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Questions Answered by Charles M. Baron
1 Answer | Asked in Civil Rights for Florida on
Q: I am trying to determine what type of lawyer I would need to discuss a situation of a harassing neighbor

The issue is they yell very offensive things to all of our guests when they come and go, and yell at our children when they are playing outside. There is no physical abuse.

Charles M.  Baron
Charles M. Baron answered on Dec 12, 2019

Your question is too vague regarding the word "harassing". I suggest you post a new inquiry with a very short summary of the wrongdoing you are complaining of (up to about 4 or 5 sentences). In any event, if the "harassing" that you complain of falls under a category of wrongdoing that a Court... Read more »

2 Answers | Asked in Civil Litigation for Florida on
Q: the person I have been living with for the past six month is going through my stuff and throwing it away what can I do

I came home this morning from staying the night at my friend's house to her going through my stuff and throwing it out

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

Your options include (A) calling the police, as destruction of your personal property without your consent is a crime (unless you abandoned your items), (B) demanding that she compensate you for the value of the destroyed items (or replace them), and if she refuses, filing a lawsuit against her... Read more »

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2 Answers | Asked in Contracts for Florida on
Q: How can a sue a contractor for breach of contract. Shabby work
Charles M.  Baron
Charles M. Baron answered on Dec 2, 2019

First, whether the contract was breached depends a lot on what you mean by "shabby". Breaching a contract means either not performing all or part of the job or not meeting specifications. Assuming you do have a breach, before anything, you should address the issue with the contractor to see if... Read more »

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1 Answer | Asked in Animal / Dog Law, Personal Injury and Wrongful Death for Florida on
Q: What can i do about my dog being put to sleep without my consent?

I ask my family members in Kissimmee, Florida to see if they can watch over my dog while i completed my tour in Korea. I gave them my dog September 2018 and is being over 1 yr. Apparently my dog was playing with their little yorkie and my dog she is american bulldog. So while fighting over a toy... Read more »

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

Regarding the issue of pressing a criminal charge (such as destruction of personal property), that is a question for the local law enforcement authorities. Regarding the issue of seeking money damages from the shelter and/or from family member(s), you do have potential claims there, though... Read more »

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Can I sue my agent for not trying trying to find a l less expensive company knowing that my premium would be going up

I've been with this agent for 15 years and called 3 different times through during the years for a price check on different companies. I was told by my agent that the company That I was with would be the cheapest. This was not the truth. I decided to go with another agent who pulled a quote... Read more »

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

If you didn't actually lose money by paying a higher premium, you are not damaged in any way (other than aggravation) and therefore have no ground to sue. If you did lose money, theoretically, you could sue for professional malpractice (negligence), but for only a $1K difference, it would be far... Read more »

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: I want to file a complaint against my agent for homeowner insurance gauging. How do I go about doing this?
Charles M.  Baron
Charles M. Baron answered on Nov 25, 2019

I presume you mean gouging, not gauging, and your question is vague about what occurred. In any event, certain categories of complaints regarding insurance providers can be made to the Florida Dept. of Financial Services - see https://www.myfloridacfo.com/Division/Consumers/needourhelp.htm.

1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: Can a small claims case be filed on a unlawful towing in Florida?

My husband's car was towed the reson given was it was abandoned but it wasn't on the side of the road for not even two hours

Charles M.  Baron
Charles M. Baron answered on Nov 19, 2019

Yes, he can file, but the real question is, what are his chances of prevailing? That depends on various factors, including whether there was a tow-away zone sign, what type of road it was on the side of, whether the side of the road is legal right-of-way, and other facts. For example, If it was... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: What I was saying is, I purchased the car from her. I made my last payment to her 2 weeks ago.

She is refusing to give me the title to the car and pick up her license plate. She wont make the exchange. And she cancelled the insurance on the vehicle which i was making payments on as well the same day I gave her the last payment for the car.

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

I know you're trying to modify a prior question you posted, but you instead need to re-state your entire question from scratch, so that all attorneys seeing it will understand your question.

2 Answers | Asked in Civil Litigation for Florida on
Q: I dont know which form to file to sue someone in small claims court for the title to my car

The person in question is refusing to meet me so that we can make the exchange of her tags for my title

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

Your question is a real mystery. Why would you be conveying to someone your car title in exchange for her giving you her car tags (and that's tags plural?)?? It's not legal to use someone else's tag.

But if I'm missing something, and you are seeking relief that you are legally entitled...
Read more »

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2 Answers | Asked in Collections, Landlord - Tenant and Small Claims for Florida on
Q: Can a landlord send a claim to collections without litigation first? Miami, FL

After vacating my apartment complex, my previous landlord is threatening to send claims to collections. We did not put down a security deposit. We dispute the claim they are making. They refuse to send me the bill for damages, just stating " it cost xxxx to fix." They have only contacted me through... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 30, 2019

By "collections", I think you mean using a collection agency or collection law firm to demand payment from you. Sure, that's merely using a third party to act on behalf of the landlord instead of the landlord itself/himself/herself making the demands. If that occurs, send back a written dispute... Read more »

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1 Answer | Asked in Family Law, Car Accidents and Sexual Harassment for Florida on
Q: Is it illegal in Florida to post pictures of a 13 year old in a bikini
Charles M.  Baron
Charles M. Baron answered on Oct 30, 2019

Your question begs the question of why you are asking. It may be legal, or it may not, depending on the circumstances.

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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