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After non-consented settlement, no further documents were signed.
answered on Oct 28, 2024
You reported your attorney for malpractice, so the attorney is probably going to keep the settlement money in trust until and unless the Florida Bar tells him to disburse it. He can't very well keep part of it for himself if he's not supposed to do so; on the other hand if what he did is... View More
answered on Oct 16, 2024
No.
Eviction is the legal process for a landlord to remove someone when there is an agreement for the person to pay rent to the LL. A landlord is required to serve notice on the tenant, the notice is very specific and must be served on the tenant in a specific way. You can look up chapter... View More
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
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
The condo has no leans or mortgages, taxes are paid yearly, and condo fees paid monthly. She is his beneficiary
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... View More
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
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
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?
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
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
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.
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
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... View More
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?
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... View More
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
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.
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
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
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.
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
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.
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?
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
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
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
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
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?
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
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
I don't want anybody to see my tax returns since it's a joint tax return do we have to show them?
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.
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
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.
TO FIND A NEW PLACE TO LIVE.
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
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