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Questions Answered by Charles M. Baron
2 Answers | Asked in Civil Litigation for Florida on
Q: Is it possible to depose parties without suing them? I heard about deposition before action.

I think I might have a cause of action in a complex case. I do not know whom to name as defendants and I want to conduct some discovery before filing complaint. What is the best way to go about it?

Charles M.  Baron
Charles M. Baron answered on Oct 15, 2019

Read the entire Florida Rules of Civil Procedure, which you can find on-line. There is a rule allowing for petitioning the Court to allow for presuit depositions. That rule is rarely used, and in my 34 years of litigation practice, I have never used it. First, it costs just as much to file that... Read more »

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2 Answers | Asked in Civil Rights for Florida on
Q: I am looking to sue my local sheriffs department. What type of lawyer is best for this?
Charles M.  Baron
Charles M. Baron answered on Oct 7, 2019

You did not indicate what type of incident is giving rise to your need to make a claim. If you mean for police misconduct, such as false arrest and/or excessive force, you need an attorney who handles civil rights cases and/or police misconduct cases. That's usually what people are looking for... Read more »

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3 Answers | Asked in Car Accidents for Florida on
Q: How to stop subrogation

I currently have a subrogation out against me. When the accident happened I was using my company’s insurance And now they don’t want to pay for.

Charles M.  Baron
Charles M. Baron answered on Oct 4, 2019

I assume you mean, "How can a defend myself in a subrogation lawsuit that's been filed against me?" The answer is that you first consult, in person, an attorney who handles accident defense. You probably will have to pay a reasonable consultation fee. The attorney will go over with you the... Read more »

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1 Answer | Asked in Civil Rights for Florida on
Q: If u needed both incomes to get approved for house an he dies can u hold his family for his part of rent

Need info about this matter please

Charles M.  Baron
Charles M. Baron answered on Oct 1, 2019

In general, no, but you cannot get a reliable professional opinion on this with your on-line inquiry. You need to consult an attorney in person or by phone, so that an attorney can interview you in detail and review all estate planning documents (if any).

2 Answers | Asked in Contracts for Florida on
Q: I filed a lawsuit against my contractor his lawyer filed a dismal if I choose to let it go what do I have to do?
Charles M.  Baron
Charles M. Baron answered on Oct 1, 2019

You inquiry is too vague to get a meaningful response; you need to be more specific about the following: Do you mean the defendant's lawyer filed a motion to dismiss the case? And is the case in small claims court, or a higher court? Is the motion to dismiss set for hearing? Are there any... Read more »

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1 Answer | Asked in Civil Litigation, Contracts, Lemon Law and Small Claims for Florida on
Q: A month ago I attempted to purchase a vehicle. Gave a $2000 down payment and was told I was approved but yet no contract

2 days after taking vehicle home, found out it needed a transmission. My salesman literally blocked me and my family from contacting him. So i filed a complaint with the Department of Motor Vehicles. 30 days later, expired tag, car doesn't move

Charles M.  Baron
Charles M. Baron answered on Sep 24, 2019

You didn't ask a question, but I suppose you are asking, "Can I take legal action against the dealer?" In your situation, you can't get a quick answer on-line. You must sit down with an attorney who will review all your documents related to the transaction and discuss the details of the... Read more »

2 Answers | Asked in Civil Litigation, Contracts and Mergers & Acquisitions for Florida on
Q: If the place I live was bought out by another company and they did not give us new leases, is this an issue?

I live in a mobile home park and I was under the impression that I was purchasing it. Basically like a mortgage payment and then a lot rent. In any case the park sold to another owner and my title is in that business name, and my lease is the original owners business name. The new owners stated... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 24, 2019

It's legally impossible to be "under the impression that I was purchasing it" if you didn't have a legal document drawn up for that purpose. I'm guessing that the new owner of the mobile home park intends to kick you and the other residents out at some point in order to turn the property over to... Read more »

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1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Florida on
Q: On the actual paperwork I was served, the father's name was incorrect. It was a name I have never heard of.

Hi, I was served a paternity summons. The "father" has had 16% time with my son, and now wants 50/50 or possibly more. Also wants me to pay for his attorney fees

On the actual paperwork I was served, the father's name was incorrect. It was a name I have never heard of. My guess is it's a... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 16, 2019

You must timely file a response to the petition, regardless of the incorrect name. If there's no way the named person can be the child's father, you would indicate that in your response. It is best for you to have an attorney representing you on this, especially since the other side has an... Read more »

2 Answers | Asked in Civil Rights and Criminal Law for Florida on
Q: I have a probation violation in PA can I call the police in Fort Lauderdale when my husband hits me or will I go to jail

My charges were minor shoplifting harassment first transgression in my entire life I'm 39 can I get a restraining order or will they extradite me when I go to court to follow through with protection restraining order and divorce my husband is abusing me in every way I have a new baby and a 13 year... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 15, 2019

You didn't indicate if there is a PA outstanding arrest warrant, which makes a difference as to how to tackle the problem. Were you a no-show for a required appearance in PA? If so, there likely is a warrant. Whether there's a warrant or not, it should not cause you to give up your legal rights... Read more »

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1 Answer | Asked in Personal Injury for Florida on
Q: The accident happened in California is April of last year I received a Settlement in March out of that I had to pay back

The accident happened in California is April of last year I received a Settlement in March out of that I had to pay back all the people with the bills but my biggest question is Progessive wants me to pay back what they paid to the doctors. So I wanted to know if I had to pay that back is the... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 11, 2019

Normally, an auto insurance company won't make a demand that has no legal basis, but what you're saying makes no sense if you were not the at-fault party and Progressive is your own insurance company. You should make an appointment with an attorney in your area to show the written demand, your... Read more »

2 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: Can I get arrested just because someone said I stole something from them

This person accuse me of stealing something. Then they said if I paid for I can continue to live their. When I could not pay them the money they locked me out of the house and kept every possession than I own. Is this even legal and can I get arrested for something then I did not do. And how do I... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 8, 2019

Wow, you were really victimized by a horrible person, and you have multiple legal issues to sort out. Regarding the issue of whether you can be arrested if that person tells the police you stole something, sure you can, IF the person presents credible evidence to the police that would cause a... Read more »

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2 Answers | Asked in Employment Discrimination for Florida on
Q: I was terminated on my way to work during hurricane Dorian from Abbiejean Russell Care center in Ft. Pierce Fl on 9/2/19

The New administrator is Haitian. I am the director of activities and the residents complained to me 2 times during resident council that the staff always speaks in creole outside their rooms daily. I gave my residents council minutes to the administrator 3x weeks ago for her to sign and she never... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 7, 2019

Your brief on-line description will not get you any reliable legal opinion on your rights and legal options. You categorized your inquiry as employment discrimination, but your description contains no facts regarding unequal treatment based on a class that you fall in, such as race, sex, age,... Read more »

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3 Answers | Asked in Bankruptcy, Business Law and Collections for Florida on
Q: Do I need to file an exemption for wage garnishment if the wrong SS# was used in the original judgment?

A judgment was filed against me in 2014. I was unemployed and could not pay the credit card. I am now living only on Social Security. The original card owner was my husband but I used the card. The court documents show his social security number as mine. When I tried to call the collection agency... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 5, 2019

You DO need to file an exemption, despite a wrong SSN being listed. You are not required to have an attorney, but it's best that you have one, and you may be able to get a pro bono attorney by contacting your local agency that provides free legal services for the poor. You appear to be in Ocala,... Read more »

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1 Answer | Asked in Gov & Administrative Law and Landlord - Tenant for Florida on
Q: Can the 24 hour notice to vacate be served during a weather state of emergency?

Due to expenses of my sister's passing, I was unable to pay the final months rent of my lease, so I am being evicted. I am worried the 24 hour notice will be served during the hurricane that is about to hit us.

Charles M.  Baron
Charles M. Baron answered on Sep 2, 2019

You don't get served the 24-hour notice unless and until an eviction judgment has been entered against you after a lawsuit gets served on you and goes through the process, which takes anywhere from a couple weeks to several months, depending on whether you contest the suit. If you do have an... Read more »

1 Answer | Asked in Car Accidents for Florida on
Q: About driving with epilepsy?

Lets say I have been seizure free for 6 months and get back into driving. If I were to have an accident after legally being allowed to drive due to a seizure would I still be a fault if I were to kill a pedestrian or another driver? What if it was because of a seizure that slipped through even... Read more »

Charles M.  Baron
Charles M. Baron answered on Aug 27, 2019

There are two different standards of fault in your scenario, criminal and civil. With civil (potentially triggering a lawsuit against you), your prior health history is basically irrelevant. If you cause an accident because a seizure causes you to drive in a careless manner, you are civilly at... Read more »

1 Answer | Asked in Contracts for Florida on
Q: I want to know how to get out of my solar panels contract, I pay 166.00 a month my Duke bill is 186.00 it hasn't change

Like they said I'd pay 30.00 bucks to Duke I cant afford it

Charles M.  Baron
Charles M. Baron answered on Aug 26, 2019

You need to consult an attorney in your geographic area who handles consumer or business matters, as the only way to determine if you have the legal ability to cancel the contract is for an attorney to review the contract in its entirety and to interview you regarding all of the communications... Read more »

2 Answers | Asked in Real Estate Law, Civil Litigation and Civil Rights for Florida on
Q: Given that Florida is a fact pleading State, is it accurate to state that the Court must hear testimony from plaintiff ?

Throughout more than 3 years of litigation the Court has made Rulings and Judgments based entirely on Plaintiffs Counsel's motions and pleadings, adverse to me, the indigent pro se Defendant. I have not been HEARD, Judicial Bias, Motion for Recusal of Judge?The Plaintiff has never appeared or... Read more »

Charles M.  Baron
Charles M. Baron answered on Aug 25, 2019

Live testimony in Court is normally heard ONLY at the trial of a case (the end stage of the case) or, occasionally, in some kind of evidentiary hearing conducted under special circumstances, such as where testimony is taken to prove the reasonableness of attorney's fees being claimed. In most or... Read more »

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2 Answers | Asked in Constitutional Law and Estate Planning for Florida on
Q: denied homestead b/c trust words don't meet FL statutes. They know I have lived here 40 yrs! FED. Constitutional rights?
Charles M.  Baron
Charles M. Baron answered on Aug 21, 2019

I agree with Ms. Grossfeld, and to answer the last part of your question, no, you don't have a potential Federal constitutional rights issue/claim. Laws governing the homestead exemption are under the Fla. Constitution and Fla. Statutes. If your legal documents were done the correct way to... Read more »

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1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: Can an ex-fiancé Be responsible to continue to pay for an obligation that he agreed upon in a relationship?

He committed to pay for an above ground pool knowing I couldn’t afford it. I have text messages of him saying he will pay 100% prior to the break up. I also have the direct deposits for the pool payment. Now that he left (while I was at work a month ago, no notice) I’m stuck with this payment I... Read more »

Charles M.  Baron
Charles M. Baron answered on Aug 20, 2019

All facts, communications, and writings (including the agreement with the pool company) would need to be examined to give reliable legal advice. Based on your brief description here, you appear to be in a situation in which you may or may not have legal recourse - and it's a situation that would... Read more »

2 Answers | Asked in Contracts for Florida on
Q: Is a broker required to present any and all offers to purchase a yacht to the seller client?
Charles M.  Baron
Charles M. Baron answered on Aug 19, 2019

Generally yes, but what the broker is obligated to do (and what he/she is liable for if an obligation is breached) should be set forth in the brokerage agreement. Most of his/her obligations are found there, rather than in the law. Research would have to be conducted to determine if there is a... Read more »

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