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Questions Answered by Antoine Dumas Jr.

1 Answer | Asked in Small Claims for Florida on

Q: What steps can I take to retrieve money that I loaned to a person who will not pay me back?

I was in a group counseling program as part of my probation requirement last year, and my counselor asked if he could take out a loan as I had just received my settlement from a car accident, disability and back pay. He only knew this info because of the group counseling sessions. I loaned him a... Read more »

Antoine Dumas Jr. answered on Mar 13, 2017

First of all, if this was a licensed counselor you went to it is illegal for him to ask you for a loan. Secondly, if he owes you money and you can prove that by contract you should definitely take him to court.

Since the amount is for less than $5,000 I would suggest either filing a claim...
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1 Answer | Asked in Business Law, Entertainment / Sports, Intellectual Property and Trademark on

Q: Is there a law firm or non-profit that specializes working with media owners (ex. NBC, Discovery, etc.) to archive TV?

I'm looking to recover a show from 2000's that was on an odd channel (G4TV) and will most likely never get released on its own.

Antoine Dumas Jr. answered on Mar 13, 2017

If you're asking whether there are law firms who help individuals purchase the rights to media content in order to license, distribute, re-air, etc., the answer is a yes. My firm can do just that as well as many others.

1 Answer | Asked in Business Formation for Florida on

Q: nonprofit club put in there bylaws preventing members of the club from doing personal business at club sponsored events

Antoine Dumas Jr. answered on Mar 13, 2017

Hi,

If you're asking whether this is legal, the short answer appears to be yes. Without seeing the bylaws it would be hard to give you a definite answer, but typically the bylaws and the Articles of Incorporation govern the affairs of Non-Profits unless prohibited by law.

The...
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2 Answers | Asked in Traffic Tickets for Florida on

Q: Time Limit For Contesting Tickets/Fines?

I was in a bad car accident 2 years ago and got a ticket, though I wasn't at fault, for driving without a license. I did have my license with me, but I was seriously hurt and told not to move, and it was in the back seat. I told the trooper this, and later found the license in my vehicle at the... Read more »

Antoine Dumas Jr. answered on Mar 13, 2017

Hi,

First of all, I should say I'm sorry you had to go through all that you've been through and I am happy to hear that you are doing better now.

As far as the ticket is concerned, that's one that could be thrown out quite effortlessly unless it has already been adjudicated....
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2 Answers | Asked in Landlord - Tenant for Florida on

Q: Tenant-at-will. Can i be evicted because the owner has sold the house?

Living with boyfriend and his grandparents. He was raised by his grandarents since birth. His aunt now has power of attorney over his grandfather, and guardianship over his grandmother which she just recently obtained. She's now using this power to try and evict us because she is upset and blames... Read more »

Antoine Dumas Jr. answered on Mar 13, 2017

Unfortunately, yes. If your boyfriend's aunt indeed has authority to sell the home (which isn't completely clear from your question) then the answer is yes.

Anytime you live in a house you don't own you can be evicted, especially if there isn't a rental agreement in place as it appears is...
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1 Answer | Asked in Business Law and Landlord - Tenant for Florida on

Q: Am being charge for water and sewer in the restaurant that we have in the food court. We been there 3 years.

They told us 2 months ago because they were misinform. And they charging us "half" not the whole thing. He said i can't dispute other contract i understand but i ask the other 3 that are in the food court and they are not being charged. When we sign the contract they told us the water was included... Read more »

Antoine Dumas Jr. answered on Mar 8, 2017

It doesn't sound like they should be able to do that. I'd have to take a look at your contract to be sure. Feel free to contact my firm so we can discuss.

2 Answers | Asked in Contracts and Business Law for Florida on

Q: Can someone please review an agreement for my small business?

I am a small business owner. Travel agency would like to use my brand, personality to host tours to Cuba. We need help with review the agreement between the two parties.

Antoine Dumas Jr. answered on Mar 8, 2017

Congratulations on what seems like an amazing opportunity! If you're still looking for an attorney who can help you review the contract and/or assist with the negotiation, feel free to give me a call.

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1 Answer | Asked in Landlord - Tenant for Florida on

Q: Landlord's intent to lay claim to our damage deposit.

We turned the house (&keys) over to the landlord on 1/22/2017. On 2/22/2017, the landlord sent an intent to lay claim to our damage deposit (it was dated 2/16/2017). My calculations have the letter sent 31 days after they took back possession. FSS says they have within 30 days to notify us of... Read more »

Antoine Dumas Jr. answered on Mar 7, 2017

To answer your question, it depends. On a Month to Month contract, FL law requires you provide the LL with 15 days notice that you're moving out. Assuming you did NOT comply with that requirement, if the LL actually sent the letter, via certified mail, on 2/16 then his notice should be considered... Read more »

1 Answer | Asked in Traffic Tickets for Florida on

Q: After a rear end collision caused by backed up traffic on the crest of a hill I was issued a citation for careless

Driving. The sheriff spelled my last name incorrectly as in completely wrong when I pointed out to him he said to call and the county clerk would call him to verify and then it would be removed. This occurred in St Johns county Florida. What is my recourse.

Antoine Dumas Jr. answered on Feb 28, 2017

You would need to provide a little more information. Were you ticketed for rear-ending someone or for something else? Are you trying to determine if the ticket can be thrown out because of the misspelling of your last name? I'd suggest reaching out to an attorney.

2 Answers | Asked in Business Formation and Business Law for Florida on

Q: My incarcerated friend wants for me to start an online store for him. What legal procedures would I have to follow?

Antoine Dumas Jr. answered on Feb 26, 2017

First step: you'll need an EIN. When obtaining an EIN, the legal procedures you would have to follow aren't that much different from if you were setting up an ecommerce site for yourself except that you would identify yourself as an "authorized third party designee". The process of doing that is... Read more »

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2 Answers | Asked in Business Law and Small Claims for Florida on

Q: How do I get a Notice of Action form for a small claims case?

I'm in Florida, defendant in N Calif. Sheriff there can"t serve. What do I do next?

Antoine Dumas Jr. answered on Feb 26, 2017

If all you need is to figure out a way to provide notice to the Defendant, I'd suggest searching on google for "Process Servers in [Enter City], CA". Any one of those companies should be able to do the job. However, the question of selecting the right state in which to initiate the action is a... Read more »

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