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Questions Answered by Matthew J Ausley
1 Answer | Asked in Consumer Law for Florida on
Q: What are your tips for buying a used car in Florida?
Matthew J Ausley
Matthew J Ausley answered on Jan 22, 2018

When buying a used car, one of the best things you can do is take the car to an independent mechanic and have them conduct a thorough inspection of the vehicle, BEFORE YOU PURCHASE. Used cars are almost always sold in an “as is” condition. That means you get the car in whatever condition it is... Read more »

3 Answers | Asked in Small Claims, Contracts and Collections for Florida on
Q: We loaned $5500 to a bus assoc on 10/20/14 w/principal to be paid in full 4/20/15. They defaulted, what is our recourse

Our LLC loaned the money to their LLC. They signed a Promissory Note. They agreed to $5,500 with interest from 4/20/15 on the unpaid principal at the rate of 12% per annum. They are a construction contractor so In lui of interest on the first six months they agreed to provide labor to complete... Read more »

Matthew J Ausley
Matthew J Ausley answered on Oct 27, 2017

The first part is relatively straight forward and simple. You need to hire an attorney to file suit for breach of contract and obtain a money judgment against the company and the individuals if you had personal guarantees. Hopefully, your Note contained an attorney’s fee provision, so you can get... Read more »

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1 Answer | Asked in Products Liability and Lemon Law for Florida on
Q: I purchased a used car a month and a half ago. The check engine lite is on and it leaks oil. Can I return it?

It is the same problem since I first got it home. I have returned to the dealer 9time as of yesterday. I have asked him to change the car or return my money,but he refuses. How should I deal with him , and how do I deal with the lender. I contacted them about the problem but they have no interest... Read more »

Matthew J Ausley
Matthew J Ausley answered on Oct 19, 2017

The state of Florida has a “Lemon Law” which may apply in your situation. Essentially, you will deal directly with the car’s manufacture to have your car fixed or get your money back. You can find out more information on the process by going to the website of the Florida Office of the... Read more »

3 Answers | Asked in Consumer Law and Collections for Florida on
Q: What is the proper way to attempt to settle a judgement with a debt collector?
Matthew J Ausley
Matthew J Ausley answered on Oct 18, 2017

There is no one right way to settle a debt. Each situation is going to be unique based on the facts and circumstances. However, there are some general guidelines that may be helpful. Because you used the word “debt” I am going to assume we are in a pre-judgment situation. This means that the... Read more »

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2 Answers | Asked in Divorce for Florida on
Q: How can I divorce someone who blocked me on everything, lives out of state, and refuses to sign anything
Matthew J Ausley
Matthew J Ausley answered on Oct 3, 2017

If you file for divorce, and you have your spouse properly served, you will get divorced if your spouse does not respond. Your spouse will have 20 days after service to respond to the Petition for Dissolution of Marriage. If the spouse fails to respond, and you ask the clerk to default him/her, you... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: How do I qualify for a pro bono divorce (very simple, no kids, property, no assets. .... nothing.....) I am on ssd. Ty
Matthew J Ausley
Matthew J Ausley answered on Sep 25, 2017

The Latin phrase “pro bono publico” means “for the public good.” In common usage, it describes a situation wherein an attorney takes a case, free of charge, because they believe doing so would benefit the public in some way. Many attorneys take pro bono cases because they have a special... Read more »

1 Answer | Asked in Divorce for Florida on
Q: How can i divorce my husband who is homeless
Matthew J Ausley
Matthew J Ausley answered on Sep 22, 2017

In order to sue someone, including for divorce, the person bringing the lawsuit has to notify the person being sued. This notification is called “service of process.” There is more than one way to accomplish it. However, when you suspect that the other party is homeless, and there is no way to... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: If divorce is necessary, which spouse will be paying for filing fee. Is the one that file first or both

We got married in Dec 2015 and got a 16 month old together. We've been in a really bad place lately and I'm really tired of the verbal abuse and want out. He's been threatening divorce for almost a year but never file. I'm wondering if he's doing everything because he... Read more »

Matthew J Ausley
Matthew J Ausley answered on Sep 19, 2017

To answer your question: the person who files a Petition pays the filing fee. Attorneys usually recommend that the person who didn’t initially file the Petition (called the Respondent) file a Counter-Petition, which also requires a filing fee.

That being said, if you are going to get...
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