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Questions Answered by Terrence H Thorgaard
2 Answers | Asked in Landlord - Tenant for Florida on
Q: I filed a "motion for the court to determine the rent" included in my response to an eviction summons.

I filed a "motion for the court to determine the rent" included in my response to an eviction summons. The judge approved and responded with a "Notice of Hearing and Order to Appear via Zoom"- included in this was an order for us to pay $3200, as I mentioned in response to the... View More

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

No. An order determining rent requires that you pay the money into the registry of the court. Only if you pay that amount can your defenses be considered.

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: Duke has 3 anchors in our front yard on our side of the fence. We have a clear title and deed.

There is no record of an anchor easement anywhere at the Property Appraiser Office or at the County Clerk's Office. Duke Engineers came out and insisted they had been there awhile and later emailed a notarized document that went back to 1960 (not paged or numbered with the Property Appraiser)... View More

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

It is not clear that you or your predecessors in title were aware of the anchors. If not, you need to file a lawsuit to have them removed and perhaps for a declaratory judgment that they have no prescriptive easement. The statute of limitations is probably seven years, not twenty. See Florida... View More

2 Answers | Asked in Family Law and Civil Rights for Florida on
Q: I'd like to add family members using legal instruments. For instance, I would like to add step-cousins without marriage.

Is it possible to 'assemble' a legal family that is not blood related? For instance, I'm alone and would like to add 2 cute step-cousins (one Asian and the other South American) and a step-sister without marriage. Is this possible now or is it something that has not been legalized?... View More

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

It is not clear what, if any, possible advantage there would be to "make" someone your kin.

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1 Answer | Asked in Employment Law for Florida on
Q: Do I have to pay back relocation money if I stay with a company but relocate elsewhere on my own dime?

I relocated from CA to FL for a job. The contract states relocation $$ must be paid if you leave the company within 2 years. If I stay with the same company but move home to CA and continue to work for them, do I owe them the reolcation money still? The company has offices in both CA and FL.

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

No, assuming the text of the contract doesn't provide otherwise, you don't have to pay it back.

1 Answer | Asked in Family Law for Florida on
Q: Hi I was born in Puerto Rico live in Florida want to change the spelling of my first name from the one on my birth certi

I always spelled and sign with 2 SS not Z as is on my certificate want to have it as I sign on certificate

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

You can apply to the court, in Florida, to change the spelling of your name. If approved, Puerto Rico would probably be asked to issue an amended birth certificate to reflect the name change.

1 Answer | Asked in Criminal Law for Florida on
Q: I was assaulted with a knife, but I haven't filed a report yet. The individual responsible has already left the state.

My wife has been enduring prolonged stalking and threats from a neighbor. The situation escalated to the point where I was attacked with a small kitchen knife. Shortly after, while I was called out to my porch, the neighbor unexpectedly lunged at me from an angle beyond the reach of the cameras,... View More

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

Yes, or the assailant could possibly be arrested in another state and extradited to Florida.

2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: How soon after the county clerks office uploads a settlement offer is the plaintiffs lawyer notified of proposal?

I can see on our county clerks website a settlement proposal has been submitted by the defense attorney, when I asked my lawyer about it they said they hadn’t received any proposal, how long does it take for them to generally get notified?

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

Documents submitted on the Florida Courts E-filing Portal are normally emailed to all parties. If this is what you mean, it appears that your lawyer simply hasn't checked his or her email since the proposal was uploaded.

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1 Answer | Asked in Business Formation, Consumer Law and Contracts for Florida on
Q: I trade-in my car in Dec. 2023, as of now the dealership has not paid it off. Now I have a charge off on my credit

I report the dealership to the DMV. The DMV advised to file a complaint with the dealership insurance bond company. I followed instructions. I was served and the insurance company is suing me and 4 other defendants. They stated myself and the 4 defendants will have to split a $25,000 bond. Any... View More

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

You want to know why you are being sued. The complaint which names you as a defendant should indicate why. If it doesn't, consider moving to dismiss.

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: my daughter and her boyfriend was scheduled to move 6/30 but they couldn’t move until07/05 because they were both out

Of town but they paid their 1st month’s rent through the residential portal and notified the leasing office that they will not be able to move until 07/05. On 07/05, my daughter went to pick up the key and she was informed that they needed to sign a new lease. The new lease is $280 more a month... View More

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

I find it difficult to believe that the lease can be "cancelled" simply because they didn't move in at the beginning of the lease term. You might want to review the text of the lease for any language that might suggest that. If they refuse to put it in writing, it wouldn't... View More

2 Answers | Asked in Civil Litigation and Civil Rights for Florida on
Q: What is a writ of mandamus? Is it used to force the court to acknowledge fraud or constitutional rights violations?

Let’s say a legal dictatorship is occurring. Many people are experience the same thing. I want to force the court to acknowledge their abuse, prejudice, and criminal activities. Within their abuse, they violated my constitutional rights and prejudiced against me criminally. My time limits for a... View More

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

Or to require a government official to do, or not do, something according to the mandate of the law (hence the same root word). "From Latin mandāmus (“we command”)." https://en.wiktionary.org/wiki/mandamus

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1 Answer | Asked in Divorce for Florida on
Q: I divorced my wife in Tampa, Florida and it states in our divorce agreement that she is to pay me 30k.

It also states I need to refinance my car into my name, but in texts we stated that once she pays me the 30k I would pay off my car and take her name off. She put the house up for sale and then took it down. Now I don’t know how to get the 30k and I don’t have money for a lawyer.

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

Presumably the agreement provides that she is to sell the house. If you can't afford an attorney, you will have to write and file your own motion, a motion to hold her in contempt of court.

1 Answer | Asked in Elder Law for Florida on
Q: Father lives in Tennessee with Girlfriend - got sick while in hospital Girlfriend became POA as family was in Fl - took

Control over all assets changed his Will, sold his car - accessed and closed his 3 personal bank accounts, transferred $ to her accounts ect .. from the hospital my father ended up in long term care / she sold the home they lived in which was 50/50 - took her 50% and moved with her family in... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 6, 2023

You and your father should discuss this with an attorney in Tennessee who is familiar with elder law. It is not, as of yet, a matter of Florida law.

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: I am 19, can i be charged if i have my fathers handgun in his car when i am by myself in the state of florida?

Can I use it in a moment in which my life is threatened

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 6, 2023

It is not, in general, illegal for a person aged 19 to possess a handgun. And, again in general, it is legal to possess a firearm in a vehicle if it is properly secured. So, it shouldn't be a problem.

1 Answer | Asked in Consumer Law and Identity Theft for Florida on
Q: My sister used my identity to get a loan - forged my signature (I hired a handwriting expert and have a written report.

My sister was killed in a car accident which is how I found out that there is a $10k loan balance in my name. I do not want to pay this as I DID NOT create it. What do I do?

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

Send a certified letter to the lender with your written report.

1 Answer | Asked in Civil Litigation for Florida on
Q: The father of my children is using my vehicle, he was previously paying the monthly installment for it, so I didn’t mind

He has stop paying those installments. So I am requesting my car back. Can I report this vehicle stolen?

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

No, you shouldn't report that it has been stolen; you allowed him to use it.

2 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: Can a Motion to compel evidence be submitted after the close of discovery? After Summary Judgement has been denied?

I parted ways with my lawyer bc he refused to submit evidence or request a motion to compel evidence (I.e recorded calls etc) in a section 1981 race disrimination case. I'm now trying to supplement the record. I asked him to file a motion to compel but he didn't. I'm wondering if its... View More

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

Part of the problem is what you call your motion. A "motion to compel evidence" is very unusual. What would you seek;

an order that the other party answer certain questions (interrogatories),

submit to a deposition,

produce certain documents,

admit or...
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1 Answer | Asked in Divorce for Florida on
Q: My divorce hearing is tomorrow. Do I need a form to ask for alimony?

Does the judge ask or do I have to mention it?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 4, 2023

Alimony should be mentioned in the pleadings which have already been filed. Be sure to ask the judge if the judge doesn't say something about it.

1 Answer | Asked in Family Law and Landlord - Tenant for Florida on
Q: If an uncle dies . Does his children and grandchildren have a right to the key of his fathers house ?

Even though he rented to his younger sister? Is the rental agreeement still valid?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 4, 2023

If he rented the house to his sister, unless she has a lease, his personal representative can give her notice to, in a timely manner, vacate the premises. If she has a lease, she can probably continue to occupy the house until the end of that lease.

For how to have someone appointed as...
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1 Answer | Asked in Land Use & Zoning for Florida on
Q: Irrigation question

My nieghbor parks his employers truck right up to the property line in the grass and complains my irrigation gets his truck wet. I have adjusted them and informed him what day and time it runs..he refuses to move his vehicle into his empty driveway. Says he will take legal action for idk.

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

What is your question? A wet truck does not constitute money damages which would justify a lawsuit. Call the neighbor's bluff.

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