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 Personal Injury and Workers' Compensation for Florida on
Q: I work at a company for 13 years after 7 years of working for this company and developed white lung

I worked in their warehouse bakery I was fired after 13 years because of a drug addiction that I had so the guilt in me did not try to collect compensation I know the statue of limitations is probably up it's been since 2001 but I'm still having respiratory issues is there anything I can... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 3, 2024

You are right that the applicable limitations period is PROBABLY expired, but reliable legal advice on whether any particular issue/dispute definitely is or is not still within the applicable limitations period is something that must be asked for by picking up the phone and speaking directly to a... View More

2 Answers | Asked in Civil Rights for Florida on
Q: Can some one video record me and my children coming into our apartment while we are conversating in the state of Florida

The neighbors who couldn't be seen yet his phone could be was recording us while we were talking after school coming into our apartment.

Charles M.  Baron
Charles M. Baron
answered on Sep 20, 2024

It depends on how public or private the setting is. Audio recording a conversation in a place where there's an expectation of privacy is a crime in Florida. That is something that should be reported to the police. Video (without sound) may or may not be lawful depending on the... View More

View More Answers

1 Answer | Asked in Consumer Law and Collections for Florida on
Q: Do I have to respond to an unsigned Complaint? And all exhibits against me are not signed?

The Complaint has a typed name but no signature. The exhibits all have my name added to the top of the page but are not related to me in any other way.

Charles M.  Baron
Charles M. Baron
answered on Sep 20, 2024

If you received a SUMMONS with the court complaint, you must comply with the instructions in the summons, which notifies the named defendant that failure to file a response may result in the defendant's money, wages, or property being taken without further notification. Any defenses or... View More

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Florida on
Q: I was held at knifepoint at my last job. Is there anything I can do to be compensated for me having to leave my job?

I had to leave because the guy who held me at knifepoint was the favorite employee and kept his job. I did file a complaint to HR which they finally fired him after I left, however in between that time I was continually scheduled with my attacker and forced to work with him. For about a week I was... View More

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

Though you resigned, it might be considered to be a "constructive discharge" due to you having no choice but to leave. If you are eligible for reemployment assistance (unemployment comp) based on how long you worked there, see if you can apply for such assistance based on constructive... View More

1 Answer | Asked in Municipal Law for Florida on
Q: My neighbor moves his truck to block our landscape company from being able to enter the back & side yard.

When my neighbor moves his truck to his side of the front yard, the landscaping company is not able to use the correct equipment and get the work done in an efficient timeframe because they have to weed eat the side and back yard instead of their zero turn lawn mower? Do I have any rights here? He... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 8, 2024

Generally, as long as the neighbor's placement of something on his property is not intruding onto your property or disturbing the peaceful enjoyment of your property, there's no potential legal action. HOWEVER, does your local jurisdiction (county or city) allow placement of a truck in... View More

1 Answer | Asked in Contracts, Collections and Landlord - Tenant for Florida on
Q: Eviction was dismissed and a $9000+ check was issued to landlord's attorney. They are still reporting that I owe them.

A wrongful eviction was filed against me in February of 2023. I continued to pay rent to the court and the case was not officially dismissed until recently in July 2024 (due to the attorney being unresponsive). The ORDER OF RESOLUTION, RELEASE OF FUNDS AND DISMISSAL was submitted 07/30/2024, and a... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 8, 2024

The first step is to contact the landlord or landlord's counsel to ask the reasons that additional amount is being demanded, with a full explanation/itemization in writing. Either there's something that makes sense, or there isn't. If it doesn't make sense, or there's no... View More

2 Answers | Asked in Civil Rights for Florida on
Q: My mom made a callout post on instagram with a picture of me attached. I don’t want her using pictures of me for this.

I’m 18 and I don’t know how to go along with handling this. She constantly threatens to kick me out for shutting down her mistakes when she involves me. I just want advice of how I’d deal with this so I can rest easy knowing I won’t be in danger because of her actions online.

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

If you were not in a public place when your photo was taken, it's unlawful for someone to publicly post your image without your consent, and action may be taken to put a stop to it. However, regarding your mom's threat to remove you, an adult, from her home, she has the legal right to... View More

View More Answers

2 Answers | Asked in Personal Injury and Landlord - Tenant for Florida on
Q: I slipped and fell in my apartment from a faulty wall leak I complained about the leakage in my apartment over 6 times

On august 20th maintenance came out and assured me the leak was fixed on aug 21 I fell on my back I went to the hospital they told me I have a contusion on my tailbone nothing showed on the X-ray what kind of settlement would I be looking at

Charles M.  Baron
Charles M. Baron
answered on Sep 20, 2024

Sorry to hear about your ordeal. Settlement value of a potential case depends on numerous factors, including the strength of the liability position and the nature and extent of the injuries and necessary medical treatment. Often, the appropriate amount to demand cannot be determined until the... View More

View More Answers

2 Answers | Asked in Contracts and Banking for Florida on
Q: I have received threatening emails from "debt collectors" for loans I have no record of taking out

These so called attorney's for a debt collectors have sent me emails threatening legal action of a court summons and/or having me arrested. However, when I ask for proof of the loan they say I took out, they have refused to provide me any information. Their only means of contact is email,... View More

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

You are correct to be cautious and suspicious. Usually this type of written collection communication is by regular mail, not email - or possibly regular mail plus email, but not email alone. The written communication usually gives the debtor a deadline to write back to dispute the debt, and the... View More

View More Answers

2 Answers | Asked in Contracts, Landlord - Tenant and Small Claims for Florida on
Q: I hired a lawyer and sued my former landlord. We won. My lawyer has stopped helping me. How do I collect?

I don't know what to do?!?!

Charles M.  Baron
Charles M. Baron
answered on Sep 5, 2024

First step, if you haven't done it already, is to send the judgment to the defendant with a demand to pay by X date. If no cooperation, the next step is to request the Court to order the defendant to complete and execute a Fact Information Sheet, which is for assets/income disclosure (if the... View More

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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

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.