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Questions Answered by Angelo "Tony" Marino Jr.
1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: I sustained an injury at my previous job five years ago, and workers' compensation covered the foot surgery. I was out

I sustained an injury at my previous job five years ago, and workers' compensation covered the foot surgery. I was out of work for 10 months, but now, six months after separating from the company, I have a significant lump where the surgery was performed, and the pain has returned. Since I no... View More

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Apr 15, 2024

The answer depends on a lot of factors. There are too many to list here. There is a 2-year statute of limitations to file a workers' compensation claim. Therefore, it is important to determine if your claim is still viable after 5 years. You need to determine if your case is still open or... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Municipal Law for Florida on
Q: if a defendant did not answer a specific interrogatory - who do I make them answer.
Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Apr 15, 2024

In Florida, you must first reach out to the defendant and try to resolve the matter; that is get him/her to agree to supply a better answer. If that does not work, then you need to do a motion to compel better answer(s) and send that along with a notice of hearing set before your judge. I suggest... View More

1 Answer | Asked in Consumer Law, Small Claims and Contracts for Florida on
Q: Around 2 weeks ago I loaned a "friend" 200$. We both signed a note stating the amount loaned the date to be paid and a

Sentance stating if not repaid he has to surrender his vehicle keys to me.

The money has not been repaid. He will not answer text/calls.

How can I enforce the part of his keys being surrendered to me.

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Apr 8, 2024

You would need to sue your "friend" in small claims court for breach of contract and specific performance of the agreement. It will cost you about $100 to file and serve your friend, but if you win the case the cost will be part of the judgment against him. I suggest you go to the small... View More

2 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: Navient student loan server/ lender consolidated all my loans including one from 1987.. then in 2022 all loans were

Discharged except for the one from 1987 they took it out of consolidation and I believe I was in deferment when they did this in 6/2016.. and sent old loan to trellis student loan collector..Without ! My notice .. trellis then garnished my wages without notifying.me I received no paperwork about... View More

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Mar 25, 2024

As previously stated, to garnish your bank accounts, a judgment had to be entered against you. Go to the website of the clerk of court of the county where you reside and type in your name. You should see a case with your name. Go to see if there is a return of service and see who was served with... View More

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1 Answer | Asked in Consumer Law for Florida on
Q: Purchased a car from dealer with clean AutoCheck, 2 days later saw there was accident damage. Can I return the car?

I informed the dealership about the accident damage and they refused to pay to repair it. So USAA cancelled the loan check. After which, now they are offering to fix the damage, but I no longer want that vehicle. The GM is refusing to allow me to return the car and trying to force to buy another... View More

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Mar 18, 2024

I have handled many cases like this. This may be a classic case of auto fraud. Many dealers obtain an AutoCheck shortly after they purchase a car from an auction or customer with the hope that it does not show auto damage. However, they always inspect the vehicle and know of the damage. I... View More

2 Answers | Asked in Consumer Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: gettting retainer refund

hired a firm but after thye missedd 2 conferences and me hjaing to ask over and over about status i hear nothing ican assume no work has been done how cani get my funds back ?

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Mar 13, 2024

I assume you are talking about a law firm. You can discharge a law firm at any time. However, the firm is entitled to a fee for what they have done. Depending on your agreement, it may be based on an hourly agreement or a contingency agreement. For example, if your agreement is hourly, and the... View More

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1 Answer | Asked in Consumer Law, Banking, Divorce and Family Law for Florida on
Q: I had a settlement claim the bank let me deposit it and said it was ok then refused to give it back to me

It was supposed to be made out too separate checks me and the child support division but instead made one check co payable to both i deposited it after asking about it the teller said no problem and they released 200 to me and said it would be released the next day instead they froze my account and... View More

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Jan 20, 2024

Based on your narrative, it is difficult to know exactly what happened and what the check was for. This money seems to come from some domestic matter in Oregon. I suggest you talk to your divorce lawyer or see one to determine what the law is when a check is sent for apparently child support and... View More

1 Answer | Asked in Contracts and Consumer Law for Florida on
Q: I signed a contract for an rv but then some weeks later got a letter saying the loan was not approved At that moment of

I signed a contract for an rv but then some weeks later got a letter saying the loan was not approved At that moment of signing contract i also sold them my car that has a payment still needed. They did not give me any paperwork that i signed with them one being power of attorney

They are... View More

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Oct 25, 2023

The devil is in the details. A lawyer will need to look at the agreement you signed. This sounds like a yo-yo sale, which means they sold you the vehicle and now want to renegotiate the loan. This is an unfair and deceptive trade practice. Very, very seldom is a dealer willing to let a vehicle... View More

2 Answers | Asked in Tax Law, Consumer Law, Contracts and Real Estate Law for Florida on
Q: does the court notify parties if there is a motion to dismiss and give an opportunity for a hearing or does an answer to

a motion to dismiss need to be filed with the court first? thank you

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Oct 24, 2023

The party filing the motion to dismiss must send all parties the motion to dismiss and the notice of hearing. This is usually done on the court's e-portal. Make sure you have signed up with the court's e-portal. If you are not on the e-portal, the other party should send it by mail to you.

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1 Answer | Asked in Consumer Law, Real Estate Law, Tax Law and Municipal Law for Florida on
Q: if a defendant asks for the complaint to be dismissed at the beginning of the answers and setting their defenses is ther

anything that has to be answered to their defenses or proven or do we just move forward to discovery and setting a court date?

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Oct 23, 2023

I am not exactly sure what you are asking. I am assuming that a defendant has moved to dismiss a complaint, but I do not know if the motion was granted. A hearing on the motion to dismiss is heard before a judge. One can respond to the motion to dismiss in writing or just orally at the hearing.... View More

2 Answers | Asked in Consumer Law and Collections for Florida on
Q: Next steps after receiving zombie debt notice

I live in Florida, and received a debt validation notice trying to collect on an alleged debt with a Florida based credit union (presumably alleged credit card debt), saying the "debt is now owned by [collection agency's name]". Notice states their info shows a balance dated April... View More

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Oct 22, 2023

The statute of limitations for written contracts is 5 years in Florida. However, most agreements state in which what state the laws apply to the agreement. Having said that, I am not aware of any state where the statute of limitations exceeds 10 years.

I would send a cease-and-desist...
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2 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Pool builder is asking that we pay for permit to be extended. Purchase agreement states permits & NOC included.

The permit was originally issued 8-13-21 and expired 10-19-2023. The pool contractor contacted me 10-19-2023 asking for the renewal fees to be paid quickly because fees will double 10-24-23. They are blaming us because we had asked that the equipment installation scheduled 6-27-23 to be pushed... View More

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Oct 20, 2023

The question you have to ask yourself is do you want to stand on the contract and possibly have your pool delayed more or do you want to get it completed. It seems that more than 2 years to complete the work is a long time. I do not know what the normal time is in Ft Lauderdale to complete a... View More

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2 Answers | Asked in Consumer Law, Civil Litigation and Car Accidents for Florida on
Q: My wife crashed our car in September 2022, my insurance paid around 24K to a local bodyshop but my car it's not fixed

I already did a police report around 3 weeks ago but nothing has changed, this September 22 will be a year that I am making my car and insurance payments and my main concern is that it is a lease car I have 1 year left and I don't have a car, the repair bodyshop took the money and never fixed my car

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Oct 13, 2023

If your car insurance paid any of the damage to your car, you should contact them and explain to them that your car was not repaired and you want them to contact the body/repair shop to complete the repairs. If that does not work, then I would contact a consumer lawyer in your area. You can go to... View More

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1 Answer | Asked in Consumer Law for Florida on
Q: I’m currently being subject to a yoyo car deal I left with the car 15 days ago

I left with the car 15 days ago they called on the 11th day and said the deal didn’t go threw because I missed signatures when signing so I went and then was told the bank declined the deal and they would keep trying and now the are trying to still work a deal but when I left that day I believed... View More

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Apr 15, 2024

The devil is in the detail. Yes, this is a YO-YO fraud claim, most likely. But look at your paperwork to see what it says about financing. I suggest you consult with a consumer lawyer.

2 Answers | Asked in Workers' Compensation and Employment Law for Florida on
Q: Pay billable after resignation that were billed months prior

I am resigning from a law firm in Florida that I have required billables (workers comp), but payment from those billable hours can take up to 3 months sometimes. Am I entitled to everything I billed for before my resignation. My firm only wants to pay what ever comes in up to my last day and... View More

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Mar 26, 2024

This is a contractual issue. What was the agreement? If nothing is in writing to clarify, I would claim fees for your work.

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1 Answer | Asked in Consumer Law and Civil Litigation for Florida on
Q: Can I sue a website/app if they don't uphold their own policies?

There's a website/app that deals in auctions. Their most popular auctions are for Trading Card Breaks, which is gambling. In most of these auctions, it works by winning a bid and then getting a sports team randomly selected for you. When all teams are picked for a given sport, they begin to... View More

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Feb 20, 2024

Before I attempt to answer the question, can you provide the website.?

3 Answers | Asked in Consumer Law, Real Estate Law and Tax Law for Florida on
Q: can someone ask for federal tax returns in interogatories in a residential florida property tax case where i am trying

to reduce my just property value? if so how do i object? thank you

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Feb 6, 2024

I agree with the answers given, but add that interrogatories are not the method of obtaining documents. Interrogatories can only ask you to answer questions, not produce documents. A request to produce is the vehicle to obtain documents. I would object on that basis, as well as what has... View More

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1 Answer | Asked in Consumer Law for Florida on
Q: I’m currently working on my credit. I’ve always paid cash for everything. I have a low score. Continues below

Im in debt a little over $14,000. This includes my vehicle which I still owe $8000.00 which I make monthly payments. Do I qualify for bankruptcy. What is my best avenue to correct my credit??

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Feb 1, 2024

I am not a Bankruptcy lawyer, but Bankruptcy will destroy your credit for at least 6 years. You will lose all credit cards and the ability to get credit and buy on credit. Find a way to pay off your bills.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Civil Litigation for Florida on
Q: Q: falsely arrested for GTA in U-Haul rented in my name. Person b4 me didn’t return they reported stolen nvr noti police

Q: falsely arrested for GTA in U-Haul rented in my name. Person b4 me didn’t return they reported stolen nvr noti police

Less than a year ago I was pulled over and arrested for being in possession of a stolen vehicle. I had rented a U-Haul that apparently the people before me never... View More

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Jan 5, 2024

Assuming everything you reported is accurate, you would have a claim against U-Haul, if not others. You need to contact an attorney to handle this.

1 Answer | Asked in Consumer Law for Florida on
Q: WESTLAKE FINANCIAL IS DISCONTINING MY LOAN DUE TO A FIRST PAYMENT THAT WAS LATE BY 15 DAYS. I NEVER SIGNED ANY DOCUMENTS

OR WAS TOLD ABOUT THIS. IT WAS OVERSIGHT AND NOW DEALERSHIP WANTS TO TAKE CAR BACK AFTER ALL THIS . I AM IN FLORIDA BUT CONTRACT IS IN GA. I ALSO PUT DOWN 3K

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Jan 4, 2024

It is a typical Westlake buyback. The dealer's recourse agreement lets Westlake send back a deal if there is a consumer default in the first 90 days.

The dealer is now the secured creditor, and they have to comply with Article 9 (assuming the car was titled in the consumer's name).

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