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Questions Answered by Alex McClure
1 Answer | Asked in Civil Litigation for Florida on
Q: What is the policy for the State of Florida in use of Email as official documents in litigation ?
Alex McClure
Alex McClure answered on Jul 1, 2018

Filing and serving of pleadings electronically is for FL licensed attorneys only.

Non attorneys may receive documents by email if they choose.

You can reference Fla. R. Jud. Admin. 2.525, 2.516

1 Answer | Asked in Civil Rights for Florida on
Q: My neighbors are throwing trash on my property and breaking my fence I have already reported to the police but nothing

has been done What should I do?

Alex McClure
Alex McClure answered on Jul 1, 2018

You should contact an attorney to sue for economic damages and perhaps an injunction. Google can help you locate an attorney in your area.

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: I subleased without going through the landlords subleasing requirements; which the contract specified was unauthorized.

I signed a contract with the sub-leasor. However, I still make payments to the landlord and our contract, I'd argue, is still intact. While I violated a portion of the contract, I did not, in my opinion, 1) materially breach, nor 2) is the landlord damaged because rent is still being paid... Read more »

Alex McClure
Alex McClure answered on Jul 1, 2018

You may be evicted. This is up to the landlord.

If I was the attorney for the landlord I would respectfully disagree that such a breach was material, but without seeing your lease its impossible to estimate.

The landlord may certainly evict the sub.

Most contract breaches...
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1 Answer | Asked in Health Care Law for Florida on
Q: Two policies with same insurance company. One under my mother and the other under my step mother. Any issues with this?

I currently have two policies with same health insurance company. I am under my mother as a dependent for an Aetna health insurance policy and also under my stepmother as a dependent for a separate Aetna health insurance policy. Any issues with this? I was told by an insurance rep that they see... Read more »

Alex McClure
Alex McClure answered on Jul 1, 2018

Its unclear what you are asking.

"one under my mother" and "one under my step mother" isnt an industry term. What do you mean by a policy under someone? What type of insurance, for what?

What specifically do you think the potential problem is?

It would...
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1 Answer | Asked in Lemon Law for Florida on
Q: Is there a certain amount of time a car needs to be at the shop being repaired to be considered a lemon?
Alex McClure
Alex McClure answered on Jul 1, 2018

There is more to the formula than just the time in the shop.

Consult a consumer attorney for further guidance on your specific case.

1 Answer | Asked in Lemon Law for Florida on
Q: Hello! In 2015 I financed a car and within the past month, I'd had tons of trouble with the car.

It is a 2015 Toyota Corolla and have taken it to the Toyota dealership about 3 times already and they told me it was a manufacturer problem and they won't do anything about it. A friend told me about the 'lemon law' and I wanted to know if it applies to my situation.

Alex McClure
Alex McClure answered on Jul 1, 2018

lemon law applies to new vehicles only purchased off the dealer lot.

If you bought the car in 2015 and the trouble just started, its unlikely that you can proceed under lemon law. Its also unclear what the problem is and why they wont fix it.

You might want to speak with a...
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1 Answer | Asked in Banking for Florida on
Q: If I think a bank has done something illegal, who do I file a complaint with?
Alex McClure
Alex McClure answered on Jun 30, 2018

Contact the Florida Office of Financial Regulation.

From my own experiences, its a pleasant department to work with.

Hope this helps.

1 Answer | Asked in Real Estate Law and Banking for Florida on
Q: My case is failing bc the employment verification from P.E.O says my hiring date with them is too recent. What can I do?

3 years ago I started working for a small company. Eventually, more people joined and my boss hired a company to do the Human Resources (hired a professional employer organization ). The problem is that I've been trying to buy a house but I became a leased employee LAST YEAR (2 years after I... Read more »

Alex McClure
Alex McClure answered on Jun 30, 2018

You are the one wanting the loan, so its up to you to prove to the satisfaction of the lender your employment situation.

That being said, you should be able to produce your tax records, employment records, letters from the employer, etc. to show your income and steady employment history....
Read more »

1 Answer | Asked in Construction Law and Land Use & Zoning for Florida on
Q: Waste company returned unwanted dumpster to my property. Over a month later (and dozens of calls), it's still here.
Alex McClure
Alex McClure answered on Jun 29, 2018

You would need to include more details.

Unwanted?

Returned?

Seems that there are some facts missing here.

1 Answer | Asked in Construction Law for Florida on
Q: Can I hold the last payment on my pool due to cosmetic errors that needs to be repaired?

I had a pool build and my last payments was to be $4300.00 however I paid $3000.00 in advance in order to get the lanai done, now i only have $1300.00 left to pay, I have informed the owner of the company that the finish of the pool has a defect that need to be checked before I make the last... Read more »

Alex McClure
Alex McClure answered on Jun 29, 2018

If you do, you risk having a lien placed.

You should consult with an experienced construction law attorney before taking any action so that you dont find yourself in the wrong.

You can use google to locate attorneys near you. Hope this helps.

1 Answer | Asked in Communications Law for Florida on
Q: Can a member of the community management company that oversees my community block my emails?
Alex McClure
Alex McClure answered on Jun 29, 2018

How would this person possibly do this?

If you are an employee and they are an employer, that would be different.

1 Answer | Asked in Contracts for Florida on
Q: CenturyLink has told me the only way I can obtain a copy of my verbal contract with them is through a court order

I have wanted to cancel my service due to Chronic breakdowns in the service and they say I have a contract with them and cannot.

Alex McClure
Alex McClure answered on Jun 29, 2018

This question doesn't seem right.

A verbal contract cant be produced. Its verbal. It needs to be proved through testimony, etc. There is nothing for them to give to you.

If you have a WRITTEN agreement with them, they should not have a problem problem providing a copy of it...
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2 Answers | Asked in Contracts for Florida on
Q: How much time do you have to back out of a contract you've signed?
Alex McClure
Alex McClure answered on Jun 29, 2018

There is no "general" cooling off period for contracts in FL, unless its a specific type that provides for one, or if the contract itself provides for one.

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2 Answers | Asked in Bankruptcy for Florida on
Q: I am unemployed with credit card debt. I own my home and car. I have no money to afford bankruptcy filing.

I have attempted to find a well paying job as I had before so I can be responsible. However I have experience but no degree. So I am offered 8 to 10 per hour jobs. I have been attempting to find 2 jobs. However companies all want you to work the "peak hours." I would not be able to... Read more »

Alex McClure
Alex McClure answered on Jun 25, 2018

You should at least consult with an attorney to get an accurate understanding of your situation. That way you actually know where you are and what a bankruptcy costs, and if you are even eligible.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Married filing alone FL Chapter 7 Tenant by Entirety for Personal property.No real estate. What is the exemption?

I have read everything I can find regarding Tenant by Entirety. The closest exemption I found is listed under the Homestead Exemption which is listed as 222.01. But this appears to apply primarily to Real property. I am looking for the exemption for personal property that is claimed exempt as... Read more »

Alex McClure
Alex McClure answered on Jun 25, 2018

TBE is a common law exemption in FL, and is not codified by statute. It is entirely different, separate and apart from 222.01 and Florida's homestead.

You may want to hire an attorney to help you, and the money is well worth professional guidance.

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2 Answers | Asked in Civil Litigation, Collections and Small Claims for Florida on
Q: What sum cost are included on page 2 of Motion For Continuing Garnishment?

Motion For Continuing Garnishment form in the state of Florida. On page 2 of that form, it states, " Plaintiff further moves the court to award the Plaintiff the costs incurred in this Garnishment action in the sum of $___." What cost do I add and/or place in the blank__?

Alex McClure
Alex McClure answered on Jun 29, 2018

I am of the opinion that the costs of the garnishment action itself are not recoverable costs because they are not provided for by statute.

Paz v. Hernandez 654 So.2d 1243 (1995)

Many disagree with me, but I have yet to be overruled on such an objection. And if its a consumer debt,...
Read more »

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1 Answer | Asked in Small Claims for Florida on
Q: How do I collect on a judgment ordered by a judge for the defendant to pay?

I filed a small claims suit against a person renting a room in my home that did not pay me. On November 30, 2017, we went to mediation and defendant agreed to start paying $150 a month to start on January 15, 2018. The defendant defaulted on the agreement and I filed an affidavit on January 16,... Read more »

Alex McClure
Alex McClure answered on Jun 13, 2018

To be clear, a judgment is not an order to pay. Its an order establishing someone owes another money.

Judges, clerks, and judicial assistants cannot give legal advice. This is why the refer you to attorneys. Garnishment is a technical and tedious process with many, many pitfalls. It also...
Read more »

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: As a homeowner, where can I find a suitable contract to protect my interests when undergoing a significant home remodel?

How much would it cost to have a lawyer review or create one?

Alex McClure
Alex McClure answered on Jun 12, 2018

This is something you would want to discuss with a construction law attorney. Its something that would probably be billed hourly, at a typical attorney rate. This way you can get exactly what you need that is SPECIFIC to you and your situation. You will certainly sleep better at night planning... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord request to see my bank account balance monthly

They want me to put 80% of my check to savings and make sure I do this every check and perform random checks on my account to make sure I do so, is this allowed? 

Update: I'm renting a spare room in a house, I live in the spare bedroom separated from the rest of the house,... Read more »

Alex McClure
Alex McClure answered on Jun 8, 2018

It depends on what your agreement is. If you sign to those terms, then those are your terms. If you do not, then they are not.

There is no required provision for what you describe in FL, but again its up to your agreement that you sign.

1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: Do I have any recourse when the seller did not maintain the property, specifically the pool, during the contract period?

Seller did nothing to maintain the pool or the grounds, the Florida contract states seller is to maintain the property until closing. The pool is a mess, the grass is knee high....my agent wanted to take care of it, but listing agent wouldn't allow it.

Thank you.

Alex McClure
Alex McClure answered on Jun 8, 2018

Maybe, but you will have to consider the cost to simply deal with these issues on your own versus the cost of fighting over it for what could be weeks or months.

If its ongoing and will be for some time, by all means take the issue up with the seller/sellers agent and your agent to come to...
Read more »

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