Questions Answered by Andy Wayne Williamson

Q: I am a student on an F1 Visa and have an online school business incorporated offshore.

1 Answer | Asked in Business Law, Education Law and Immigration Law for Florida on
Answered on Jan 20, 2018

Not enough facts to say for sure. I strongly suggest that you consult with an international tax attorney or an accountant as a start to discuss the details of the business and get into the specifics of how the business operates. That should lead you closer to an answer.

Good luck,
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Q: My father passed away in Clay county Florida a couple of years ago. There was no known will and very little assets.

1 Answer | Asked in Probate for Florida on
Answered on Jan 19, 2018

Florida does have a procedure known as administration without probate. I am not sure if there is forms available online or not. As a probate attorney it is my opinion that this procedure is almost as complicated as a summary administration. However, if you can find the correct forms and simply fill in the correct data on the forms you could handle this yourself.

Hope this helps and good luck,
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Q: In selling a home, of the buyer renegs , who is entitled to keep the deposit?

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Answered on Jan 19, 2018

It likely depends upon the contract and the facts and reasons why the buyer reneged. Consult with a lawyer in your area to have your written contract reviewed.
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Q: Unlawful car repossession in my credit report.

1 Answer | Asked in Consumer Law, Contracts and Banking for Florida on
Answered on Jan 19, 2018

Short answer is maybe. You need to try to convince the creditor to change or remove the entry or correct it and or the credit reporting entity.

Just FYI. Credit reporting is a history record of good and bad credit events. If the repossession was due to occur but the creditor failed to follow Florida law the history would still show bad credit event but likely should show just the bad event or lack of payment and not a repossession. However you may have a long uphill battle to get the...
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Q: Several Unpaid ER bills 5+ years old reporting to credit bureaus. Violation statute of limitations Florida?

1 Answer | Asked in Consumer Law and Contracts for Florida on
Answered on Jan 19, 2018

Credit reporting is a history of activity consisting of both good or bad events. The event of the unpaid debt can be reported provided that the history or record is correct. Whether the debt is collected or ever collectible is not relevant. It is simply a history.
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Q: How do I get medical collections bill off credit report?

3 Answers | Asked in Collections and Consumer Law for Florida on
Answered on Jan 18, 2018

From you post, you state you owed $3,200.00 agreed to make payments and made only two payments and then apparently failed to pay and went to collections. Unless there is more details, your credit report correctly reflects that you owe the debt. If you are wanting the credit report to show that you owe $400.00 less than the original $3,200.00 honestly such a change will not help your credit. Also, a credit report is a history of your credit. Both good and bad events go on their. so to my...
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Q: How do I obtain money from a relative who refuses to give it to me?

2 Answers | Asked in Civil Litigation and Probate for Florida on
Answered on Jan 18, 2018

More information would be needed in order to answer this question. It sounds like there is some type of trust or will involved. If the people are willing to give you the money if you do what they want for you to do.

First suggestion is complete the task and get the funds.

Or, you need to consult with an attorney in your area to give all the details surrounding the asset and your grandmother's wishes ect. Then the attorney can give you an opinion on the best course of action...
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Q: We own a vacation rental home in Cape Coral, FL. I had a company resurface my pool deck.

1 Answer | Asked in Contracts, Construction Law and Consumer Law for Florida on
Answered on Jan 18, 2018

You do not have the right to just deduct the amount from their final payment. However, you would have the right to sue them for breach of contract and damages. I suggest that you consult with an attorney in your area. However, I suggest that the sum of $948.00 is probably not worth hiring an attorney to handle a most attorneys bill hourly at $250.00 per hour or higher in that area.

You could of course bring the action yourself as a small claims case.

Good luck,
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Q: i want to do major repairs to my rental property in order to sell it.can i evict my current renter if they do not move

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Jan 18, 2018

First. If you have a written lease you must honor the terms of the lease until it expires or until the tenant breaches the lease agreement.

If the tenants are in a monrhn to month lease you can give notice of termination with 15 days notice. If the tenant does not move them you can file an appropriate action with the court to remove them.

Hope this helps. I suggest that you consult with a landlord attorney in your area to make sure that you do every step correctly.
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Q: how do i stop fraudulent charges against my credit

1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Florida on
Answered on Jan 18, 2018

There is not enough information to say what course of action you should take. Your steps so far seem reasonable you just have to be persistent to argue your position to the proper party at the doctors office.

Good luck.
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Q: My roommate who is on the lease with me stole my credit card and used it 5 different times. I want her to leave

1 Answer | Asked in Identity Theft and Real Estate Law for Florida on
Answered on Jan 18, 2018

The decision to have her leave is not yours to make. It would be the landlords decision. If the tenant is paying rent timely and otherwise following the landlords rules I assume that the landlord is okay with the other tenant staying.

You may have to look at seeking to move and get released from the lease.

Good luck.
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Q: I broke my lease and need to know how much time I have from the lease break to move my stuff out.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Jan 18, 2018

You need to assume that you have very little time to remove your stuff. Not sure why you think you get 30 days when you break a lease.
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Q: Expired lease, now month to month. Landlord said we have to give 30 day notice to vacate not 15 days.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Answered on Jan 17, 2018

Normally, the notice period on a month to month tenancy is 15 days. however, since your month to month tenancy is a by-product of the prior written lease term, it is possible that the 30 days could be required. Honestly, the answer would be up to a judge.

So, the reality is, what is the cost of paying the extra 15 days or testing whether the landlord will try to pursue the extra 15 days of rent.

Ultimately, you can move out as planned and wait to see what the landlord does or...
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Q: If seeking a lawyer for probate must they be from the same state in which the will was written?

3 Answers | Asked in Probate for Florida on
Answered on Jan 17, 2018

You need a lawyer licensed where the probate action will be filed. Sounds like that will be Florida if the decedent died while a resident of Florida.
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Q: I am looking to terminate my lease agreement early and I'm wondering if I'd have to pay more than what this clause state

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Answered on Jan 17, 2018

Contracts must be read in their totality. ie: the whole thing must be read to give an opinion about one portion. Also an attorney will bring into the equation current case law.

Short answer here is that I cannot give an opinion without having first read the entire document. You need to consult with a tenant attorney in your area to have the contract reviewed in detail and then get an opinion about your question.
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Q: Can a small business from Florida take a business in California to small claims court for a breach of contract?

1 Answer | Asked in Contracts and Small Claims for Florida on
Answered on Jan 17, 2018

Short answer, is yes a Florida business can sue a California business in Florida Small claims court. However, the issue is complex on whether the California company can be legally sued here in Florida. It gets into a detail legal analysis. I suggest that you would be better off to hire an attorney to handle this case as if you miss a step the California company will get the case thrown out of court.

Good Luck,
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Q: My parents owened a house in fla. They divorced. Had a house in VA and fla. Both were suppose to be sold. Fla one did no

1 Answer | Asked in Real Estate Law, Tax Law and Probate for Florida on
Answered on Jan 17, 2018

Your situation has too many issues to give an opinion here online. however, you definitely need to consult with and hire a probate attorney to make sure that everything is done correctly.

I wish you good luck. You can use the find a lawyer feature to locate a probate lawyer in your area.
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Q: I signed a contract over 30 days ago for a screen enclosure. No deposit was given. Can I cancel without a lien on house

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Answered on Jan 17, 2018

No way to say without first reviewing the contract that you signed. I suggest that you consult with an attorney in your area to have the contract reviewed and then determine your next course of action.

Good luck,
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Q: Our rent is paid to date never later. She has not been doing any repairs.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Jan 17, 2018

Your post seems to be more of a statement of facts and really does not pose a legal question. It sounds like your best bet is to tolerate the situation until the lease expires in May. Or, you might be in a situation to send a 7 day notice to cure and if she does not make the repairs move out on day 8. However, you really need to consult with an experience tenant attorney from your area before you do the 7 day notice letter.

Good luck,
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Q: Does a text msg stating all we have to do to get out of our soccer agreement take the place of the original agreement?

2 Answers | Asked in Civil Litigation, Contracts and Small Claims for Florida on
Answered on Jan 17, 2018

No way to say for sure here online. You need to consult with a lawyer in your area and have the lawyer contact the soccer club and basically require them to prove the contract terms that allows them to charge you the release fee.

Good luck,
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