Lawyers are trying to use negligence. They are not settling with insurance they are trying to get more money.
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
He has paid the taxes from 2018-2022.
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... View More
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
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
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
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
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
the deed was drafted but never finished later then the deed appeared with the witnesses and notary s printed signatures 2yrs later and after the commission date of each notary was expired
answered on Jul 23, 2023
And, presumably, you want to know what can be done about it? Whoever was defrauded could sue to void the deed and clear title to the property. Notaries are supposed to keep records of what and when they notarize documents. The plaintiff could depose the notary and the witnesses to see what, if... View More
Someone has been stealing money from my dad's account in which they're only supposed to be helping him pay his bills! He's 80 and it's 40k after two two yrs..im his son on the account as sole beneficiary! Is it criminal for me to go on a smear campaign after giving the person a... View More
answered on Jul 22, 2023
If by "smear", you mean to publicly say or write bad and untrue things about the person, that's defamation. Defamation is not criminal, but you can be sued in a civil case for money damages if you do that. One thing you might want to do instead is to report the matter to the... View More
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
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
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
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
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
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... View More
Even though he rented to his younger sister? Is the rental agreeement still valid?
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... View More
Should I hire a real estate attorney or a realtor to handle the sale? Also, would the proceeds be considered taxable income by the IRS?
answered on Jun 30, 2023
If you hire an attorney as has been suggested, one of the things the attorney should look into is whether the garage can be sold separately from the residential unit (which presumably you intend to keep).
The long-term capital gain you realize (difference between what you paid for the... View More
The defendant in my lawsuit is "Jane Doe, (D/B/A Jane Doe Services, LLC)". After no agreement was come to in mediation the judge sent an order to the defendant stating they must hire counsel or file a designation of corporate officer. The defendant filled the form out, signed it and... View More
answered on Jun 29, 2023
If it's legitimately a limited liability company, it's unclear why you included "Jane Doe" as the defendant. Unless you have cause to believe that you can "pierce the corporate veil" (in other words get the court to hold "Jane Doe" individually liable), you... View More
We have a radical Qanon activist - self professed digital warrior- who is an elected member of our non profit, all volunteer assoc. She operates 2 Telegram channels & a Rumble site. Both have tons of antisemitic, anti-LGBTQ, anti-govt, etc content. I don’t know that it rises to a hate crime.... View More
answered on Jun 27, 2023
If she is a "provider or user of an interactive computer service", such as the "Telegram channels" and the "Rumble site", it appears that she is protected by 47 U.S.C. 230, other than with respect to content created by her personally. It would be up to your... View More
My ex lives in Pennsylvania she came from Honduras 5 years ago with her other husband and kids. I have a son with her that’s been living with me in Florida since 2015 when I arrived to the state from Honduras. Recently she came down here to Miami to pick up my son to spend the summer in... View More
answered on Jun 22, 2023
If your son stays with his mother in Pennsylvania for six months or more, she will be able to file for custody there, and the Pennsylvania courts will have exclusive jurisdiction to decide custody. You should contact a Pennsylvania attorney for more specific advice regarding how to get your son;... View More
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
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... View More
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
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
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
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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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
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
Do I have to go to PR to do that?
answered on Jun 7, 2023
You petition the Florida court for a name change. When the petition is granted, you would probably send a certified copy of the decree to the Puerto Rican governmental department in charge of birth records and ask for an amended birth certificate. That is the way it is done in most or all states,... View More
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