Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Barry W. Kaufman
2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Is it legal in Florida for me to rent out a property for vacation rentals if I'm renting it annually or renting to own?
Barry W. Kaufman
Barry W. Kaufman
answered on Apr 15, 2024

Your lease is controlling. There's no law that addresses your specific issue.

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: do I need a lien or deed of trust form to file for collateral to give a personal loan to a friend in marion county FL?
Barry W. Kaufman
Barry W. Kaufman
answered on Apr 11, 2024

Do you need one? No. Should you have an attorney prepare a loan document? Yes, if the amount is worth it.

Remember the cardinal rule about loaning people money: **Never loan to anyone money that you cannot afford to lose**.

1 Answer | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: What can you do when the judge lies to you and your court appointed attorney does nothing

I had an attorney that was going to handle my case pro Bono and the judge said that they could not do it because I was not a resident of the state of Michigan but how can that be true if I am in court in that state my lawyer would have to be licensed in that state

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

You can be hauled into court in Michigan even if you are not a Michigan resident. If you are not a resident, according to the judge, you are not eligible to have a court appointed attorney.

3 Answers | Asked in Personal Injury, Collections, Juvenile Law and Education Law for Florida on
Q: Hi, Who is responsible for my 14 child's medical bills (No Insurance)when he was bit by a rattlesnake inside his school.

I did not have insurance at the time due to a lapse during a job change. I am being sued for $40k in medical bills but I believe the school should be responsible.

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

As between you and the medical providers, you are responsible. The school.district might be liable to you, but the medical providers have no action against the school district. See an attorney.

View More Answers

1 Answer | Asked in Consumer Law, Personal Injury, Real Estate Law and Elder Law for Florida on
Q: Checked into a hotel after major surgery on my foot and now I'm being told I have to move rooms every 21 days

I moved into this hotel after major surgery on my foot because of medications that I was going to be on and didn't think it was safe for me to be alone at home I ended up staying here because I lost my apartment and so now they're making me move every 21 days and I have pins and screws in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 28, 2024

A hotel is not a rehabilitative facility. Nobody knows what this lease says; you need to take it to a lawyer.

2 Answers | Asked in Business Law, Landlord - Tenant and Real Estate Law for Florida on
Q: Considering owner financing “chattel” a mobile home in a park with lot rent (thus no land). Location Flagler County, FL.

Considering owner financing “chattel” a mobile home in a community park with lot rent (thus no land). Location Flagler County Florida.

How do I draw up a contract that keeps parties fairly protected? Likely buyer needs title to insure, get tag/taxes (like a car DMV) and community park.... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 26, 2024

There was a song in the 60s or early 70s, where the memorable line is "everybody plays the fool, sometimes.."

When dealing with contracts and the sale of real estate, including mobile homes, don't play the fool. HIRE AN ATTORNEY to draft the contract. Don't do it...
View More

View More Answers

1 Answer | Asked in Civil Litigation and Libel & Slander for Florida on
Q: My defendant sent her lawyer to court. I didn't have a chance to ask her any questions. Is the right?
Barry W. Kaufman
Barry W. Kaufman
answered on Mar 25, 2024

Was this a trial? Evidentiary hearing? Non evidentiary hearing? These things matter.

2 Answers | Asked in Civil Litigation for Florida on
Q: My in-laws paid cash for my vehicle we agreed that I would make monthly payments to them each month till it was paid off

It was a verbal agreement I have receipts showing I paid them an the insurance states that my father in law an I were the owners but they got mad an took it what can I do about this matter

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

Title determines ownership. Not insurance. See an attorney to determine your course of action under Louisiana law.

View More Answers

1 Answer | Asked in Personal Injury and Civil Litigation for Florida on
Q: I replied to claim in a civil case with answer & affirmativedefenses to deny all claims. Opposing council wants to talk

The opposing council has not replied to my answer and affirmative defense yet and has not filed any pre-trial motions to the court either. I believe they have 20 days to reply to my affirmative defenses with a reply. However the council is requesting a phone call separately via email to discuss my... View More

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

How many times are.you going to.ask basically the same question? The answer is no, he doesn't have to do any of those things and you are not required to.talk to him.

4 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: civil case, filed answer & affirmative defenses. Plaintiff lawyer says I must speak to him before it’s heard is that tru

I have limited English speaking ability. Plaintiffs lawyer knows this and emailed me saying I must have a phone call with him to discuss my affirmative defense outside of court proceedings before the judge will hear my affirmative defenses. I do not see anything online where this is appropriate or... View More

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

It's is very possible that the attorney intends to file a motion striking one or more of your affirmative defenses. Local rules require that an effort be made to resolve the matter before filing a motion. You are not required to talk to him, but he is required to make the effort to resolve the... View More

View More Answers

1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: Can a quick claim deed include assessment to new to owner and move out time in Quick Claim Deed to the stepkids

The moving of the owner is in a living revocable trust that stepkids get condo if owner moves. The quit claim will need the assessment that will be due for a new roof on the condo added to stepkids and a 6-week move out allowed by the owner of property added to get 20yrs of stuff moved to another... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 13, 2024

No. This is not possible in a deed of any kind. This sounds like everyone involved is trying to avoid using lawyers, which means that nobody knows what they are doing. It all seems so simple, but it isn't. I recommend that all person who wants to deed his or her property to someone else, hire... View More

3 Answers | Asked in Probate for Florida on
Q: If a spouse dies and they have credit card debt, who is responsible for paying if only the spouse is on the card?
Barry W. Kaufman
Barry W. Kaufman
answered on Feb 10, 2024

The decedent's estate is responsible. Whether there are any assets in the decedent's estate makes the question somewhat academic.

View More Answers

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

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 5, 2024

Can they ask for the returns? Sure. They can ask for anything they want. And you can object on the basis that what they seek is not calculated to lead to admissible evidence. Under that standard, they may have a legitimate reason for your tax returns. If the other party is represented by a lawyer,... View More

View More Answers

2 Answers | Asked in Contracts, Real Estate Law, Tax Law, Municipal Law and Civil Litigation for Florida on
Q: how many days do i have to answer a motion to compel discovery or any other motions? is there a statute or rule?

in florida collier county civil?

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 4, 2024

There is no requirement that you file a written response to a motion. The Court will hear your response to it at the hearing. Even though you don't need to file an objection, nothing prevents you from doing so. Also, drafting out your objection will help you determine whether you have a valid... View More

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Lived here for 2 years name isnt on lease they gave me 2 weeks to move do I have to leave in 2 weeks

Lakeland flordia

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 29, 2024

Are you paying rent, or is there an agreement for you to pay rent (makes a huge difference). If you are not on thr lease and you have no agreement to.pay rent, you need to.leave. end of story

1 Answer | Asked in Collections for Kansas on
Q: Is a debt collector required to convey a settlement offer from the debtor to the creditor?
Barry W. Kaufman
Barry W. Kaufman
answered on Jan 20, 2024

Not necessarily. The creditor can tell the debt collector something like "don't bother me with offers of less than 50%" or "regardless of what the debtor offers, don't bother transmitting offers if the debtor cannot pay in one payment".

1 Answer | Asked in Collections, Consumer Law and Contracts for Louisiana on
Q: I am helping someone in dealing with a debt collection suit. How to be successful with dismissal in their favor?

The Credit Card debt is for roughly 9K. It appears the last payment (per credit report) was April 2022 thus we are aware SOL expiration would not apply. We are looking to challenge the debt buyer’s burden of proof as it relates to legitimacy in rightful ownership of this debt in addition to... View More

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

You are asking an online attorney to give you legal advice for someone else's benefit. That's the unauthorized practice of law, were someone on here to do that. I recommend that your friend retain an attorney.

2 Answers | Asked in Collections, Insurance Bad Faith, Car Accidents and Small Claims for Wisconsin on
Q: Insurance fraudulent filings & collection = eternal servitude?

In 2016 I gave my child a vehicle. They were instructed to register it and get insurance. They did neither. Instead they were rear-ended, causing them to rear-end another while at a dead stop. In 2017 my child and myself were sued. 3 months later the suit was dropped, I assumed because my child... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 13, 2024

You are on the hook. Whatever you are paying apparently isn't reducing the principal. I fail to understand why plaintiff's attorney will not provide you a balance. What they won't do is send you a monthly statement.

View More Answers

2 Answers | Asked in Real Estate Law for Florida on
Q: What type of legal counsel do I need for undisclosed issues and multiple things missed by home inspectors in a home?

Rotten support beam in roof, rusted in half drainpipe drywalled over, toilets installed incorrectly, large rotten area on wall under kitchen sink (water damage), things that were required to be fixed during first inspection that were not fixed and then ignored or just not inspected again even... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 4, 2024

An attorney who does real estate litigation should be able to help you.

View More Answers

2 Answers | Asked in Civil Litigation, Criminal Law, Personal Injury and Civil Rights for Florida on
Q: My father was arrested in 2020. An officer came to his house to serve a subpoena for an upcoming hearing for myself.

The officer opened a closed gate and enter into my father's property. My father was inside his home in the kitchen which is approximately 12 feet from the front door. The HVAC air handler is located in the kitchen and my father was working on cleaning the unit at the time. The officer claims... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 20, 2023

Doesn't sound like a wrongful arrest. The fact that the charges were dropped doesn't mean the arrest was not valid. Moreover, the officer had a valid reason for coming on to the property.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.