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Questions Answered by Barry W. Kaufman
1 Answer | Asked in Estate Planning, Family Law and Probate for Florida on
Q: If a personal representative in Florida misappropriated funds/commits fraud against disabled beneficiary

We're removing PR and resending Letters of Administration due violations under 733.609. Beneficiaries are close blood related. One is permanently disabled. Is there a criminal code for defrauding - intentionally & knowingly, a disabled adult. Under 733.609 PR has violated every aspect of... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 1, 2024

The PR is required to be represented by an attorney if there is more than one beneficiary to a Will. Since there are more than one beneficiary, the PR is required to have an attorney. First, why have not mentioned what conversations you've had with the PR's attorney? Second, chapter 733... View More

3 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: My brother and his adult daughter were living in a 55 and over condo when he passed away. . Can she be evicted

The condo has no leans or mortgages, taxes are paid yearly, and condo fees paid monthly. She is his beneficiary

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 25, 2024

I am sorry for your loss.

Very possibly. Hopefully your brother had a Will or trust; if so either the PR or successor Trustee needs to move quickly. "55 and over" communities are not just advertising words; they are either deed restrictions or by-laws which the owner agrees to...
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1 Answer | Asked in Collections for Virginia on
Q: I have a credit card debt sold to midland credit management (MCM), set up payment arrangement, still seeking judgement.

As stated above, today I set up a payment arrangement with MCM and at the end I said I would still show up to the court date to ensure the case dismissed since we made this arrangement and they advised they would still seek judgement against me incase I defaulted so they could garnish me without... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 24, 2024

None. You are misapprehending what the payment plan does. There's no need to go to Court as long as the stipulation you executed is filed with the Court beforehand. The stipulation controls the lawsuit from here on out. As long as you stick to it, the litigation stops and when you complete the... View More

1 Answer | Asked in Animal / Dog Law and Collections for Idaho on
Q: Can a debt collector take my dog?

I have a phone call scheduled with a lawyer over a debt collection. He said he's going to ask me what property I own. Will they consider taking my dog?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 9, 2024

Legally, yes. A dog is property. As a realistic and practical matter, no. First, a dog has to be fed and sheltered. No creditor is going to take a dog only to have to care for it. Second, the purpose of taking property is to be able to sell it to pay some or all of the judgment. Your dog isn't... View More

1 Answer | Asked in Consumer Law, Contracts and Collections for Georgia on
Q: I was made aware of a civil judgment proceeding filed today for a debt that I believe is time barred.

Calvary Portfolio filed a judgment/motion to garnish my wages today, I found the debt collector and original creditor on a old credit report of mine (it is not showing on recent reports) and last date of any activity or update reported on my credit report was October 2016, I believe it fell off my... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 1, 2024

No. Calvary obtained a judgment. This is a garnishment, not a new lawsuit. The statute

of limitation on a judgment is generally anywhere from 10- 20 years, state dependent. While you may have legal defenses to the garnishment, statute of limitation issues probably is not one of them. See a lawyer.

1 Answer | Asked in Collections and Education Law for Virginia on
Q: What legal action can be taken if a university withholds a graduated student degree and transcripts due to their error?

The student received an email from the school student accounts and financial aid office the account was paid in full for the last semester before graduation. The student checked in with the registrar's office and student account office before graduation which confirmed the account was in good... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 23, 2024

Pay the balance. Get the transcripts. Sue the school for the money after the fact. Problem solved. Otherwise, you wrangle around in a legal pit and you still don't get the transcripts.

Or, get off the internet and retain an attorney to advocate to the school on your behalf. Sometimes...
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2 Answers | Asked in Landlord - Tenant for Florida on
Q: I have a person living in my home with me i no longer want here and they refuse to leave

They have no lease or rental agreement.

Pay no bills or rent

I am the owner on the deed, they have no legal claim to property

Had atleast 3 months to leave since asking them

What are my options?

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 19, 2024

1. Offer him cash money to leave and never return. Pay him when he is packed up and is about to put his car in Drive.

2. Hire an attorney to file an unlawful detainer complaint. There may be forms available at your county clerk's website (in fact, any form you find at any Florida...
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2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: I NEED ADVICE I LIVED IN A RESIDENCE W/ HOMEOWNER SINCE 2012 SADLY THE OWNER/ passed in feb I was served unlawful detain

I have lived/ here since 2012 with no lease& was not required to pay rent the homeowner was my mentor and just wanted to help me get on my feet, the homeowner passed February 8 of this year he did not have a will I believe it is still in probate the owners brother has not given written notice... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 17, 2024

There is no notice required in an unlawful detainer action. As soon as the homeowner passed away, you had no legal right to remain in the house. You've lived rent free for 4-5 months. Pack up your stuff and leave, because you have no apparent legal defenses based on your post.

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1 Answer | Asked in Traffic Tickets and Landlord - Tenant for Florida on
Q: Can an apartment community charge parking tickets, without it being stated in the lease?

I seek advice on a new parking policy in my Florida apartment community. Recently, a parking management company was hired, and they are issuing fines and towing vehicles for various reasons: residents parking in visitor spots, parking on the white line, not paying an online parking fee from 7 pm to... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 11, 2024

Your lease likely states that management can change some of terms without your consent. Basically, a lease agreement is your agreement to rent for an apartment and you agree to their rules when imposed. What they cannot do is raise the rent without notice of change the term of your lease; but... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have lived in a motel for last three years an my question is can the motel just kick me out for late rent
Barry W. Kaufman
Barry W. Kaufman
answered on Jun 9, 2024

Maybe. If you don't have the money now to pay your back rent, you can be forced to leave. You are not a tenant, and the motel operator is not the landlord. You can be locked out of your room until you pay. If you can't pay, you must leave.

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

Barry W. Kaufman
Barry W. Kaufman
answered on May 27, 2024

Yes, he can sue you. Whether he is successful is another matter. The membership was in your name, but it was renewed without your consent? You had the responsibility of canceling, else it would automatically renew.

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1 Answer | Asked in Collections for North Carolina on
Q: I received a summons about a credit card debt from a lawfirm that purchased the debt. What do I do next?

The summons was served to me on 4/19/24, the date issued on the summons is 4/12/24. It says I have 30 days to respond from date received. What should I do next?

Barry W. Kaufman
Barry W. Kaufman
answered on May 14, 2024

You have choices. You can do nothing whatsoever. You can call the law firm to try to arrange a payment plan or if possible, pay it in full. You can respond on your own to the summons. You can retain an attorney to respond or to negotiate a settlement or both; or consult with a bankruptcy attorney... View More

1 Answer | Asked in Employment Law and Collections on
Q: Boss ignored court order wage garnish. Now it's his debt. He fired me thinking it would be mine again. Can I sue him?

I have lost my car because I was fired & could make payments and ruined my new good credit. He thought if I didn't work there anymore that he wouldn't be responsible for the debt anymore so he fired me. He was wrong. That job was the only fit while I raise 2 kids in 2 schools in that... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 10, 2024

Wow. What a dirtbag your ex-boss is. Now his company has a judgment against it and the judgment is still good against you. I recommend you seek legal help to determine if you have a valid cause of action against your boss. This is a tricky situation that I'm sure very few attorneys have come... View More

1 Answer | Asked in Consumer Law and Collections for New Jersey on
Q: i live in new jersey but want to sue a company in san bruno, california. do i have to go to CA. to file?

In October 2023, I found $72.99 unauthorized charges on my bank statement. Bank advised cancelling the card. Later, discovered more unauthorized withdrawals from YouTubeTV, totaling $291.96. Despite bank's provisional credits, YouTubeTV didn’t refund, leaving negative balance. Months of... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 2, 2024

You can file in California, if the terms of service of YouTube TV allow you to sue at all. There may be a mandatory arbitration provision. You are not going to be able to recover for the things you mentioned. You can recover for the money that you are actually out - around what, $400?

2 Answers | Asked in Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: No Fruit Trees - HOA? Can anything be done to secure my rights

No Fruit Trees - HOA?

Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.

However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 21, 2024

Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More

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2 Answers | Asked in Collections and Tax Law for Michigan on
Q: A collection agency has court ordered my husband to hand in his tax returns for the last 2 years. They are joint returns

I don't want anybody to see my tax returns since it's a joint tax return do we have to show them?

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 20, 2024

A collection agency did no such thing. The creditor to whom your husband owes money obtained a court order requiring your husband to turn over tax records. Unfortunately for you, you have no say in the matter because these are joint tax returns. The creditor has every right to the records.

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1 Answer | Asked in Probate for Florida on
Q: I was left a home that was in a trust, the home was sold.

My friends will in Florida left me her home which was in her trust. The trustee decided that she should be in a assisted living facility so the home was sold and the proceeds invested in the trust accounts. The trustee says that I am not entitled to the proceeds of the sale of the home and that... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 18, 2024

Correct. You have no property rights to the house or to the proceeds of the sale. The Will becomes effective upon death. The trustee is free to dispose of the house to benefit the settler (your friend) during her/his lifetime.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: GOO AFTERNOON, WE RECEIVE A NOTICE TO TENANT OF TERMINATION FROM THE HOA LAWYERS. WE NEED TOSEE IF WE CAN GET MORE TIME.

TO FIND A NEW PLACE TO LIVE.

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 10, 2024

This is not how things work. There's no legal proceeding that would allow you more time. When the lease is terminated, that's the end and you must leave. If you remain, the HOA and/or the landlord can file an eviction complaint against you. The LAST thing you want is an eviction complaint... View More

2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

Apparently, you are a New York resident who has an open child support case in Michigan and appeared in a Michigan court. I assume the State of Michigan was the complaining party. Under the child support laws of all 50 states, as required by federal law, each state has a state agency to collect and... View More

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1 Answer | Asked in Civil Litigation for Florida on
Q: Can i claim an exemption and/or request a hearing after final default judgement in hillsborough county , florida
Barry W. Kaufman
Barry W. Kaufman
answered on Apr 3, 2024

No. A claim of exemption is part of the garnishment process. If you are not garnished, a claim of exemption is moot and will be not seen by the Court. There are ways to ask the Court to vacate the judgment or seek other relief, but I recommend that you retain an attorney to do so.

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