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Questions Answered by Barry W. Kaufman
2 Answers | Asked in Real Estate Law for Florida on
Q: Can I revoke a quit claim To some property while I am still alive
Barry W. Kaufman
Barry W. Kaufman
answered on Sep 26, 2022

No. A quit claim deed once executed, means that you have sold, for whatever price, the property to the other party, lock, stock, and barrel. A quit claim deed is not a gift, there's no revocation.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a apartment housing company withhold a package (muzzleloadig rifle, legal to ship to any home address). in florida

exact verbiage in housing agreement is as follows "Prohibitions. Firearms, weapons, explosives or illegal drugs of any kind are strictly prohibited anywhere on or about the

Property, including in individual apartments and bedroom spaces (except government-issued service weapons carried... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 26, 2022

You agreed to the firearms prohibition when you signed the Lease. Then, you had a weapon shipped to you. The fact that is legal to ship that item to any home address has nothing to do with the fact that the item is prohibited by contract anywhere on the premises, including your apartment.

2 Answers | Asked in Bankruptcy, Real Estate Law, Arbitration / Mediation Law and Collections for Georgia on
Q: My condo association and I are at odds over assessments, fees, and interest. For water and association expenses,

I declared bankruptcy in 2016. I received a ledger from Lazega & Johanson, a collection law firm, very away after receiving my bankruptcy discharge. It stated that I owed them an absurd sum in association dues, which included fees and interest.

I discovered after looking at the charges... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2022

You can perceive anything you like, but what you have is a basic dispute over money. You claim you are paid up, the association claims that you are not. If you can prove that you paid the assessments on time that the HOA claims you did not, that would be a pretty good defense to the foreclosure... Read more »

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1 Answer | Asked in Collections, Consumer Law, Education Law and Civil Litigation for Arizona on
Q: School says the made "mistake" after sending me an enrollment letter and sent my grants to collections. what can i do?

I got accepted into a university, weeks pass and I get my grant to buy books and supplies. a short amount of time before the semester starts they say they made an "error" and put me in an earned enrollment program and cancel my classes not allowing me to reenroll in the current semester... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2022

I'd advise you to do 2 things:

1. make an appointment with a lawyer who handles general civil matters, and take all of the documentation who have so the attorney can make a professional assessment of your situation. It may mean you calling around to everal lawyers and several...
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1 Answer | Asked in Real Estate Law for Florida on
Q: What is the percentage I am allowed to raise a tenants rent when renewing their lease?

It is a condo in a multi family rental

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2022

There's no law in Florida that regulates rent. You can raise the rent as much or as little as you desire.

1 Answer | Asked in Real Estate Law for Florida on
Q: In Fla how often is a landlord required to paint my inside and outside of the house?

I've been here for 5 years and he has never asked if I needed or wanted a paint job on the inside. I pay a lot of money to live here and would like it done. Is it legal to make me pay the first 250 for a repair?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

Unless the lease obligates him to paint the house, he is never required by law to paint it. Did you agree in your lease tompay the first $250? If so, end of story.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can I change my mind even though I accepted the investors offer to buy my house
Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

Not without significant legal consequences.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: FL apartment lease states tenant responsible for pest control contradicting Title VI 83.50 Can landlord deny lease to me

based solely on me refusing to be responsible for pest control pursuant to above statue? ( sorry that’s Title VI 83.51)

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

Probably. If he can't follow that statute, he's probably not following others. you don't want to rent from a guy like that. Go someplace else.

1 Answer | Asked in Civil Litigation and Collections for Georgia on
Q: How do I write a letter to the judge to asking for my case to be dismissed they have named the wrong person in the suit.

Also I never knew about the account that I am being sued for never signed a contract or a summons. someone else signed the summons for me and didn't tell me about it.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

You don't. You make a motion to dismiss the case, stating your reasons. You file the original with the clerk of the court and send a copy to the plaintiff or its attorney. As to the summons - if the summons was delivered to a person authorized by law to accept it at your residence (as an... Read more »

2 Answers | Asked in Bankruptcy, Banking and Collections for West Virginia on
Q: What do I do if the lawyer office garnishing my bank won’t respond?

So basically I owe a psych ward a ton of money. I was sued for it. And now they are garnishing my entire bank account. I have been trying to get ahold of the lawyer company to hopefully negotiate to stop the garnishment but they won’t return my calls and their automated emails just tell me to... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 20, 2022

I dont know about his law firm, but if I had a garnishment in place I wouldn't negotiate with you. Why would I? The lawyer's client is the creditor, not you. You can always retain an attorney to make certain that the plaintiff's attorney has followed the garnishment statute.

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3 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: If suing a LLC business, and the principal address and mailing address are different, which address should be served?

The business I am suing is an LLC and is also franchised. This will be a small claims case in the state of Florida. For the business I am suing, there is a principal address listed, a mailing address listed and also a registered agent name and address listed. Which of these addresses should receive... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 20, 2022

Physical address. Tell your process server all 3 addresses. Their job is to get it served.

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1 Answer | Asked in Collections for Virginia on
Q: My father passed away he owes land tax now the county gonna take to court what do I do?

He left me his property and I have a will county transfered it to a lawyer and is threatening to sale property

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 18, 2022

Probably pay the land tax.

2 Answers | Asked in Bankruptcy and Collections for Maryland on
Q: I have a wage garnishment for a credit card. The company hasn’t sent me any statements. Can I take them back to court?

I haven’t received any statement showing where the garnishment is going.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 15, 2022

Statements stopped when the account charged off. The garnishments are applied to the judgment; the law firm handling the garnishment keeps the balance and will give you a balance on occasion. They will not send you a monthly statement.

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1 Answer | Asked in Collections for Minnesota on
Q: I had a conference call today with the courts for a cilvil matter. The plaintiff did not show up for the call.

I am curious as to what happens now.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 13, 2022

It depends. First, this was not a conference call. A conference call is between clients and vendors, partners, etc. This was a court hearing of some kind. It may have been a motion hearing, a status conference, a case management conference, a final hearing, etc. (details matter)

Second, you...
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1 Answer | Asked in Contracts and Collections for Virginia on
Q: I am being sued for money a company said I owed from 2014. I received letter from their lawyer. What should I do?

I owned an LLC that sold flooring for a company from 2011 thru 2014. I told the owner I was starting another LLC and would not be working for them full time, but I would still help them. The owner was very rude and threatened to sue me for jobs they installed for me. I could not afford a lawsuit so... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 11, 2022

Well, did you get a letter or were you served a complaint? There's a big difference; if it's just a letter then you haven't been sued. In anybevent, hire a lawyer. Defending a lawsuit isn't as easy as saying "I don't owe him any money".

1 Answer | Asked in Consumer Law, Contracts, Antitrust and Collections on
Q: Hello, I have had Scrubbi cleaners in my house for a while now. The girls that do the cleaning don’t have a clue.

They don’t show up on time, they are to clean for 2 and a half hours. You are lucky if they are there 2 hours. I had one girl there for 45 minutes. We have a doorbell that times people when they are coming and going which is on our cell phones.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 10, 2022

You didn't ask a question. Sounds like a customer service issue.

1 Answer | Asked in Collections for Pennsylvania on
Q: Can I be sued because my payments aren’t high enough for the collection agent?

I have been making monthly payments since June of 2020. Never missed a payment. Now they are suing me because my payments aren’t high enough. They said I have to agree to an amount I can’t afford or take my chances in court and hung up on me.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 9, 2022

Yes. You can't just send a payment amount that you can afford without an agreement that your payments are acceptable. Suppose your debt is $10,000.00 and you are making monthly payments of $20.00 without an agreement that the at $20.00 is acceptable.

2 Answers | Asked in Civil Litigation for Florida on
Q: Q: A judge granted me in small claims court. The Plaintiff; was a no show at the day of the hiring,

However on the same day; at 4pm a lawyer file a document showing the Plaintiff file from Bankrupt. The court send me a letter telling me that the case still open. They asking me to respond in 30 days , or they will be dismissed the case. Please help, dealing with that for almost a year . Thank you

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 9, 2022

Sounds like 2 things crossed in the mail. If the plaintff filed bankruptcy, meaning there is a case number from the bankruptcy court, the case in civil court cannot proceed.

Even if the plaintiff did not file bankruptcy, you want the case dismissed because you are the defendant.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: It’s been 5 days that our house that we are renting (going on our second month) that the AC has not been working?

We have 4 children ages 5, 3, 1 and four months old. The house at minimum is 84 degrees and my babies have been sweating and lethargic. We had to still pay rent and also pay to stay in a hotel. The landlord still has not had the AC fixed or offered reimbursement. We need help to break lease and... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 5, 2022

Unless your lease requires the landlord furnish A/C, he doesn't have any legal obligation to do so.

You have some options:

1. Secure his written permission for you to reduce your next month's rent by the amount of the repairman's bill. If he agrees in writing, pay for...
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I break my lease early due to mold?

I'm a tenant living in an apartment complex in Florida, I wish to break my lease early (It ends in December 2022) due to black mold in and around the air vents. I've made several calls to the complex starting in mid July and nothing has been done about it other than a 30 second visit at... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 4, 2022

Just seeing "black mold" around the air vents is not enough to terminate your lease without penalty. To break your lease, you'd have to, as a minimum, have a state certified mold inspector inspect and find that the mold that's there is toxic. There are molds that are not toxic,... Read more »

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