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Florida Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation for Florida on
Q: When it comes to eviction laws does MiamiDade law prevail over City of Miami

This is the time constraints on evictions differing between City of Miami and MiamiDade

Jacqueline Alicia Salcines
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answered on Apr 20, 2024

All evictions are governed by Florida statutes chapter 83 which is not city or county changed. It’s all the same for city of miami and dade county

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0 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: In Florida if I file a Motion for Summary Judgement do I attach the form titled the Magistrate form for Dispotive Motion

I'm in discovery and want to end the case by Motion do I only have to send the Motion or do I have to attach the form from the Notice Consent Reference of a Dispositive Motion to a Magistrate so my Motion is heard

0 Answers | Asked in Criminal Law, Civil Litigation and Communications Law for Florida on
Q: Is it legal in Florida for 1 party to record a phone conversation but forbid the other party from recording it?

I am in a dispute with my Florida medicaid managed care plan over getting care authorized for a recent cancer diagnosis. After complaining to the state, the state sent the complaint back to the plan which assigned me an RN case manager. She refuses to communicate via email, insists on communicating... View More

0 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: My employer was not insured for Maintenance and Cure. Thus far refuses to pay.

Their General Liability is reviewing coverage with reserving its right to deny coverage. 14 months paying my own medical. Cervical and Thoracic injury, confirmed herniated disc T1/C7. The boat company was recently involved in a major collision in Biscayne Bay. I have met the criteria of seaman. Do... View More

0 Answers | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: Can I pay for something in full and the seller take it back without my permission and compensate me for it. Do I own it

I paid for a item on EBAY a 1934 US $1,000.00 bill for $3,355.00 in full I owned it. Can the seller not send it to me and take it back without my permission and compensate me for what I paid for it. Not the value of what the item is really worth, it is worth more than I had paid for it. I feel I... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Can lawyer charge fees for response to bar complaint?

I have an attorney in Florida. My case is settled but they still have my retainer money. I filed a bar complaint against them. Can they charge me fees for responding to the complaint I made against them?

James L. Arrasmith
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answered on Apr 6, 2024

In most jurisdictions, including Florida, attorneys are generally not permitted to charge clients for the time spent responding to bar complaints filed against them. The rationale behind this is that responding to a bar complaint is considered part of an attorney's professional responsibility... View More

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.

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Am I allowed to use Official Police body cam on social media if I'm reporting misconduct of the police in Florida?

I'm wanting to put together a body cam video of clips from several different police body cam videos in Florida from numerous police encounters with an individual and put it on social media since they are continually harassing this individual. Am I legally able to do so if I have all these... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 1, 2024

The answer depends on whether the footage is officially public record at this time, as well as on what you mean by "reporting misconduct". Generally, any official public records may be shared on social media. However, if you were to edit/compile the footage in a way that is not exactly... View More

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0 Answers | Asked in Civil Litigation and Consumer Law for Florida on
Q: I am requesting info on student loan collection via trellis student loan collector .no notification

No notification for garnishing my wages they could have sent the initial paperwork to my employer asking them to notify me but they didn't..they just st sent a judgement and garnished my wages for 4 years and I never knew about it ..I need accurate advise on this please ty...

0 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: how much would it cost to litigate a certified car purchase? I bought the car from a california dealer and they said it

was damage free and it was not. they said they would buy it back but now said they changed their mind and want to pay to have it painted? if I take their offer to have it painted can I still litigatge the 4 other items that are wrong with the car? i am in florida this has been going on since... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: Should I sue my ex bf for removing mine & my daughter personal belongings from our home & damaged in a storage unit?
James L. Arrasmith
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answered on Mar 28, 2024

Deciding to take legal action against an ex-partner for removing and damaging personal belongings is a significant decision that depends on many factors. First, consider the extent of the damage and the value of the items lost. It's crucial to weigh the emotional and financial cost of... View More

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

Charles M.  Baron
Charles M. Baron
answered on Mar 25, 2024

You have grounds to take legal action, and you may want to first have an attorney send a demand letter to see if the matter can be resolved without litigation. You may have grounds to seek a court judgment requiring transfer of title to you, and if not that, at least grounds for monetary... View More

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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

Angelo "Tony" Marino Jr.
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answered on Mar 25, 2024

As previously stated, to garnish your bank accounts, a judgment had to be entered against you. Go to the website of the clerk of court of the county where you reside and type in your name. You should see a case with your name. Go to see if there is a return of service and see who was served with... View More

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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.

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

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