Questions Answered by Charles M. Baron
Q: denied homestead b/c trust words don't meet FL statutes. They know I have lived here 40 yrs! FED. Constitutional rights?
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 »
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 »
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 »
Q: Is a broker required to present any and all offers to purchase a yacht to the seller client?
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 »
Q: I let a person pet sit . They wont return my dog a police wont help me. What now
She got evicted played games bout her location. O found her police wont help. Hes no pure breed . And I have 4 yrs of pics along with papers stateing he is my emotional support dog. But police couldn't find her. 2 months have passed I've located her police still wont help me
If the police won't help you, you must file a lawsuit in court requesting the court to grant replevin (return of your personal property - in this case, your dog). Its' best to hire an attorney who handles litigation (lawsuits and claims) to represent you in such a case, and sometimes a litigation... Read more »
Q: My grandmother is passing down her small land in Puerto Rico; to me and she lives in Florida. What do I need to do?
Can a lawyer in Florida help? Could I do this on my own?
Your question is vague as to what you mean by "is passing down" the property. Is she living and wishes to make an estate plan for passing of her property after death? Is she living and wants to convey it to you right now? Is she dead and arranged for it to pass to you in a Will, Trust, or Deed?... Read more »
Q: My friend is having trouble with is old roommate he lives in Flordia, He has already moved out can he break the lease?
His roommate is threatening to sue him, but both of them are on lease and I was wondering if he can break his half of the lease cause both names are on it.
There's no such thing as "his half of the lease" - unless the lease specifies that each tenant is responsible for only half the rent, which is extremely unlikely. Usually, all tenants named on the lease are jointly responsible for the rent. That means if one takes off and refuses to pay his/her... Read more »
Q: Can a moving company ask for more money, five months after they have already been paid?
I hired a moving company solely to pack and move my belongings into a truck. When the work was completed, the company’s rep agreed to not charge for packing materials and issued an invoice accordingly, which was promptly paid. Five months later, the company’s owner is demanding that I pay for... Read more »
I agree with Mr. Thorgaard, but a problem you have is that, regardless of which side of your dispute is legally correct, the company can file suit against you IN VERMONT and/or possibly report the alleged debt to a credit bureau. You then would have the trouble and expense to get it rectified.... Read more »
Q: I have a roommate who has not paid rent since past at least 2 months. How can I evict her & collect back rent?
She was given an agreement next day to sign that gave all the details about rent amount, when, where and how to pay, etc. She never signed the agreement. I asked her to provide police report, she has not produced yet. I made search on internet to find that she has a criminal record of illegal... Read more »
Your best bet is to hire an attorney to give the notice that's legally required before you can file an eviction case, then to file the case on your behalf. No case can be filed unless the notice, in totally proper form, is given to the tenant. If you can't afford full services of an attorney, you... Read more »
Q: If u put $5K down to buy mobile home with Purchase Agree and make pymts for 3 mos, then backs out, do we refund all $?
It is a mobile home and the buyer put down$5K as deposit (selling price $26K) then 1-1/2 mos. later put down another $10K, then 1-1/2 mos. later put down $5K. The contract that the seller AND Buyer signed was to close on July 27. It is now August and the buyer says he can’t come up with the... Read more »
That mainly depends on the language of the purchase agreement. If it was drafted by an attorney, there usually will be a clause as to what the remedies are in the event of default, which will usually include an amount that the seller may withhold from the refund.
Q: Is a Dr negligent when gives a med not supposed to be taken with a Rx currently taking, causing harm?
Didn't find out about warning til next day, pk'd up Rx. Given pill at hospital initially, had terrible reaction. Has been several months, continue to have intermittent blurry vision, getting worse and more often, not better as had hoped. All meds were brought with me and documented at ED.
It is possible that the doctor would be deemed negligent in this circumstance. Schedule a consultation with an attorney ASAP; you are running out of time to make a claim!
Q: Can my daughter's father hire a lawyer for an accident our minor daughter was in w/o my consent?
They were rear ended by a commercial semi and signed for my daughter to be represented by an attorney. She was slightly injured. He will not give me any information and obviously as her mother this is something I should be involved in. How does this work in FL and What options do I have? Her... Read more »
Though I agree with Mr. Black, I would add that the atrocious conduct of your ex, not conferring with you and not even notifying you until after the decision was made, must be addressed. If you don't already have a family court order that requires the parents to confer with each other for major... Read more »
Q: Now I need an attorney willing to go against Chrysler Capital pro bono for overcharging me for the Jeep I bought 3 years
ago after I traded my Chrysler 200. They way overcharged me so when I fell behind, they never contacted the attorney I had begun to retain for bankruptcy filing to protect my Jeep. They said they had and that he denied it. I spoke to him and he said they never contacted him. Needless to say, it was... Read more »
You will likely not find a pro bono attorney with on-line inquiries, and there is no pro bono program that will automatically give you a pro bono attorney. However, there are programs that MIGHT be able to provide a pro bono attorney. For a Miami case, contact the Miami-Dade County Bar... Read more »
Q: My roommate is trying to start & escalate arguments.
I believe our roommate is trying to make my fiance mad enough to hit him so he can have my fiance arrested. We've started looking for a new place immediately but are stuck in this hostile environment until we can move. What would you suggest we do about our roommate's hostility to protect ourselves... Read more »
Your question does not seem to be one for a lawyer, but rather one for some kind of mental health counselor. If I'm understanding your concern correctly, it sounds like you are looking for some way to ensure that your fiance won't fly off the handle and commit a crime against your roommate due to... Read more »
Q: Is it legal for minors to carry a pocket knife in Florida (both folder and automatic)? What rights do I have?
I have read pretty much every website discussing this, but I still have not found any complete answers. My fear is that I will be stopped while carrying an automatic knife (that I like to keep on me for both general use and possible self defense), and that I would be arrested because I’m only 17.
What the heck is an "automatic knife"? If you mean a Swiss Army Knife or similar, it's not a weapon. If you mean a switchblade, it's an illegal weapon - possibly illegal whether you are carrying it or not.
Q: I have reason to believe a tenant is stalking me and using covert surveillance without consent for nefarious purposes.
It has been happening for an extended amount of time, and when I recently used an RF bug detector, it has confirmed my suspicions. It also confirmed that an employee is directly related to this incident even though I have nothing personal against that employee. The reason for this is because my RF... Read more »
You did not ask a question. You probably will get no response if you don't ask a question.
Q: Can a business put on the fine print of their contract that clients can never post negative reviews online?
And if they do post a negative review can the business sue that client?
You can put just about anything you want in a contract that is not illegal activity, though there are some clauses that a court may deem to be unenforceable in court for various reasons. The clause you mention is probably enforceable, at least for a reasonable period of time. (A court might not... Read more »
Q: is there grounds to sue a school for seperating 2 students because of gender and to interrupt their learning?
they work better when together
Generally, public schools may not discriminate on the basis of gender; however, your inquiry is way too vague for any attorney to provide any guidance.
Q: If I want to sue someone who was given my dog without my consent roughly how much would I need to cover the costs?
The dog was given away without my consent 2 years and the person still will not return her - I have papers of ownership - I believe I can sue but I need to know if I can afford it before I start.
Before you sue for return of the dog, you legally must submit a demand for its return, which should be in writing with proof of receipt of the demand letter. If you hire an attorney to do the demand letter, perhaps it would work. If the demand doesn't work, you need to file what's called a... Read more »
Q: Should I file my Answer to the Complaint anyway?
I received a Complaint/Summons for a lawsuit by my former employer last Friday, e-mailed to me by the plaintiff's attorney. However, it was filed with the clerk exactly 20 days before he sent it to me, which is the same amount of time allotted to file an Answer. I have been homeless since I was... Read more »
Since you are indigent, you should contact the Dade County Bar Association, which has a pro bono lawyer program. The number is (305) 579-5733.
Regarding filing the answer, yes, it can be mailed to the Clerk of Court, with a copy mailed to the other side. Sounds like you haven't been... Read more »
Q: Can I file a small claims suit for a transaction that occurred in Florida, but the person has since moved out of state?
Money was lent to a person in Florida, but the person moved to NY. I want to sue him in small claims court in Florida. Can he be served in NY and compelled to appear in Florida's court?
Yes! However, collecting on a judgment against him is another story, assuming he has no property or assets in Fla. After obtaining a judgment in Fla., you would have to go through a procedure in NY to domesticate the judgment there. Maybe after he is served with suit, though, he'll want to make... Read more »
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