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Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Criminal Law for Florida on
Q: About 8 months ago, my wife alleges that i choked her, i was unaware there were any cameras in the house at the time FL
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 17, 2024

Are you suggesting that your wife installed the cameras without your permission? If she was also an occupant of your home, she probably didn't need your permission.

2 Answers | Asked in Animal / Dog Law for Florida on
Q: My cat was hit and murdered by the FedEx truck on my property is there anything I can do ?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 11, 2024

Have you considered contacting FedEx and asking for compensation?

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1 Answer | Asked in Real Estate Law and Collections for Florida on
Q: How does Judgment Creditor place a lien on FL real estate property owned by Debtor? Property is not homestead.

Judgment Lien Certificate is filed with the state and county that the real estate property is located in.

Do I need to also file a lien on the specific real estate property owned by the debtor to secure my creditor interest in this property?

If so, how does one do that online?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 9, 2024

In many, if not all counties, the judgment is recorded by the clerk of court and thus becomes a lien. Check with the clerk in your county to see what else, if anything, you should do.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My wife has children from two different men. She is currently pursuing child support for an out of state father through

Can she pursue child support from the father of the other two children at the same time?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 3, 2024

Yes, she can seek child support from the fathers of each child.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is it true if at any point your landlord refuses a w-9 that you should immediately stop paying rent?

We had to get help with one months rent from an organization and the landlord was okay with that until I told her about the w-9 and at that point told me that her accountant told her not to fill it out because she would have to pay taxes on it and I was confused because I thought that landlords had... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 26, 2024

No, why would you try to give an IRS Form W-9 to you landlord? In any event, refusal to accept delivery of that form doesn't excuse your obligation to pay rent.

2 Answers | Asked in Products Liability and Personal Injury for Florida on
Q: Can I get confiscated for a food product that I got nausea and blurry vision for a short period of time?

Recently purchased a snack cake from a retail store near my home. When I got home and opened it it seemed too odd smell to it. This was my first time trying it so I wasn't sure if that was the original scent. Tried a piece anyway and immediately spit it back out. Went through a process of... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 26, 2024

You might try to get "compensated" for your discomfort. Report it to the store and see what they say.

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2 Answers | Asked in Car Accidents for Florida on
Q: Can I sue a hit & run driver that did not result in injuries?

The incident happened in a Publix parking lot. I have 2 witnesses, a FL State Trooper's Crash Report, & my DashCam video.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 22, 2024

One does not sue someone in civil court if there are no money damages. So, assuming there were no property damages either (your car, for example), it would make no sense to sue. Let the state prosecute criminally.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: What is a "squatter" in the new florida bill HB 621?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 22, 2024

The term "squatter" is not used in the bill. See:

https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0621er.docx&DocumentType=Bill&BillNumber=0621&Session=2024

1 Answer | Asked in Divorce for Florida on
Q: Judge reinstated my maiden name at our divorce in FL. How do we sell our home if my married name is on the deed & title?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 21, 2024

You give the title company a copy of the divorce decree by which your maiden-name was restored.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Am I required to meet my live in boyfriends ex girlfriend with whom they share a child?

My boyfriend has residential custody of his son for the past 10yrs. Ex gf is now suing for custody & noted that my boyfriend refuses to let her meet me, this is false. Am I required by law to meet her? We live together but I have no desire to meet her as she has showed up uninvited and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 11, 2024

No, you are not required to meet her. But your refusal to do so might adversely affect your boyfriend's custody case.

1 Answer | Asked in Divorce, Family Law, Domestic Violence and Elder Law for Florida on
Q: Bf of 9 years was sole financial supporter. Mnths ago he abruptly ceased paying bills, expenses. We live off MY SSDI.

He recd $4 mill sttlmnt 4 years ago, left me for other lady and came back weeks later. Now he sees her again but won't move out. Runs up our bills and refuses to give a penny. Very volatile situation which local cops know about.

.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 10, 2024

Are the bills "our bills" or his bills and your bills? You are not responsible for his bills.

If you want him out, and the residence belongs to you, simply evict him.

1 Answer | Asked in Contracts for Florida on
Q: what is the next step if am not able to be at the pre trail

I am 76 with cataracts and my husband is 88 with stage 5 prostrate cancer. I am being sued by Barkley Bank and Credit One

the Credit One is the same date as a appointment for pre cataract removal. I had to wait 3 months just to get this appointment. and I am to the point where I have to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 10, 2024

Send the judge a letter; with a copy to the plaintiff's attorney, explaining the problem and asking that the pretrial conference be rescheduled.

2 Answers | Asked in Criminal Law and Employment Law for Florida on
Q: Is a third party constented search of my backpack within someone else's car at work by an employer legal in florida?
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 22, 2024

And, if incriminating evidence was found, it may still be admissible in court, if the government had nothing to do with conducting the search.

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1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: I inherited a house, can a credit card company I owe sue me for it
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 21, 2024

If your credit card account is delinquent, the credit card issuer can sue you on the account. If and when it gets a judgment, it can record the judgment, and thus have a lien on your house. And it could, in theory, foreclose the lien.

2 Answers | Asked in Real Estate Law for Florida on
Q: My husband and I have a "agreement to sell real estate", where we are the buyer. The seller wants us to leave

The seller left vehicles in the yard without tags or title. Code enforcement wanted them gone, we complied with code enforcement, now the seller is threatening us and trying to break the contract without the return of the down payment we made or the mortgage payments we made to them. What can we do?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 20, 2024

Or, if you actually have a contract to buy, and not title secured by a mortgage, you may have to sue for specific performance of the contract.

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1 Answer | Asked in Civil Litigation and Consumer Law for Florida on
Q: A debt buyer submitted a summary judgment without including statements or any other proof from the original creditor

to prove the amount of debt owed. Can a final judgment be void using due process of law evidence as the cause since an amount was awarded without legal proof supporting it? The only evidence was the amount written in an affidavit by an employee of the debt buyer and the amount on the debt... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 17, 2024

Assuming that you are the debtor/defendant, it would depend on whether or not you objected. And it would depend on exactly what was in the affidavit.

5 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: HEEEEELP!!! I am an anxious wreck. Being sued for a minor car accident driver claims bodily injury

I am an anxious wreck. I got into a minor accident. Police report stated that it was less than $5000 and that there were no injuries. Now the other driver is suing me for $80,000 my coverage is $100,000. I am so scared that this will ruin my life. My insurance company All state is paying for... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 9, 2024

Why are you so anxious? Your insurance company is defending the lawsuit, and your insurance policy will cover all of the claimed damages, if awarded.

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3 Answers | Asked in Family Law and Tax Law for Florida on
Q: My ex wife filed our kids on her taxes. There is a court order stating we each file a child. What can I do?
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 1, 2024

Whether or not she filed her tax return incorrectly is of no concern to you. If the court order allows each of you to claim one of the two (presumably) children, you file your return according to that court order.

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1 Answer | Asked in Employment Law for Florida on
Q: Will you please tell me if a document notarization expires in Florida if it was valid at the time of signature?

Will you please tell me if a document notarization expires in Florida if it was valid at the time of signature? It is my understanding that as long as the date on the seal was valid at the time of signature the notarization is good indefinitely. Is that correct? If so, will you please tell me... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 25, 2024

Florida Statute 117.01 through 107.08 generally concern notaries public. No statute suggests that a notarial certificate is not "good indefinitely"; that would be absurd because no deed, will, etc. would be good for more than a few years.

1 Answer | Asked in Criminal Law for Florida on
Q: Does a defendant still have the right to exercise their fifth amendment right to face their accusers in a retrial?

Even if they have old transcripts?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 25, 2024

Not if a witness is unavailable and the defendant had the opportunity to cross-examine the witness in the first trial.

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