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Questions Answered by Charles M. Baron
1 Answer | Asked in Animal / Dog Law and Personal Injury for Florida on
Q: Neighbours dog come and attacked my cat (now it’s disable), can I sue without video prove ?

I live on 2 acres property and neighbours dog keep coming lose and run a mile to my property to chase my cats. Yesterday after another visit of this dog I found my cat not able to walk outside. I took it to vet , it’s has been confided that cat was attacked and it’s has damaged nerves, so... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 23, 2024

The first logical step here would be to submit a demand letter to the dog owner to demand payment of the vet bills by a certain date, failing which you will take legal action. Such a letter will probably have more impact if done by an attorney. If there is neither any witness nor video, though,... View More

1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: judge wont respond to a motion to reconsider on a civil case. Is the 30 day for appeal clock running.

Civil case for damaged approx $5K Judge awarded $1K Plaintiff motioned for reconsideration and then RE Motioned a second time and the court has not or will not answer the motion. Is the 30 day clock running from the 1st order of judgement for $1k?

Charles M.  Baron
Charles M. Baron
answered on Jun 23, 2024

Your motion is probably not the type of motion that stops the clock for the appeal window, BUT whenever there's a question, "In my court case, is the clock running for me to ____?" or "What is my deadline to ____?", that's an issue that you should NOT rely on online... View More

2 Answers | Asked in Car Accidents for Florida on
Q: Can I sue a hit & run driver that did not result in injuries?

The incident happened in a Publix parking lot. I have 2 witnesses, a FL State Trooper's Crash Report, & my DashCam video.

Charles M.  Baron
Charles M. Baron
answered on Jun 23, 2024

As there is no bodily injury, I assume you are asking if you can sue the other driver for physical damage to your vehicle. Of course you can, and if someone else owns the vehicle, you can sue that owner as well. HOWEVER, the normal first step in this situation is to determine if the other driver... View More

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1 Answer | Asked in Civil Litigation and DUI / DWI for Florida on
Q: I was arrested for DUI. The charges were dropped because video shows the officer did not make a traffic stop. Can I sue?

This is not a case of me driving in traffic and a cop observed my driving pattern and made a DUI traffic stop. I was at a motel when an incident occurred with an ex, two males got involved and I left. Because I did not know where my phone was, I went to a parking lot 10 seconds away to look inside... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 17, 2024

Sorry to hear about your ordeal. Your inquiry is unclear regarding the phrase, "arrested me without me knowing". If you're arrested, you'd know it. You would be handcuffed, placed in a patrol vehicle, and taken to a facility for booking. Not sure if you mean you were instead... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Selling food illegally under a non profit organization.

A non profit City organization holds events once per month where they charge food vendors for attending the event. The money the non profit receives goes to maintain and preserve the city's historical downtown.

90 percent of the food vendors are not licensed by either of... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 15, 2024

Before getting to your question about liability, how about reporting it to your local health department? I would think those folks would be interested, regardless of licensing issues. And if the health dept. takes action, local media may be interested as well. Turning to the liability question,... View More

1 Answer | Asked in Civil Litigation, Collections and Communications Law for Florida on
Q: I have received text messages from this person I not sure if it’s really or not

As of today you have failed to respond to the settlement offers. Our client has attempted to work with you all multiple times. Be advised today we have sent out certified mail to the department of labor. This included the request to attach your bank account and garnish the wages. This will be in... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 11, 2024

The language used indicates that this is very likely a scam, but you cannot get a reliable answer from an online forum as to whether someone contacting you is "real" or not. Since the person says he/she "just emailed your bank", you can contact your bank to inquire about it.... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for Florida on
Q: How can I get a phone back from an ex that I pay for still and owe 700 dollars on still and is under my name

He is an abiser and narcissist he also stole battieries and the bsttiery port oit of my belongind and wont rerun that as well

Charles M.  Baron
Charles M. Baron
answered on Jun 10, 2024

If you're talking about theft, you have the option of calling the police. However, if your ex would give them a story contrary to yours about who owns what, the police would likely say it's a civil matter and leave him alone. To have a good set-up for taking action in the civil court... View More

3 Answers | Asked in Collections for Florida on
Q: If a debt collector cannot provide an itemization of where they are getting their figures from, do they have a case?
Charles M.  Baron
Charles M. Baron
answered on Jun 8, 2024

Do you mean, "Can they file a case against me?" or instead, "Can they prove their case in court?" If the former, yes, anyone can file suit whether they have a strong case, weak case, or even a frivolous case. For any of those categories, a lawyer can advise how the matter... View More

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2 Answers | Asked in Civil Litigation for Florida on
Q: What motion can I file if the defendant is avoiding service in Florida?

I have tried a sheriff and a private process server and both have filed affidavits that state the defendant is avoiding service.

Charles M.  Baron
Charles M. Baron
answered on Jun 6, 2024

One option is to file a motion for extension of time to serve, to extend the 120-day deadline, attaching to the motion the server's affidavits. You likely would need to set that (or any other motion) for hearing. Your other options depend on what type of case it is and whether the defendant... View More

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2 Answers | Asked in Collections and Small Claims for Florida on
Q: Can my friend sue me even if what I owe him, is under my name.

I split a boat club membership with two of my friends, the contract was suppose to last 2 years but was automatically renewed if we didn’t cancel in advance. My friend and I agreed, that the membership would be under my name and his card would be under the payments. After 2 years it was... View More

Charles M.  Baron
Charles M. Baron
answered on May 28, 2024

IF the club contract is a legally valid contract providing for automatic renewal (which it may or may not be), then you had the responsibility to timely cancel to avoid automatic renewal. Whether you have liability to you friend depends on the terms of agreement with your friend. If you had an... View More

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1 Answer | Asked in Contracts for Florida on
Q: My Son borrowed $213000 in 2019 and signed A Promissory Note containing terms he drafted!

He is delinquent and has refused to answer my texts, emails and phone calls since last May last year.I have requested he work with me to consolidate two other Notes with the $213,000 but he refuses to reply! What can I do to get a return of my money.He is a highly paid National Sales Director for A... View More

Charles M.  Baron
Charles M. Baron
answered on May 19, 2024

Schedule a consultation with a lawyer in your area handling breach of contract matters. The lawyer can start with a demand letter, then file suit if necessary. You didn't say when the loan re-payment was due. You probably have a limit of 5 years from that due date to file suit. If the... View More

1 Answer | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for Florida on
Q: Need citation precedent establishing that a pharmacy negligence governed by 3-4 years Statute of limitations in Florida

A chain pharmacy dispensed a prescription medication with the wrong dosage that resulted in permanent heart injury. My former lawyer told me it's a personal injury case governed by 3-4 years Statute of limitations. I need a precedent case law establishing that a pharmacy negligence incident... View More

Charles M.  Baron
Charles M. Baron
answered on May 15, 2024

Sorry to hear about your ordeal. There's no such thing as a "3-4 years statute of limitations" for any kind of claim. Was your former lawyer guessing that the limitations period would be somewhere between 3 and 4 years, being not sure if it was 3 or 4? The limitations period for a... View More

5 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: HEEEEELP!!! I am an anxious wreck. Being sued for a minor car accident driver claims bodily injury

I am an anxious wreck. I got into a minor accident. Police report stated that it was less than $5000 and that there were no injuries. Now the other driver is suing me for $80,000 my coverage is $100,000. I am so scared that this will ruin my life. My insurance company All state is paying for... View More

Charles M.  Baron
Charles M. Baron
answered on May 9, 2024

It is unclear why you are so worried when, according to you, you have a litigation lawyer at no cost to you and the plaintiff is suing you for an amount that your insurance would cover 100%. If that's really the case, your assets and income shouldn't be at risk - but you must consult... View More

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3 Answers | Asked in Personal Injury for Florida on
Q: Can I relinquish my lawyer without penalty?

In a car accident case where a lawsuit has not been filed, can I relinquish my lawyer and come to an agreed settlement amount with my insurance company myself? Is there any penalty for this if I don’t want to sue?

Charles M.  Baron
Charles M. Baron
answered on May 7, 2024

You always have a right to fire your lawyer, but there likely is a big downside for doing so in your situation. See your retainer agreement. It probably indicates that if you terminate the representation any time after the first 3 business days, you are obligated to the firm for fees incurred,... View More

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1 Answer | Asked in Contracts and Criminal Law for Florida on
Q: I've been charged with failure to return hired vehicle. The sworn affidavit has dates not right, they lied. Help

My contract and extension dates don't match affidavit. Plus my husband's direct deposit debit card was put in file for the last extension before I was stoped and surrounded by state police filming the stop(traumatic). I'm 55 my husband was in PA our motor home burnt to the ground and... View More

Charles M.  Baron
Charles M. Baron
answered on May 4, 2024

The way for you to get the help you need is to promptly schedule a consultation with a lawyer in your area. You said you are "charged", which I assume means a criminal charge. If so, seek a criminal defense attorney. You can click on the Find a Lawyer tab at the top of this page and... View More

2 Answers | Asked in Personal Injury for Florida on
Q: My fiancé's accident lawyer is telling him he needs a criminal defense attorney. The accident was caused by other driver

The accident attorney told him this after he was told that my fiance got paperwork from at fault drivers lawyer

Charles M.  Baron
Charles M. Baron
answered on May 1, 2024

You didn't ask a question. Is your question, "How does my fiancé find a criminal defense attorney?" One way is by using the Find a Lawyer tab at the top of this page. Another way is by contacting the Florida Bar Lawyer Referral Service. Another is by simply doing an online... View More

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2 Answers | Asked in Civil Rights for Florida on
Q: How can I get an attorney for a civil case that took place in 2017?
Charles M.  Baron
Charles M. Baron
answered on Apr 5, 2024

By "civil case ... in 2017", I'm guessing you mean a 2017 incident, not a lawsuit filed in 2017. There is not a category of attorneys for "old incident cases". Search the same way you would for any lawyer in that area of law, including contacting the Fla. Bar Lawyer... View More

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2 Answers | Asked in Civil Rights for Florida on
Q: Legal repercussions of certain actions. Is it legal?

A friend of mine recently rented a car from Hertz Car Rental company through the Uber Driver app so that he could do trips and earn money. Until after my friend signed the rental contract, Hertz didn’t tell him that he and his passengers were going to be recorded by video and audio from inside... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 4, 2024

This is simply a matter of basic contract principles. Your friend apparently agreed to the invasion of privacy by signing without reading it first. It is legally assumed that a contracting party has read and understood what he/she has signed. I often get calls from people who say, "But I... View More

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2 Answers | Asked in Legal Malpractice and Personal Injury for Florida on
Q: Can I sue for legal malpractice if my attorney accepts an offer without my consent and/or negligence?
Charles M.  Baron
Charles M. Baron
answered on Apr 1, 2024

If your attorney accepts a settlement offer without your consent, your first move should be to determine if the settlement can be revoked, either with the opposing party's consent or instead via a motion to the Court. First speak to your attorney who's been representing you in the case... View More

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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Am I allowed to use Official Police body cam on social media if I'm reporting misconduct of the police in Florida?

I'm wanting to put together a body cam video of clips from several different police body cam videos in Florida from numerous police encounters with an individual and put it on social media since they are continually harassing this individual. Am I legally able to do so if I have all these... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 1, 2024

The answer depends on whether the footage is officially public record at this time, as well as on what you mean by "reporting misconduct". Generally, any official public records may be shared on social media. However, if you were to edit/compile the footage in a way that is not exactly... View More

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