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Questions Answered by Alex McClure

2 Answers | Asked in Bankruptcy for Florida on

Q: I plan on filing for a bk w/in the next 6 mo. If my dad gifted me a car he bought for 1600 how does that affect the bk?

Alex McClure answered on Aug 9, 2018

The vehicle is now an asset of yours. The value is fair market value not what you think its worth or what you paid or what he paid.

Under Fla. Stat. 222.25(1) you may exempt $1000 in value of a motor vehicle. You may also use any other exemptions (known as stacking) allowed to you by law....
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2 Answers | Asked in Foreclosure for Florida on

Q: I have foreclosure case that i want to take to trial i got a ore tenus non jury granted but i do want a jury

What motion or how can i respond that i do need a jury

Alex McClure answered on Jul 27, 2018

I second that. No right to a jury trial in mortgage foreclosure cases in virtually all instances. You would need to speak to a mortgage foreclosure defense attorney for specifics, but its almost always the case.

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1 Answer | Asked in Landlord - Tenant for Florida on

Q: What are my rights staying at an extended stay who only rents weekly or monthly and won't fix anything I ask?

Roaches are so bad that I have duct taped my entire efficiency and I had to pack all my pics, ect. They are ruining everything I own.

Alex McClure answered on Jul 20, 2018

Why dont you simply move to another unit or another extended stay facility if you dont have a contract?

1 Answer | Asked in Animal / Dog Law for Florida on

Q: I became a dog foster and was attacked by him. He bit me 3 times. Are they liable for all expenses and damages to me?

65lb 3 year old dog. I was monitoring a hot spot on his leg. I started taking pictures of it and one night I tried to take a picture while giving him treats and he bit down on my arm with no warning. I believe they gave me a vicious dog without proper behavior testing.

Alex McClure answered on Jul 20, 2018

This will depend on a number of factors, including who you were fostering dogs for. Most importantly you need to review what agreement you had to foster as it almost certainly had a liability waiver built in somewhere.

1 Answer | Asked in Small Claims for Florida on

Q: In florida small claims court, can the plaintiff call the defendant's supeoned witnesses first?

Plaintiff has listed as witness a witness defendant has supeoned.

Alex McClure answered on Jul 20, 2018

Sure. I dont see why thin would be an issue. Its up to the judge, ultimately but Ive personally done it as a practicing litigation attorney.

2 Answers | Asked in Real Estate Law for Florida on

Q: I am entering into an owner finance agreement for land. When is it prudent to do a deed search.

Alex McClure answered on Jul 19, 2018

As the buyer, before making any commitment whatsoever.

Even then, making any commitments contingent upon marketable title.

You should hire an attorney. You could really damage yourself by trying to save money by NOT having an attorney assist you in this.

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1 Answer | Asked in Civil Litigation for Florida on

Q: How long do I have to return company weapon after leaving the company

Alex McClure answered on Jul 17, 2018

Look to your employment or equipment agreement. It should have the timeline in there. If not, you should return any property that is not yours as soon as possible to avoid potential problems.

1 Answer | Asked in Small Claims for Florida on

Q: I believe the opposing party in a small claims court plans to use a document that may be fraudulant. What can I do?

Am I allowed to research the document before the trial?

Alex McClure answered on Jul 15, 2018

In small claims there isnt necessarily a discovery deadline to produce. You will though have the opportunity to cross examine the party attempting to authenticate and introduce the document.

1 Answer | Asked in Traffic Tickets for Florida on

Q: Can I fight a ticket for following too closely to a state trooper? No prior tickets or accidents.

I was traveling to work. There was a state trooper in the right lane. Traffic was traveling below the speed limit because of him. I was in the left lane also going under the speed limit. There was one car in front of me. Because the trooper was right beside me I never got over into the right lane... Read more »

Alex McClure answered on Jul 10, 2018

You have the right to contest the ticket. Follow the directions on the citation for doing so. You may wish to reach out to a "ticket clinic" (a law firm that does traffic ticket defense) for help. Many people believe its worth the cost, but that's up to you.

1 Answer | Asked in Animal / Dog Law for Florida on

Q: my ex is trying to get the dog he gave to me, back after ive taken care of the dog for over 4 months.

my ex and i bought this dog together i put cash down and he set up financing for the rest. i have paid for vet visits, medicine, food, toys, bones, treats, shampoos, vitamins, supplements, etc. basically i have been treating the dog like my son for over 4 months now without the help of my ex. my ex... Read more »

Alex McClure answered on Jul 10, 2018

Pets are personal property in FL. You would want to show the court what you can about your care and support of the animal (financially) and then its up to the judge to decide who the owner is. Obviously, there can be only one prevailing party in the claim because there is only 1 animal.

1 Answer | Asked in Civil Litigation for Florida on

Q: granted exemption and writ dissolved but now I got another letter from plaintiff advising me to move to dissolve writ?

Alex McClure answered on Jul 10, 2018

Sounds like the proposed order (or the order entered) did not contain a sentence/provision dissolving the writ. If the writ is already dissolved, this is unlikely.

OR

That you are receiving one of the statutory notices required under CH 77, and its just getting to you late or the...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Florida on

Q: What do I do? What could the possible outcomes be? What is the best way to help myself get through this?

I moved to a different city and hadn’t change my address yet. I had received 15 toll violations without my knowledge until it was too late. This happened 6 years ago and I thought after 5 years my license would be active again. Well I just got pulled over because one of my back lights stopped... Read more »

Alex McClure answered on Jul 9, 2018

The only realistic, meaningful way to handle the situation is to contact an attorney in your area who handles cases of toll violations and suspensions. Your case isn't that odd to be unheard of. An experienced attorney will get you your best results, the fastest way possible.

Google can...
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1 Answer | Asked in Real Estate Law for Florida on

Q: If a neighbor has been on my mom's property for years is there anything that I can do about it?

can I do any thing about them being on the property when I take ownership of the property?

Alex McClure answered on Jul 7, 2018

What do you mean on the property? Are they tenants in the home? Or are you referring to a boundary dispute of some sort? You may want to re post with some more specifics to get guidance.

1 Answer | Asked in Small Claims and Gov & Administrative Law for Florida on

Q: Buyer has signed title to vehicle I have signed title as the owner the truck broke down as the buyer was bringing it

Home They don't want the vehicle but the title was filled out at a tag office and finalized things today what are my options plus I told him if you tow the truck back to me and pay the tow fee I will give you your money back but I'm sure their insurance is towing what do I do with the title how... Read more »

Alex McClure answered on Jul 7, 2018

Well for now you are still the titled owner of record. You probably dont just want to let the vehicle sit or it will be towed and cost much more than you will pay to have it towed now, REGARDLESS of who agreed to what.

Your decision here should be more guided by whats convenient for you...
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1 Answer | Asked in Animal / Dog Law for Florida on

Q: I was given a 5 month old puppy the previous owner now tells me he is coming back to get her. Do I have to give her back

Alex McClure answered on Jul 6, 2018

Animals are considered personal property in FL. If you were given the dog as a gift, then generally no it cannot be simply taken back.

If the disagreement is important enough, a lawsuit may be appropriate to resolve the dispute.

1 Answer | Asked in Consumer Law for Florida on

Q: If an Attorney falsifies obtaining a civil judgment against a person and enforces it what is the recourse?

Money owed on a loan but never served with notice of court action or right to defend.

Alex McClure answered on Jul 6, 2018

If a judgment is obtained against you without notice to you, there may be a valid challenge to the judgment you could make.

These arguments and cases are technical and its best to hire an attorney to assist to see that the case is presented properly.

1 Answer | Asked in Construction Law for Florida on

Q: Can I refuse to sign CO for re-roof if I am not satisfied with work done per contract?

I contracted with home improvement store for a re-roof who subbed it out to a licensed/bonded contractor per contract, that part we are okay with-ish. That contractor then subbed it out, and to an out of state contractor. Long and short of it the re-roofing process was not performed per our... Read more »

Alex McClure answered on Jul 5, 2018

You can always refuse to sign.

That being said there are potential consequences to not allowing the payment to be made, even if you disagree with the quality and finality of the workmanship.

You might want to discuss the issue with the contractor and subs, and with your insurance...
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1 Answer | Asked in Real Estate Law for Florida on

Q: My tree has branches that over hang in my neighbors yard a branch broke off and damaged her roof am i liable

She also has 2 large tress right up against her house where the branch could have vome from

Alex McClure answered on Jul 4, 2018

Perhaps. There is more to it than just the damage and the ownership of the tree. A party seeking to recover would need to be able to demonstrate the branch came from a tree on your property.

You might want to talk to your neighbor and determine if they are looking to you for payment of...
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2 Answers | Asked in Collections for Florida on

Q: So I woke up this morning to my bank account being 5000.00 negative. This if from 2006 my codefendant is deceased

I haven't recieved any paperwork or been served . I've lived in the same house for 11 years now. They haven't even tried to contact me. How can they get access to bank account when they haven't even told me.

Alex McClure answered on Jul 3, 2018

It sounds like a garnishment was served on your bank. This would indicate a judgment was entered against you. Judgments in FL are good for 20 years. You should reach out to an attorney familiar with wage and bank garnishment immediately to preserve any rights you have.

In FL, garnishment...
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2 Answers | Asked in Collections for Florida on

Q: Hi a debt collection called me I don't pay them they threaten me to take my social security check and take me to

Alex McClure answered on Jul 2, 2018

They cant take your social security. See a consumer protection attorney if you wish. Document all calls from the collector (date, time, name, what was discussed) and save all letters and other correspondence.

Hope this helps.

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