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Questions Answered by Charles M. Baron
1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Can a privet sector employer not hire you because of who your neighbor is

My neighbor is a ex employee

Charles M.  Baron
Charles M. Baron
answered on Apr 28, 2022

Depends on if the REAL reason for not hiring is discrimination based on one of the protected classes under the law, such as race, color, sex, age, religion, national origin, handicap, and some other categories. While there is usually no way to get hard proof of the real reason outside of... View More

1 Answer | Asked in Small Claims for Florida on
Q: What is the procedure after you loose in small claims ? How does the winner collect the money ?
Charles M.  Baron
Charles M. Baron
answered on Apr 26, 2022

If you are sued in small claims court and the plaintiff is awarded a money judgment against you, you have 30 days to either pay or appeal. If you don't do that (or if you file an appeal without obtaining a stay), you will likely be required to complete what's called the Fact Information... View More

1 Answer | Asked in Civil Rights for Florida on
Q: Good evening I have a question regarding a prior arrest in 2019,which I was wrongfully accused ,at the time I was 8mon

Pregnant with my daughter, I was arrested by Clearwater police I was handcuffed placed in car for 2hours with no water anything, was transported in cuffs to tgk I informed the nurse that my wrist was bruised due to cuffs being tight.

Charles M.  Baron
Charles M. Baron
answered on Apr 24, 2022

You did not ask a question, but I assume you want to know if you can make a claim for money damages. Your description does not give enough information to determine if you have a potential valid claim, or if you are within the time limits to bring certain types of claims applicable to this... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Constitutional Law for Florida on
Q: Can I obtain legal council pro bono I’m so not have a job or any money since being released from prison a year ago

I have a co defendant that is incarcerated for the charges of possession of cannabis greater than 20 grams

It is said that I have charges coming against me for sales of meth months prior

Charles M.  Baron
Charles M. Baron
answered on Mar 28, 2022

If you are charged with a crime and cannot afford a private attorney, the Court will likely appoint an attorney to represent you at no cost to you. If you are seeking advice about your situation though not yet charged with anything, call criminal defense attorneys in your area, and you will... View More

3 Answers | Asked in Gov & Administrative Law for Florida on
Q: I own a condo in Florida. Along with my purchase I received 2 deeded parking spots.

Does the BOD have the authority to tell me what I can and cannot park in my spots? Do they have the authority to tow a car out of my deed owned parking spot?

Charles M.  Baron
Charles M. Baron
answered on Mar 21, 2022

The BOD can enact reasonable Rules & Regs applicable to the entire complex (but not selectively against you) regarding types of vehicles that are prohibited from parking at the complex. To be legally valid, such Rules & Regs would must be enacted in accordance with all of the notice and... View More

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2 Answers | Asked in Civil Litigation for Florida on
Q: Had someone call me saying they had a civil lawsuit against me and gave me a case number. Is this fake?

First guy said he was a processor and gave me a number to call with case number. I look up the case number for my county and that case number doesn’t exist

Charles M.  Baron
Charles M. Baron
answered on Mar 21, 2022

On your county's Court Clerk's docket site, search not only for the case no., but also your name. However, it's also possible you were sued in Federal Court or in another jurisdiction, in which case it would not appear on your county's Clerk's site, but rather on the... View More

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4 Answers | Asked in Civil Litigation for Florida on
Q: Is it possible to sue someone in small claims for severe emotional distress?

I did a bit of research on mine into emotional distress cases. What is definitely negligence or intentional infliction of emotional distress. Or I read the tort for emotional distress. And could answer all 4 requirements. I have medical records for during the time as well as having to pay someone... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 7, 2022

You seem to be asking if you are permitted to sue in small claims court for intentional infliction of emotional distress and/or negligent infliction of emotional distress. Sure, you are permitted to file any claim for money damages you wish in small claims court if the amount sought is $8,000 or... View More

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1 Answer | Asked in Contracts for Florida on
Q: In the state of Florida is the Dealerships markup on a vehicle service contract regulated?
Charles M.  Baron
Charles M. Baron
answered on Mar 1, 2022

That would be a matter of statutory requirements/restrictions to prevent unfair and deceptive trade practices and basic contract law reflected in published appellate court decisions. Not sure what you mean by "markup" - wrongfully violating the contract terms during the term of the... View More

2 Answers | Asked in Personal Injury for Florida on
Q: When is an auto insurer required to reveal policy information and limits ?

The driver of a vehicle was found to be at fault after running a red light (in view of a police officer), and causing an accident that injured me (fractured rib and partial collapsed lung). The at fault driver's insurance has officially (in writing) stepped in to "manage" (oversee?... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 27, 2022

First, it would be extremely foolish for you to represent yourself in the described situation, unless your case has been turned down by a few personal injury attorneys. Is the latter the case? The insurer should not be "managing" you. In any event, there are two ways to obtain the... View More

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3 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: My wife are 76 and 73 years, worked all our life. Being sued by 38 yr old son for damages.US Den Dist Ct # 1:2022cv00321

Son is disabled and misguided throughout his life. What are the options?

Charles M.  Baron
Charles M. Baron
answered on Feb 17, 2022

Your options are to defend yourselves in the lawsuit, for which you should hire an attorney, or to not defend yourselves, which will result in a money judgment against you by default. Your inquiry does not indicate the alleged grounds for suing you. If they are something with no genuine factual... View More

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1 Answer | Asked in Collections for Florida on
Q: I'm being sued by capital one for credit card debt. I haven't been officially served yet. Should I respond now?

I've only received mailed solicitations from local lawyers with a case number. I have not received anything official. The file date is 1/25/22. Pretrial is set for June. Debt amount was $3,000

Charles M.  Baron
Charles M. Baron
answered on Feb 5, 2022

You are under no obligation to file a response to the lawsuit until 20 days after you are served. (But if a small claim of $8K or less, you don't need to respond at all; you instead appear for a pretrial conference.) You have the option to respond without being served, but in most cases,... View More

2 Answers | Asked in Contracts for Florida on
Q: I want to buy a leased car at the termination of the lease.

The lease documents say the residual value is $11,986. The dealership is saying it would cost me $15,454. Can they charge more than the residual value?

Charles M.  Baron
Charles M. Baron
answered on Feb 5, 2022

They can charge only according to the contract terms, nothing more. Also, this is not a matter of what's on the law books, but rather what's in the contract. So ask them to point out the term(s) on which they are basing the additional charge. If they point out such term(s), but you are... View More

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2 Answers | Asked in Contracts for Florida on
Q: If a company does not have a stated fee for severing a contract that I signed, are they allowed to charge me a fee?

It was never discussed that there was a fee for 'breaching contract'. But then I was told that it would be a $3,500 charge

I recently spoke to them again about this and now they have changed the fee to $5,000. Unfortunately, this conversation occurred over the phone and they are... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 30, 2022

Not sure what you mean by "severing". If you mean that, after entering into a binding contract that obligated you, and with no opt-out period or other agreed upon termination rights, you said, "The heck with that, I am un-obligating myself", that could be a breach of contract,... View More

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1 Answer | Asked in Civil Rights for Florida on
Q: How do I sue the police department?
Charles M.  Baron
Charles M. Baron
answered on Jan 10, 2022

There is no simple, on-line answer to your question. You need to schedule a consultation with an attorney handling civil rights matters. It indicates above your question that you writing from South Carolina, but it went into the inbox for Florida attorneys, so not sure where you incident was.... View More

2 Answers | Asked in Personal Injury for Florida on
Q: I was arrested for a bad check my father wrote, we share the same name. He is disabled and I went to the store for him.

My father is disabled and I have to go to the grocery store for him. A check bounced, he was informed and tried to recover the check, they said they could not find it. Months later I was arrested for the check. It was my father's, and he tried to get the check. We share the same name, I am the... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 6, 2022

You did not ask a question, but I guess you want to know what should be done about this, and perhaps you want to know if you may make a claim for money damages due to wrongful arrest. If the criminal case is still pending, you must focus on getting yourself cleared of the charge, which means you... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: I feel like I'm being discriminated against at my job how would I go about seeing if it is worth hiring a lawyer?

I have requested to either work at home or get a shift a change from my current job due to child care conflict and they claim there is nothing they can do for my shift change but they have done it for other employees.

Charles M.  Baron
Charles M. Baron
answered on Jan 3, 2022

The initial inquiry here is whether you believe you are being discriminated against (that is, being treated differently than others) based on race, color, national origin, religion, sex, sexual orientation, pregnancy, parental status, age, or disability. Is there a difference between you and the... View More

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3 Answers | Asked in Contracts, Personal Injury and Constitutional Law for Florida on
Q: Can HOA's create rules in their bylaws that circumvent state laws they operate within.

I live in Florida and the state law identifies what common areas are, but the HOA bylaws say the board has broad discretion with respect to what common areas are and the HOA has used this broad discretion to bill only certain homeowners for cost to maintain common area's deeded to the hoa.... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 3, 2022

The HOA must comply with local zoning ordinances - but, as Ms. Stage indicated, your inquiry is unclear as to the what zoning ordinances have to do with your issue. You may want to ask your local zoning office if there is an issue; otherwise, schedule a consultation with an attorney.

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2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: How much is a permanent scar and no pigment in a knee for my 17 year old worth?

Son was in a rollover accident in someone elses car. He had an avulsion wound to the knee. He has a permament scar on his knee, he will always have to protect from sun and it will never have feeling on it.

Charles M.  Baron
Charles M. Baron
answered on Jan 2, 2022

Under the law, there is no "set" value for any bodily injury, but based on statistical data, the industry considers certain dollar ranges to be reasonable for particular injury and medical treatment scenarios.

I agree with Mr. Maaswinkel but would add that, regardless of the...
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2 Answers | Asked in Car Accidents for Florida on
Q: Who is responsible for lost wallet in car accident?

I lost my wallet with $600 in it after a car accident. I left the wallet in my truck and when I went to retrieve it the next day from the tow truck company the wallet was gone. Is my insurance company responsible?

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

Yes, if you purchased comprehensive coverage (includes theft). Otherwise, you can make a claim to the garage's insurance company. And Mr. Thorgaard is correct that you need some type of proof, such as a bank statement showing a withdrawal of the cash.

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2 Answers | Asked in Real Estate Law and Civil Litigation for Florida on
Q: My brother bought from my co-owner his investment in the property, 30%. Now, in a partition lawsuit he's claiming 66%.

I offered my brother to pay off the loan to my ex-partner $74,000.00 for the part that he owned in the house (30%) so that one day he could receive the benefit of my investment of $ 150,000.00 in cash. My brother accepted the offer, a contract with a lifetime guarantee. At the closing of the... View More

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

Ms. Kim, in her answer, was on the right track but gave a link to a legal services agency in another part of the State. For the Miami area, contact Legal Services of Greater Miami - see: https://www.legalservicesmiami.org

or Dade Legal Aid Put Something Back - see...
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