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Questions Answered by Charles M. Baron
2 Answers | Asked in Civil Litigation for Florida on
Q: I am being sued by a collection company that bought my account from a credit card. What do I need to do to prepare?

The amount is $2400 which is mostly interest and fees.

Charles M.  Baron
Charles M. Baron answered on Mar 2, 2021

That depends on whether you have any defense. If you're not sure if you have any defense, consult an attorney. If you know for certain that you have no defense, contact plaintiff's counsel to make an offer (for example, 50% of the total, payable in installments of $50 a month), and see... Read more »

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1 Answer | Asked in Business Law, Contracts, Real Estate Law and Land Use & Zoning for Florida on
Q: If a company donated land to build a library with a reverter clause in 1979, would it be void in 2021 based on this law?

A new library was built in a new location to replace the old one. Just curious to see what could happen to the old library since it has a reverter clause.

Charles M.  Baron
Charles M. Baron answered on Feb 25, 2021

You ask if it would be void "based on this law", without saying which law you are referring to. Did you leave something out, or did you mean to ask if there is any law that would void it out? I suggest you re-phrase.

2 Answers | Asked in Personal Injury for Florida on
Q: I ate chicken breast from a restaurant and instantly began to feel nauseous accompanied by headache what should I do?

I kept the food, cut the chicken to see a red streak of blood down the back of the chicken. The chicken breast as undercooked.

Charles M.  Baron
Charles M. Baron answered on Feb 23, 2021

Did you need to get medical treatment? If yes, keep the food frozen in order to analyzed by a lab and consult a personal injury attorney immediately. If no, though you have a potential claim for money damages, the minimal damage to you is such that it's likely that no attorney will be... Read more »

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2 Answers | Asked in Car Accidents and Wrongful Death for Florida on
Q: Can the not at fault driver be charged with vehicular homicide or manslaughter in a fatal crash if the investigation

Finds his brakes were faulty but did not contribute to the crash?

Charles M.  Baron
Charles M. Baron answered on Feb 23, 2021

There would have to be SOMETHING connected to that driver that caused or partially caused the crash; otherwise, what possible reason could they have for filing a charge? Certainly, negligently failing to maintain brakes might form a basis for a charge IF that played some part, big or small, in the... Read more »

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1 Answer | Asked in Wrongful Death for Florida on
Q: As beneficiaries, do we have tights to my mother’s portion of my stepdads mesothelioma death lawsuit if she passes?

I know we have no rights to the lawsuit but we are her beneficiaries. Her health is troubling and I just want to know if we will keep her rights to the settlement if she passes. Ideally, we want her alive but I just am concerned. Worst thing is we were so close people thought he was my birth... Read more »

Charles M.  Baron
Charles M. Baron answered on Feb 22, 2021

If I understand you correctly, your mother currently is the plaintiff in a wrongful death lawsuit arising from the death of your step-father, which has not yet settled, but you are expecting a settlement or recovery at some point in the future. I wonder why you didn't ask your question to... Read more »

3 Answers | Asked in Civil Rights and Employment Law for Florida on
Q: okay so i know in FL terms of employment are “at will”. Is that for ANY situation? My gf works for the omni hotel in ...

a restaurant. we live at a river house and is flooded overnight, as in there is no road just river. our house is on stilts but even so, water covers our entire yard even some of our steps & the water is up to my chest where the rd is. that being said she let both her bosses know thursday ( she... Read more »

Charles M.  Baron
Charles M. Baron answered on Feb 22, 2021

I agree with my two colleagues who have responded but would add that, if she is terminated for that reason, she may be entitled to compensation under the Florida Reemployment Assistance Program (also known as unemployment compensation), depending on her length of employment there. If she meets the... Read more »

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1 Answer | Asked in Civil Litigation, Criminal Law and Libel & Slander for Florida on
Q: Is it possible to pursue provable perjury charges on Florida Injunction and Small Claims cases?

An injunction was granted against me, small claims case was dismissed. In both cases blatant perjury was committed on both the complaints under oath and In testimony at the hearing. A different state employee is willing to testify to that fact in one area; the other claims are provable such as I... Read more »

Charles M.  Baron
Charles M. Baron answered on Feb 18, 2021

Pursuing perjury charges, like all other criminal charges, is totally up to law enforcement agencies and/or prosecutor's offices. Just as in the case of being a victim of a robbery or an assault, you as the victim of perjurious statements should contact the appropriate authorities, and make... Read more »

1 Answer | Asked in Child Support and Personal Injury for Florida on
Q: I have Child support arrears from PR and won a injury settlement in Florida. How much they can take ?
Charles M.  Baron
Charles M. Baron answered on Feb 15, 2021

That would be a matter of Puerto Rican law and thus should be asked of a lawyer who is a member of the Bar Association of Puerto Rico. Without knowing a thing about Puerto Rican law, I'm guessing that your entire net recovery from your personal injury case would be fair game for those seeking... Read more »

1 Answer | Asked in Civil Rights for Florida on
Q: I turn 18 in less than 10 days, if i leave home can my mom call the police and tell them that I ran away.

I just wanted to know whether the police would do anything about it because i will be legal in less than 10 days.

Charles M.  Baron
Charles M. Baron answered on Feb 11, 2021

Yes, and yes. Your 18th birthday is when your parent(s) no longer have responsibility for you.

1 Answer | Asked in Civil Rights for Florida on
Q: I have mailed a money order to someone. I have the receipt of the money order and the receipt from the post office.

The person said they haven’t received it, is it still my responsibility to send another money order to them.

Will they still be able to sue me

Charles M.  Baron
Charles M. Baron answered on Feb 9, 2021

If you sent it by regular mail, it's possible that it got lost or was delivered to someone else. It's always best to send a check or money order of any substantial amount by certified mail or by courier, to prove delivery.

Yes, of course they can sue you if you legally owed the...
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2 Answers | Asked in Personal Injury for Florida on
Q: Will a personal injury lawyer review an demand letter from another attorneys case?

My aunt if working with a lawyer and I am not feeling really optimistic about his ability to represent her. I want to get a second opinion on the demand letter.

Charles M.  Baron
Charles M. Baron answered on Feb 7, 2021

Sure. In the event your aunt then terminates the first lawyer's representation because she wishes to hire the second lawyer (or any other), the first lawyer would likely have a lien on the case for reasonable compensation for the time he put in. Depending on the stage and/or value of the... Read more »

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2 Answers | Asked in Civil Litigation for Florida on
Q: is it against the law to harass and bully a mentally handicapped person

neighbor harassing us about buying our property. my husband is mentally handicapped and the neighbor is trying to trick my husband and calling him names

Charles M.  Baron
Charles M. Baron answered on Feb 4, 2021

It depends on what you mean by "harass and bully". If you mean merely persistently making an offer to buy your property, that's not unlawful, regardless of your husband's mental condition. However, if, AFTER you and your husband tell him to stop making offers, the neighbor were... Read more »

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1 Answer | Asked in Federal Crimes and Gov & Administrative Law for Florida on
Q: Why isn't Marjorie Taylor Green not in federal prison . Threatening government officials of the United States is a felo

Here is the million dollar question . Why isn't Marjorie Taylor Green not serving 5 years in federal prison . Threatening government officials of the United States is a felony under federal law. Threatening the President of the United States is a felony under 18 U.S.C. § 871, punishable by up... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 29, 2021

Taylor Greene is a bottom-of-the-barrel, evil, ignorant miscreant and should be expelled from the House. However, thus far, I have seen no stories of her threatening the President or other officials with violence. There are stories of her posting the "like" icon on other people's... Read more »

1 Answer | Asked in Employment Discrimination for Florida on
Q: Can I sue my attorney for negligence in my employment lawsuit case for mishandling my case and missing dates?
Charles M.  Baron
Charles M. Baron answered on Jan 25, 2021

While mishandling a case and missing deadlines might possibly give rise to a legal malpractice claim, that attorney's entire file would have to be reviewed in order to determine if malpractice occurred, and if so, to determine if the facts and circumstances may give rise to a worthwhile claim.... Read more »

1 Answer | Asked in Civil Rights and Landlord - Tenant for Florida on
Q: Can an apartment and your lease for walking around the apartment?

I live in an older apartment so the floors are not the sturdiest. My downstairs neighbor complained about me stomping but I know that I am not stopping it’s just that the floors are very loud. I can even hear myself walk. She’s even complained about a baby walking. My apartment days they can... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 25, 2021

Though you have a few typos, I understand that your landlord says it will terminate your lease early due to the neighbor's noise complaints, but the noise is not your fault. The answer is that the landlord would not be legally in the right to terminate early, but you have the potential... Read more »

1 Answer | Asked in Contracts for Florida on
Q: My boyfriend signed an agreement that to provide me financial support since I quit my job and moved in. Is he liable?

I'm ready to break up, but he said he would pro ide support and he signed an agreement we wrote up.

Charles M.  Baron
Charles M. Baron answered on Jan 24, 2021

There are various legal issues arising in this situation, which is quite common. First, your agreement may or may not be enforceable, depending on the language and circumstances. To be enforceable, there would have to be "consideration", which means BOTH sides must receive some kind of... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Motion for an extension due COVID 19

The plaintiff would like to schedule a special set hearing, but my husband has contracted COVID 19 and is not able to participate in a hearing. I am attempting to assist so he does not lose the case. Do I have to select a date for him since he is not doing well due to COVID 19 or should we contact... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 17, 2021

The first step is to ask the other side to agree to a later date. If they agree, the problem is solved.

If they don't agree, and the other side goes ahead and notices the hearing, your husband would need to file a motion for continuance (postponement) of the hearing, and, if...
Read more »

1 Answer | Asked in Employment Law and Civil Rights for Florida on
Q: Hi I was just wondering I have a pituitary tumor which stops me from working right now because my body has been Week and

Unable to perform work i’m hoping to get better and go back to work can I file for unemployment and say my sickness in the future does not get better will that disqualify me Once I’m no longer receiving unemployment to apply for disability

Charles M.  Baron
Charles M. Baron answered on Jan 17, 2021

By "unemployment", do you mean Unemployment Compensation (now known in Fla. as Reemployment Assistance)? That type of assistance is available only upon being terminated from employment (if not terminated due to misconduct) and is paid by the employer who terminated you. It is not... Read more »

1 Answer | Asked in Civil Litigation and Land Use & Zoning for Florida on
Q: Looking to understand the definition of "Commercial activity"

In the city we live in Clermont, Fl, the park rangers and their leader, parks and recreation director, are trying to prevent us from assembling in a public park (Waterfront Park)

The claim is that we are considered commercial activity. They are asking us to fill out waivers, background... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 15, 2021

The first issue is the definition, if any, of "commercial activity" in the city code. There might be a definition that applies to your group even though no money changes hands. If the definition does NOT apply to your group, or there's no definition at all, then the action against... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Can a personal injury case be filed in Florida if a case was already settled but only PIP from both ins was received?

The responsible party’s PIP was received, my PIP was fought for (only to be finally given the full amount due to a surgery being deemed necessary), but then my case was settled by my attorney. No further compensation was fought for or received. I had to have more surgeries after that and... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 12, 2021

You inquiry is a bit vague regarding the phrase "settled by my attorney". If you mean settled your entire case including completely releasing the wrongdoer from liability, and you signed off on that, then you're done. If you mean settled the PIP issue ONLY, then you can still make... Read more »

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