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Questions Answered by Terrence H Thorgaard
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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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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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

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

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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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?

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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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

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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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

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.

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 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

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