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Florida Civil Litigation Questions & Answers
1 Answer | Asked in Real Estate Law, Business Law, Civil Litigation and Civil Rights for Florida on
Q: Is a civil suit viable? HOA deleted surveillance video I asked them to save. It would have proved my son was innocent.

We pay monthly HOA fees for amenities, which include security via video surveillance. My son is facing criminal charges and the events that occured were caught on these cameras. This footage would prove the allegations are false. I emailed the HOA asking them to save it. No response. I also went... View More

James L. Arrasmith
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answered on Mar 26, 2024

In situations where evidence crucial for legal defense is destroyed or deleted, especially after a request has been made to preserve it, you might have grounds for a civil case. This would particularly apply if the deletion of the surveillance video directly impacts a legal proceeding, such as... View More

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.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Is the investigator in a criminal case obligated to question a witness before a trial or plea takes place?

There is an investigator working on my criminal case, but, I haven't much faith in her. If a new witness is discovered shortly before a trial ( ie. a month) does she HAVE to attempt to locate him? Isn't that part of my due process rights? He was my neighbor at the time and was video... View More

James L. Arrasmith
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answered on Mar 25, 2024

In a criminal case, the obligations of an investigator can vary based on the laws of the jurisdiction and the specifics of the case. Generally, investigators should pursue all credible leads and examine relevant evidence, which can include questioning new witnesses who might provide critical... View More

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.

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2 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: Navient student loan server/ lender consolidated all my loans including one from 1987.. then in 2022 all loans were

Discharged except for the one from 1987 they took it out of consolidation and I believe I was in deferment when they did this in 6/2016.. and sent old loan to trellis student loan collector..Without ! My notice .. trellis then garnished my wages without notifying.me I received no paperwork about... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 24, 2024

If they garnished your wages, it would appear that they got a judgment against you. Look into how they did that without notice (of the lawsuit or also of the garnishment) to you.

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3 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Can a Motion to Suppress be filed due to mistake of law / an unlawful stop?

I was stopped because I did not use my turn signal at a 3 way stop sign, I was on a deserted road, at Midnight. Since no other cars were in site (affected) I know this was an unlawful stop.

When he activated his lights we were on a pitch black, 2 lane road with no shoulder and severe... View More

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

Please cite the statute that allows you to NOT use your turn signal at a 3 way stop on a deserted road at midnight with no cars in sight. If you can't cite that statute, I'd advise you to not file a motion to suppress. But you do what you think is best for you.

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1 Answer | Asked in Civil Litigation for Florida on
Q: What does a “court ticket at pre trial” mean in small claims court?

A small claims court law suit where the defendant was given per the document a “court ticket at pre trial”

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 20, 2024

Hard to say. Different counties and judges have different procedures. Perhaps the "ticket" refers to a notice of when the trial would be held. You should ask the clerk of court to find out what it means.

0 Answers | Asked in Civil Litigation for Florida on
Q: Can a moving company force me to pay full charges when most of my furnture was damaged through negligence?

A movlng company agreed to move me, but without first discussing with me, arranged for another company to perform the move. I learned of it when the assigned moving company rep called and claimed to be in partnership with the first company and subsequently sent a rep out to view my furniture when... View More

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.

1 Answer | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: I do not speak fluent English & require an interpreter. What do I do if opposing attorney wants conference call?

I cannot have a conversation as defendant with plaintiff opposing council as I do not understand English in full or legal terminology spoken in English at all. The opposing attorney is aware of this and I cannot afford attorney and cannot fine any lawyer to help me who is bilingual based on small... View More

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

You can file anything you like, but the conversation with the attorney is not part of a court proceeding, and the Court is not going to order an interpreter. You can ask the Court for an interpreter for a Court hearing. Otherwise, this is your issue that you need to solve. It's not opposing... View More

2 Answers | Asked in Animal / Dog Law, Personal Injury and Civil Litigation for Florida on
Q: Is it a valid Premise Liability case in Florida if a alleged dog claim attack did not occur on the rented premises?

Pending lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks. There was no dog attack and no injury to 3rd party alleged in ident off premises. There was no injury and claims full of lies and no evidence. Landlord already dismissed from this... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

You state that this is a "lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks." If there happens to be evidence to support that claim (including the alleged injury), it may be a valid claim regardless of whether a co-defendant is... View More

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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

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

I agree with Mr. Kaufman except would add but that for issues in which the Court requires an effort to confer in good faith before attending a hearing, if the opposing attorney were to tell the Judge that he requested to confer with you, and you refused to speak to him, the Judge will probably not... View More

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2 Answers | Asked in Real Estate Law, Civil Litigation and Probate for Florida on
Q: My sister sold my father’s property without giving me my share of the sale which is half according to his will.

My sister sold my father’s property for $24,500 without informing me. According to my father’s will (of which my sister has a copy) I’m supposed to get half of the sale. Dad’s attorney P.B. Howell Jr. passed away in 2006. Dad passed away in 2017. Since my father’s passing, I have been... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

Your inquiry has a very mysterious set of facts. If a Will gives real property (house, condo, land, etc.) to two individuals to share 50/50, the Will must be probated - that is, a petition to open an estate in the Probate Court must be filed, resulting in a Court Order giving 50/50 ownership,... View More

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0 Answers | Asked in Criminal Law, Civil Litigation, Identity Theft and Libel & Slander for Florida on
Q: I need to have a demand letter like a cease and desist served to someone in another county can I do this w/on attorney?

I live in a different county from someone who has obtained and distributed my picture, dob, dl #, social, and other PII. I need to know how to have a demand letter like a cease and desist served IMMEDIATELY.

Is it necessary to have this done by an attorney or can I do it myself?

Please help!

1 Answer | Asked in Criminal Law, Civil Litigation, Identity Theft and Libel & Slander for Florida on
Q: I want to have a Cease and Desist served to someone in a different county from me. How do I do that?

I live in a different county from someone who has obtained and distributed my picture, dob, dl #, social, and other PII. I need to know how to have a demand letter like a cease and desist served IMMEDIATELY.

Is it necessary to have this done by an attorney or can I do it myself?

Please help!

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 15, 2024

By "a cease and desist", presumably you mean a demand letter, as opposed to some sort of a court order. Send, by certified mail, return receipt required, a letter demanding that the conduct be stopped immediately.

0 Answers | Asked in Family Law, Civil Litigation and Libel & Slander for Florida on
Q: Someone has gotten my full PII (drivers license, home address, and full social, etc) . Can I send a Cease and desist?

Do I need a lawyer to draw it up or can I send it myself? Time is a factor as I am already getting calls from realtors on houses I never searched.

1 Answer | Asked in Civil Rights, Criminal Law, Personal Injury and Civil Litigation for Florida on
Q: needing help finding attorney/firm for a lawsuit against the jail & police for civil rights violation due police miscond

also discrimination, police brutality, health issues & more

James L. Arrasmith
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answered on Mar 14, 2024

When searching for an attorney or law firm to take on a lawsuit involving civil rights violations, police misconduct, discrimination, police brutality, and health issues, it's crucial to look for legal professionals with experience in these specific areas. Civil rights attorneys often have the... View More

2 Answers | Asked in Business Law, Civil Litigation and Constitutional Law for Florida on
Q: If I authorize someone to conceal carry on private property, am I legally responsible if someone is injured or killed?

Our church (private property), if we have safety team members who will be permitted to carry their firearms, are we legally obliged if they discharge their firearm and injure someone, or are they responsible?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 12, 2024

They would be responsible, as always, to conduct themselves in a reasonable manner. Unless you have cause to suspect that your safety team members are likely to do otherwise, you would not be liable. It would be a good idea to see that they have taken a firearms safety course and to make sure the... View More

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0 Answers | Asked in Car Accidents and Civil Litigation for Florida on
Q: Can a judgement that resulted in a suspended license be enforced after 20 years?

on 01\08\2004 a judgement was entered against me after driving without insurance and an accident. I have been paying off and on when i could over the years but it always gets to a point where i have to choose if i pay them or rent. 20 years later they have had my license suspended again but i am... View More

0 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: What to do when a subpoena for production issued by a court clerk was tampered with before sending?

A subpoena for production that was sent to a social media company requesting account information was 'modified' after the court clerk issued it and before the pro se party sent it; the date of requested information was changed to include an additional year. I have copies of both the... View More

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