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Questions Answered by Barry W. Kaufman
1 Answer | Asked in Collections for Illinois on
Q: What to do when a student loan provider demands money?

Dropped out of college 2 years ago due to mental health issues, struggled with jobs and finally have one now but i do not make enough. My student loan provider demands payments but i can’t make their almost $1000 monthly payments when i barely make $300-$400 weekly.. even when i get paid weekly i... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 9, 2023

You took out the loans, now it's time to pay up. The lender is not interested in your personal problems, nor does it have any idea about your relationship with your parents; the suggestion to borrow money was a suggestion, nothing more. There's no need or purpose to you becoming offended.... View More

2 Answers | Asked in Criminal Law and Municipal Law for Florida on
Q: If I entered a gated community in Florida with no trespassing signs but didn’t enter anyone’s property is that trespass

If I entered a gated community, in Florida that has no trespassing signs, but did not enter anyone’s private property only hanged out on the communities playground and did not leave when asked by a homeowner is that considered trespassing?

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 4, 2023

Yes. When there is a no trespassing sign at the front of the gated community, the entire community is a no trespassing area. You have absolutely no legal right whatsoever to enter the gated community. None. Don't go back, because you could (and should) be arrested for trespassing.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have a month to month tenant who is late paying. I gave notice of rent default letter stating to pay in 7 days or will

take further action. Date has passed for tenant to pay up. Do I now have to give tenant a 15 day notice to end month to month tenancy? I am located in palm beach county.

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

Cease work. You have no real idea what you are doing, and you are liable to make an error which will cost you.

You don't send a 7 day notice when the tenant refuses to pay, you send a 3 day letter, properly delivered and which conforms to the statute.

Many counties, Palm Beach...
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1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: I filed the small claims suit never received an answer by mail. I found out 2 to 3 weeks later that the judge made a

decision was not what I had asked for. I filed a motion for a new hearing was denied. I found this out 20 days later because I went online received nothing by mail. What can I do to get a new hearing?

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

You asked for a rehearing and the Court denied it. That's the end of you getting a new hearing. It may be possible to appeal the ruling, but you'd need an attorney who practices appellate law to review the case and the timelines for filing a notice of appeal are very tight.

2 Answers | Asked in Cannabis & Marijuana Law and Real Estate Law for Florida on
Q: The HOA send me a notice that a neighbor is complaining there is cannabis smell from my balcony. I dont even smoke. Help

What can I respond to this letter?

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

here's a sample of what you should say.

Dear HOA,

I received your letter of DATE, in which you state another resident has complained about marijuana smoke from my balcony. I do not smoke marijuana or tobacco, or anything else. The alleged cannabis smell is not coming from my...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: Can a officer come on private property and demand your ID if they wasn't called

Was durning an eviction, but landlord had agreed to given us more time to move the day before , in front of another officer.

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

"It was during an eviction" - this means that the sheriff was there to execute the writ of possession. What happened the day before is anyone's guess, but once the writ of possession is posted, the sheriff is going to come out on their schedule. The answer to your question is yes -... View More

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can a notice of eviction be filed on the third day of a three-day notice or after the third day of a three-day notice

For example, if you received a three-day notice on a Tuesday, then the third day of the three-day notice would be Friday. So, can your landlord file for a notice of eviction on Friday, or must they file for eviction after Friday.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 19, 2022

The day you are served the 3 day notice is day zero. Saturdays, Sundays, and holidays are not counted. So lets say the LL posts the eviction notice on Thursday. Day 1 is Friday. Day 2 is Monday. Day 3 is Tuesday. If you have not vacated the space or paid the rent by close of business on Tuesday,... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can someone not on the lease evict you in Florida? Or does it have to be the landlord?
Barry W. Kaufman
Barry W. Kaufman
answered on Dec 12, 2022

Eviction is a legal term; it is often used as a catch-all phrase. For an eviction, there must be a landlord-tenant relationship. If there is not that legal relationship, there cannot be an eviction. There are other ways to legally remove someone from the premises, but generally these actions are... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: My question is regarding changing name on deed - heirs do not want the home
Barry W. Kaufman
Barry W. Kaufman
answered on Dec 8, 2022

You don't simply change names on a deed. The owners named on the present deed must convey the property to someone else, either by sale or quit-claim. The owners of the property should consult a local Maryland real estate attorney for actionable advice.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord charge me for future rent if I break my lease?

My landlord went up on my rent and planning to raise it again in February, so I've been looking for another place.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 7, 2022

You cannot be held liable for an amount of rent that you did not agree to pay. In other words, you can only be held liable for rent that is required by your present lease.

I recommend that you thoroughly review your present lease and furnish the landlord any notice that might be required of...
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2 Answers | Asked in Civil Litigation and Gov & Administrative Law for Florida on
Q: Orange County negligently mishandled my identity which has irreparably damaged my life and career

I'm tired of hearing people say, after I explained what happened to me, OMG you need an attorney. Can an individual sue the county?

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 6, 2022

In theory, yes but government bodies may be immune from suit under a doctrine called sovreign immunity. Nobody online can give you the level or quality of advice you'd need to be able to act on your own; only an attorney whom you retain to resolve the issue can do that.

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2 Answers | Asked in Civil Litigation, Collections and Real Estate Law for Florida on
Q: Can a creditor of mine put a lien on a house that my wife and I own together? It’s our primary residence.

I am thinking about filling bankruptcy, but I have previously filed (July of 2015). So if I do decide that I need to I have seven months to wait.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 3, 2022

Yes, a creditor of yours can record a judgment that becomes a lien. What it cannot do is foreclose on the lien. Should you file and your bankruptcy is discharged, this judgment will be discharged and the lien evaporates as a matter of law.

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2 Answers | Asked in Real Estate Law and Banking for Florida on
Q: Is a bank allowed to foreclose on property that was gifted to someone in a will?
Barry W. Kaufman
Barry W. Kaufman
answered on Dec 1, 2022

Suppose these are the facts: Joe owns a house and has a mortgage on it. He devises the house to Sam, his friend, in his Will. Joe dies, Sam takes possession of the house. The mortgage is not paid. The bank can absolutely foreclose on the house but cannot hold Sam personally responsible for the debt.

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1 Answer | Asked in Collections for Alabama on
Q: can a private student loan company take legal action if you are not paying minimum payment

account is delinquent and cannot pay the minimum so I am paying below minimum amount.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 30, 2022

Yes. A minimum payment means that's the least amount you are expected to pay so that legal consequences do not befall you. Otherwise, debtors could pay whatever they liked each month - a penny? a dollar? - on a loan of any amount and the creditor would be helpless to enforce the loan. The... View More

4 Answers | Asked in Real Estate Law for Florida on
Q: I am about to buy a home using the VA. After I close I would like to do a quitclaim to add my fiance. Is there anything

that prevents me from doing this?

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 29, 2022

You should read and thoroughly understand your financing documents. But let's assume that there's nothing in the financing documents that prohibits you from adding her. Adding someone to a deed or the title to a car, to whom you are not married might be one of the poorest decisions anyone... View More

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1 Answer | Asked in Divorce, Family Law, Real Estate Law and Landlord - Tenant for Florida on
Q: divorced couple property in TIC/JTWROS can 1 person tell the other who can live there or not

divorce states husband to pay mortgage and the home is wife's primary residence ex husband is now demanding wife and sister in law to pay portion of mortgage and if not they both need to leave.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 29, 2022

Without reading the divorce decree, it's difficult to say but in general, if the Court granted the Wife the exclusive use of the house and ordered the husband to pay the mortgage, then he has no standing to demand that anyone do anything. It may not be a bad idea for the Wife to engage the... View More

2 Answers | Asked in Probate, Divorce and Family Law for Florida on
Q: What papers do I file for alimony in Florida with the case in Massachusetts. ?

My ex husband owes me court ordered alimony has not paid me in almost 4 yrs he moved to Florida a yr ago built a million dollar home . I have served him a few time never showed up for court the judge has him in contempt here in Massachusetts. I don’t know what I need to do to start a Florida case... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 28, 2022

You must have the Massachusetts alimony order recorded in Florida. Once recorded, a Florida court can enforce the order. My advice is to retain an attorney in the county or near the county in which he resides.

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1 Answer | Asked in Employment Law, Business Law, Car Accidents and Collections for Pennsylvania on
Q: Can independent contractor bill a person for lost wages

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Barry W. Kaufman
Barry W. Kaufman
answered on Nov 21, 2022

You would have to see a lawyer to determine whether you can sue the other party for lost wages. Employment laws vary from state to state. I think you'd have a tough time proving that you lost income as an independent contractor. W2 employee income is known and predictable, but yours isn't... View More

1 Answer | Asked in Consumer Law and Collections for Oklahoma on
Q: Why is the Pushmataha Court allowing a debt collector to sue me for a debt over 7 years old with no further contact?

Last contact with debtor was a letter dated 2015 asking for debt forgiveness.

I've responded to the Motion for judgement and motioned for case dismissal, with copy of letter to creditor with Affidavit. Motion to dismiss was that the debt is 7 yrs old and well passed the statute of... View More

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

Your veteran status has no bearing on anything. A motion to dismiss is inappropriate as a response to a motion for judgment. If you did not answer the allegations of the complaint, the plaintiff obtained a default. If you did, your answer may not have raised, in the eyes of the plaintiff, any... View More

2 Answers | Asked in Real Estate Law and Estate Planning for Florida on
Q: Can a Quit Claim Deed be filed on a home that is still under Mortgage with Lender?

My parents bought a second home which I currently live in, and pay the monthly mortgage on. The loan is entirely in their names and the home is, of course, collateral for the loan. I'm not currently in a position to remortgage the loan in my name. My parents want to complete a Quit Claim... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 14, 2022

You are smart to ask the question (although your parents should). Nobody, in my opinion, should quit claim anything to anyone for any reason without the advice of an attorney. The consequences of doing so, without due consideration of them, can be a nightmare once those consequences occur. There... View More

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