Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Charles M. Baron
1 Answer | Asked in Business Law, Consumer Law, Contracts and Internet Law for Florida on
Q: If an online seller from another state violates a law in my state, are they bound to my states law?

Online seller renewed a year long subscription without advance notice and is refusing a refund even though I canceled immediately. This is illegal in FL but they are based in Massachusetts

Charles M.  Baron
Charles M. Baron
answered on Jun 24, 2023

If you are buying while in Fla., Fla. law should apply. Regardless, to take legal action, you must see the terms that you agreed to for what procedures and venues apply for resolving any dispute. You likely checked a box for "terms and conditions". By doing that, you agreed to the... View More

2 Answers | Asked in Civil Litigation, Collections and Consumer Law for Florida on
Q: What resets the statute of limitations for debt collection?

I was contacted by a debt collector (possible scammer) about a car that was repoed 14 years ago. He threatened to sue me and garnish my wages. After the call, I looked up the statute of limitations in Florida (5 years), but I understand some actions can reset the clock, like accepting a payment... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 24, 2023

You ARE at risk of resetting the limitations period clock if you agree that you owe the debt or do anything that arguably indicates you agree to it. In that event, the creditor (or its assignee/successor) may sue you for account stated, for which there is a 4-year limitations period starting from... View More

View More Answers

1 Answer | Asked in Contracts for Florida on
Q: I earned a commission in Florida for selling a particular job to home owner. I was never paid this commission

I have called and text the owner and managers but they wont reply. The job i sold was installed on the home owners roof and i have proof

Charles M.  Baron
Charles M. Baron
answered on Jun 21, 2023

So your next step is to either hire an attorney or to represent yourself in a lawsuit. If the commission is $8,000 or less, the claim would be in small claims court, which is set up to be fairly easy for non-attorneys to represent themselves. If you wish, you could first threaten to sue if you... View More

1 Answer | Asked in Car Accidents for Florida on
Q: A utility door on a parked truck was left open. When getting in my driveway I hit it, who's at fault?

No one was in the truck. It was parked on opposite side of small road but made difficult to get in my driveway. Only damaged my vehicle. Driver lied and said he wasn't driving and had someone else come to driveway. Driver also said they had flashers on and they didn't until after. I have... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 20, 2023

You would be 100% at fault IF you were able to see the object that you struck, before you struck it, and if you could have stopped in time had you been driving at a reasonable speed. If you could not see it due to some obstruction of view not caused by you, then you should not be deemed at fault.... View More

1 Answer | Asked in Libel & Slander, Employment Law and Civil Rights for Florida on
Q: My crew lead kicked me off the crew and sent a group chat photo of everyone getting 9 hours and me getting 6.

They have never done so before and if they do send the hours they send it individually. I feel like this was a form of embarrassment and invasion of privacy.

Charles M.  Baron
Charles M. Baron
answered on Jun 19, 2023

Your phrase, "photo of everyone getting 9 hours and me getting 6" is not understandable. I suggest you post an inquiry with a few more details to explain that.

3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: If I had a car accident in Puerto Rico but have Florida license can I open case in Florida?

I was hit by a drunk police and they are trying to cover it all up I lost my job and car because of this accident

Charles M.  Baron
Charles M. Baron
answered on Jun 19, 2023

Only if the person whom you wish to sue resides in Florida, which I assume is not the case here. Consult an attorney who is licensed to practice law in Puerto Rico. On the Florida Bar website, you can search for lawyers who are in Puerto Rico who are or were members of the Fla. Bar. It is likely... View More

View More Answers

1 Answer | Asked in Consumer Law, Lemon Law, Contracts and Business Law for Florida on
Q: Can an warranty company refuse to pay repairs although repairs are covered under warranty?

Bought a box truck from Ryder. They don't want to cover repairs for the truck because of "contaminated fuel". Although they covered repairs multiple times before and no where in the contract does it state no coverage for contaminated fuel.

Charles M.  Baron
Charles M. Baron
answered on Jun 13, 2023

The issue is whether the warranty is voided due to your wrongdoing (either intentional or negligent), if any, that caused the damage/issue triggering the need the repair. One issue is the contract language itself, and another issue is the fact issue of whether you actually committed the act or... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can a witness be creditable of he already have it put for defendant . My husband has a pending case that based solely

My husband has a case thats based solely on probable cause from an officer that had contact with his friend previously for a charge not related to my husband and his friend said the officer said " please give me something on John osteen just anything"

Charles M.  Baron
Charles M. Baron
answered on Jun 13, 2023

It is up to the trier of fact (jury in a jury trial or judge in a bench trial) to decide if a witness is credible. Your husband needs an attorney who will determine if the witness can be discredited - that is, come up with ways to persuade the trier of fact that the witness should not be believed.... View More

2 Answers | Asked in Civil Litigation for Florida on
Q: Debt Buyer has a Bill of Sale without my account # on it. Will a judge accept this as proof they owe the debt?

I stated there was no way to tell if my debt was part of the purchase and asked for the full purchase agreement with my acct # on it to be submitted as proof but I don't know what the law says about this. Are there laws that require the judge not to enter judgment without a witness from the OC... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 11, 2023

To add to Mr. Thorgaard's good answer, the plaintiff can probably submit a records custodian's written declaration regarding business records being kept in the in the course of a regularly conducted business activity, with no need for the custodian to take the stand. See Fla. Statutes... View More

View More Answers

1 Answer | Asked in Car Accidents and Personal Injury for Florida on
Q: I have a utility trailer titled as Home Made in Florida. I am thinking of selling it. Am I considered the manufacturer?

Can I be liable for this utility trailer after the sale?

Charles M.  Baron
Charles M. Baron
answered on Jun 7, 2023

The following comments are for informational purposes, not legal advice (for which you'd need to schedule a consultation with an attorney). You did not indicate if you made the trailer. Maker = manufacturer. Generally, a manufacture of anything that causes injury or damage due to negligence... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Co-worker of mine was recorded by a customer (while at work and unbeknownst to her) then video posted on social media.

She's contacted the "post" person and requested it to be taken down, they have not. Isn't that illegal (no permission sought to do so) and does my coworker have a case to sue? It was in a shopping mall in a major retail store. We've been told since it's a public place,... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 6, 2023

To be certain, your co-worker must schedule a consultation with an attorney. If the opinion she received is from a legal consultation (in-person or virtual), and she is unsure of whether the opinion is correct, she should schedule a consultation with someone else for a second opinion. The... View More

1 Answer | Asked in Collections and Contracts for Florida on
Q: Can I dispute a debt from a collections agency that I feel is unjust?

I was planning on attending university, so I put down a $300 reservation for a room, though around a month later I had to cancel due to financial reasons. When I applied for the room, an email was automatically sent to my student email account connected to the university which had terms stating... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 4, 2023

This is a fairly simple legal issue - either your entered into a valid contract agreeing to the cancellation fee, or you didn't. To enter into such a contract, you would either have to sign it in ink or electronically, or check an on-line box agreeing to terms and conditions that you are able... View More

3 Answers | Asked in Personal Injury for Florida on
Q: Hi, can an attorney send a client part of a settlement if there is a hold up from a provider regarding the amount?

I have a large settlement from a car accident and my attorney has been going back and forth with a provider which is delaying me getting my check. Is he able to send part of the settlement to me while that gets worked out?

Edit- no mistrust to my attorney at all. I just didn’t want to... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 4, 2023

It sounds like there is an issue of mistrust of your lawyer, who apparently did a good job of obtaining a large settlement for you. Why? Is he not adequately communicating with you regarding the reason for his/her decision to keep all funds in the trust account until the provider's lien is... View More

View More Answers

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Florida on
Q: Can I sue someone for making threats about hurting me? I have proof with text screenshots. How much money can I sue for?

My neighbor in my building , who is known to cause trouble. Started making threats and saying that his going to Break my Jaw etc because I asked him to pay my friend his money back. Can I sue him ?

Charles M.  Baron
Charles M. Baron
answered on Jun 2, 2023

If I were in your shoes, I'd first be focused on preventing him from "breaking your jaw, etc.", not money - that is, if you do believe it is a REALISTIC threat and not just an idle (not-really-mean-it) threat. I would go to the domestic violence court and ask if the threats, which... View More

1 Answer | Asked in Contracts for Florida on
Q: Can a company terminate my contract without notifying in 15 days like it states in the contract

I put $10,000 deposit on a semi for lease to own in Sept 11, 2021. Weekly payments of $1,125. I came home for home time and to renew my medical card. The company pick the truck up without me knowing. All my belongings are in the truck worth over $5,000, they haven’t released none of my checks... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 2, 2023

For this kind of conundrum, the only way to determine your rights and legal options is to schedule a consultation with an attorney handling contract disputes so that the attorney can review the contract and all correspondence.

2 Answers | Asked in Family Law and Civil Litigation for Florida on
Q: My aunt willed me a car. Shes 99. Lawyers gave me the car. She can't drive. Now she is freaking out. Wants it back
Charles M.  Baron
Charles M. Baron
answered on May 28, 2023

You didn't ask a question, but I suppose your question is, "Do I have to give the car back?" Hard to say from the brief info in your post. First, the distributions under your aunt's Will cannot happen until she dies, so her Will is irrelevant at this point. That means the car... View More

View More Answers

1 Answer | Asked in Bankruptcy, Consumer Law, Estate Planning and Collections for Florida on
Q: 2006 Judgment Still an Issue--New Developments

01/2003 A credit card debt was acquired by Sarasota CCM and they obtained a judgment in in Illinois.

01/2009 I moved to Florida and three years later they registered the judgment in Florida.

09/2000 They garnished a checking account.

No communication from them between... View More

Charles M.  Baron
Charles M. Baron
answered on May 26, 2023

Three options (other than paying in full): 1. Attempt to settle up, such as by offering X cents on the dollar and/or paying in monthly installments over X number of years; 2. File for bankruptcy if eligible (consult a bankruptcy attorney); 3. Determine if you are judgment-proof and can just let... View More

1 Answer | Asked in Contracts, Products Liability, Construction Law and Personal Injury for Florida on
Q: Inspection

The windows were bought and installed by Lowes in 2019. We just recently discovered they are all pulling away from our home at the top, allowing daylight, air, wetness in from the outside. You can see mold visibly in some spots. I, myself have had continuous breathing issues to the point that I had... View More

Charles M.  Baron
Charles M. Baron
answered on May 24, 2023

You indicated that numerous lawyers have told you they cannot be of help. Did they provide the specific reasons, including principles of law and issues of proof, that caused them to decline the matter? That's step number one - to meet with a lawyer (either in person or virtually) to go over... View More

2 Answers | Asked in Contracts, Civil Litigation and Elder Law for Florida on
Q: LAWS REGARDING? MY LEASE WAS FORGED WITH MY SIGNATURE & BACK DATED, RETURNED WITH NONE OF MY NOTES, IT WAS 32 PAGES.

1. ON 3/23 I SENT SEVERAL EMAILS ASKING FOR MY "ORIGINAL LEASE I SIGNED WITH MY NOTES". 1 MONTH LATER STILL NO RESPONSE.

2. I APPROACHED ASST. TO THE MANAGER, WHO ADMITTED RUDELY [in front of other residents] "IT'S A LEGAL DOCUMENT, YOU ARE NOT SUPPOSED TO WRITE... View More

Charles M.  Baron
Charles M. Baron
answered on May 24, 2023

First, forgery is a crime that can be reported to the police, and can result in arrest. Whether you should report it in your situation is a decision for you to make based on factors that include the relationship you wish to have with the landlord and any potential retaliation (though retaliation... View More

View More Answers

2 Answers | Asked in Civil Litigation for Florida on
Q: Does filing a petition to remove a case to federal court exempt a defendant from adhering to Florida’s Rule 1.140?

Florida’s Rule 1.140 require defendants to file affirmative defenses within 20 days of bring serve. Does filing a petition to remove a case to federal court exempt a defendant in Florida from complying with Rule 1.140 and responding to a complaint within 20 days?

Charles M.  Baron
Charles M. Baron
answered on May 24, 2023

Generally, removal to Federal Court is not by petition, but rather by notice of removal that requires removal without needing State Court approval. Then the plaintiff may then file a motion to remand the case back to State Court if there are any grounds to do so, including technical defects in the... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.