented with his money at the range, and I used a stranger's Glock 9mm handgun as well at the range. I shot at targets and learned how to load and reload them, nothing else. Is it illegal for my... View More

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

No, assuming you are not disqualified from possessing a firearm (because of a felony conviction, for example) it is not illegal for you to borrow and fire someone's firearm at a gun range.

But, for the safety of yourself and others, be sure someone gives you basic firearms safety...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hello. My boyfriend is in a 12 month lease for a house that ends in January 31, 2024. He lost his job March 3, 2023.

Can he break the lease and not be penalized since he is not currently employed? Below I pasted the relevant part of the contract:

Termination of Lease Contract: Property Manager does not allow for the early termination of the Lease Contract unless mandated by state or federal law. If... View More

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

No, he cannot breach the lease contract without consequences. In general, he will be obligated for the monthly payments until a new tenant can sign a lease and start making payments. He probably should contact the landlord (or property manager), explain that he cannot continue to make the... View More

2 Answers | Asked in Civil Litigation for Florida on
Q: How can I get evidence admitted after Discovery has ended but before summary judgement motion is filed. What motion?

I just recently filed an appearance as Pro Se after realizing that my attorney was not submitting evidence. I desperately need to get evidence as it contradicts the defense entire strategy. We have already amended the Supplemental Rule 26 once. Do I have to request another amendment in order to... View More

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

Federal Civil Procedure Rule 26 is not about the admission of evidence. It is about discovery and mandatory disclosure. If you feel that what you have disclosed is not complete, make supplemental disclosures as soon as possible. Leave of court is probably not needed. As Ms. Kim suggested, when... View More

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1 Answer | Asked in Consumer Law for Florida on
Q: What can I do about my hardship situation in regards to statute of limitations with requesting a charge off be dismissed

Hardship situation !!! need to have charge off dismissed can this be legally done ? Ty.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 13, 2023

It's unclear what you mean by "charge off, but if you are being sued for a debt, the statute of limitations has nothing to do with any hardship you are experiencing.

2 Answers | Asked in Criminal Law for Florida on
Q: Hi, I'm filling out a power of attorney for a friend currently in jail. Where do I associate his mailing address on form

The template I'm using asks for his address. Do I put the address of the jail he is currently at now or his official (home) address before he got locked up?

2) Also what would I fill in as the witness? Can I leave that blank for the jail deputies to fill out as they would be the ones witnessing ?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 13, 2023

The home address would be fine. It probably doesn't matter, but to be sure, in case someone wants to contact him about it, have him make sure he has the Postal Service forward his mail to him. And yes, leave the name of the witnesses blank.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: What can I do about a landlord refusing us rights to electric after our roommate left town without paying rent?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 12, 2023

If the landlord had the power terminated, it may well be retaliatory contract on the part of the landlord, for which you can seek damages.

2 Answers | Asked in Civil Litigation for Florida on
Q: Debt Buyer has a Bill of Sale without my account # on it. Will a judge accept this as proof they owe the debt?

I stated there was no way to tell if my debt was part of the purchase and asked for the full purchase agreement with my acct # on it to be submitted as proof but I don't know what the law says about this. Are there laws that require the judge not to enter judgment without a witness from the OC... View More

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

A witness from the bank will not be required; a records custodian from the company which purchased the debt will testify for the purpose of admitting the statements, bill of sale, and the notice to you that they bought the debt. An exception to the hearsay rule allows business records to be proven... View More

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1 Answer | Asked in Uncategorized for Florida on
Q: How do I get a piece of mail resent to me since I no longer live in california

I moved to Florida q couple months ago and need all mail resent for me from this settlement to 1525 catmar rd niceville Florida 32578. How do I go about it getting that done?

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

Contact the Postal Service and request that your mail be forwarded to your new address.

2 Answers | Asked in Real Estate Law for Florida on
Q: The previous owners left a rental shed on the property and now they are trying to get it back. Is it mine now?

I purchased a lot with a shed on it which I believe was part of the sale. A rental company called me and said they need access to the property to get the shed. I wasn't informed it was not included with the property nor was I told it was a rental. Now the previous owners and the shed rental... View More

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

The shed is probably part of the real estate and thus yours. Check with the company that issued your title insurance policy to be sure.

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1 Answer | Asked in Civil Rights for Florida on
Q: Can I carry a firearm even in the presence of minors?

I’m Mcdonald’s shift manager and feel as if I need a firarm now a days. I plan on getting my concealed carry license. I am woundering if I would be able to still carry a work even if minors are usually present?

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

That's not a problem. When you get your concealed carry license, you can carry at work unless your employer has a rule that provides otherwise.

2 Answers | Asked in Civil Litigation for Florida on
Q: Are FL civil court judges required to have a hearing after a response to summary judgment is filed?

Read details

During hearing, judge stated she hadn't read my motion. After reading it, instead of doing another hearing judgment was entered against me. Was the judge required to set another hearing after reading my motion so I could argue it's merits? I didn't get the option... View More

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

You don't know whether or not the judge read the motion, but the judge probably did read it. The real issue you raise here is whether a hearing must be held before judgment may be entered. In my experience in Florida, and while there is no rule which requires a hearing, (unlike federal... View More

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1 Answer | Asked in Contracts for Florida on
Q: In preparation for failed mediation, should a Pro Se save a huge amount of evidence for trial?

Plaintiff prepares for Defendant not settling at mediation in spite of three pieces of hard evidence; in which case Plaintiff wonders if saving the 30+ pages for trial would have been a good decision, or if presenting everything at mediation is the best way to settle with a Defendant who tells... View More

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

If, by "save", you mean not using it, that is your choice. In any event, you as the plaintiff are going to need the evidence at trial anyway.

1 Answer | Asked in Criminal Law for Florida on
Q: I have been given a notice to appear with a court date but my case has not been filed with the court?

What does it mean if I was given a notice to appear for disorderly conduct with a court date but the case is not initiated with the court and there is no record?

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

All of the first appearances for the time period are probably held at that date and time. The authorities probably haven't gotten around to filing your paperwork yet.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: In Puerto Rico do you need two witnesses to sign a Quit Claim Deed
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 8, 2023

If it's a deed to land in Puerto Rico, that is a question of Puerto Rican law, not Florida law.

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2 Answers | Asked in Criminal Law for Florida on
Q: Second Amendment question about non violent convicted felons.

Does the recent Bryan Range v. Attorney General United States (21-2835) decision now make it possible for all persons convicted of non violent crimes to keep and bear arms?

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

If you are asking about this 3rd Circuit court case, Bryan Range v. Attorney General United States, et al (53 F 4th 262, 2022), no, just the opposite, actually.

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2 Answers | Asked in Traffic Tickets for Florida on
Q: I live in a gated community with restricted public access. Got issued a traffic violation in the mail to go to court

Heres a quick brief. I went to the boat ramp inside my community and sat down at the end of the dock watching the moon reflect off the lake. As walked of the dock an officer in a unmarked vehicle approached me (with no lights on)and jumped out accusing me to be somebody else asking for... View More

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

Good question. Did the citation you received in the mail indicate how you were supposedly driving with a suspended license?

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1 Answer | Asked in Entertainment / Sports for Florida on
Q: How can I sell alcoholic beverages at an event (dinner party) without buying or owning a liquor license? (Miami, FL)
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 7, 2023

Talk to a caterer who has a liquor license.

1 Answer | Asked in Adoption, Child Custody and Child Support for Florida on
Q: Hi, I’m trying to obtain copies of my legal guardian records from when I was a child in Miami dade county, 40+ yrs ago

I need proof my now deceased grandfather was my legal guardian, he also collected my child support to his name on my behalf and I want to obtain those copies.

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

Call the Clerk of Court and ask them if they have those records from that long ago. They might not have records of child support he received; you might need to subpoena such records from his bank, if you have some sort of cause of action that somehow survived any applicable statute of limitations.

1 Answer | Asked in Contracts and Estate Planning for Florida on
Q: Can I please have help determining if the language in this passage is boilerplate or sneaky language?

It's a receipt, release, indemnification, and refunding agreement for a living trust. It's saying that I acknowledge the partial distribution of the estate and release trhem from any debts, claims, etc. There is a lot of language in here that leaves them weasel-room. Is there any way I... View More

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

I suggest that you pose a question in which you briefly summarize everything but the suspicious language. Then quote the 3 sentences verbatim.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Hi how’re you, what do this mean on the Docket Entry Motion to Set Aside/Vacate Event CONTEMPT

Related Cases

e Parties

Total Of Parties: 4

* Hearing Details

Total Of Hearings: 4

5) Dockets

Total Of Dockets: 66

Event

ige

Docket Entry

Type

Comments

Motion to Set

Aside/Vacate

Event... View More

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

It looks like there will be a hearing on June 14th at 10:00 AM. Miami is in the Eastern time zone, so if you are not in that time zone, adjust accordingly. If you can't access the notice of hearing contact the clerk of court for the Zoom information.

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