Get free answers to your Civil Litigation legal questions from lawyers in your area.
answered on Jan 23, 2025
It's at least civil, and usually this kind of issue is civil only, including potential issues of breach of contract and/or unfair and deceptive trade practices. However, in some cases, a fraudulent act could be a criminal act, and that would be an issue for a law enforcement agency.
I am pursuing a claim against a used car dealership in Florida and would like to file a claim against their surety bond. Do I need to first submit a complaint and wait for an investigation by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) before filing the claim with the bond... View More 
Respondent filed a motion to dismiss, and quash for lack of personal and home jurisdiction. I filed a counterclaim stating that Florida remains home state under UCCJEA from previous filings and custody orders, child primary residence 2015-2020, continuing jurisdiction due to my domicile and... View More
I understand the court needs it but unsure if receiving attorneys do
answered on Jan 21, 2025
As Mr. Kaufman alluded to, the fact that you have asked this question means you have not read the applicable Rules of Court, much of which a layperson can understand, and the rules regarding documents that must be served and method of service are definitely understandable. Your inquiry category is... View More
Lawsuits are typically filed as class actions becuase plaintiffs (and potential plaintiffs) advance similar theories of liability. The plaitniffs' injuries and the context of the alleged injuries are also factors. Further, they are practical, and allow plaintiffs to enhance political power... View More
answered on Jan 19, 2025
Start by reading this:
https://en.wikipedia.org/wiki/Class_action
Yes I own and operate a junk removal business in Florida. Woman calls me to come estimate. a Junk Removal Job Heres the rub Its ALL her mothers (Husband's) stuff. He has NO IDEA the women are moving against him to clear this out. I offered to assist in clearing out space to decide whats junk... View More
answered on Jan 14, 2025
I would recommend you have a waiver prepared and signed by the clients. The waiver should specifically waive all liability for you and the company for the specific issues that may arise. This will not give you 100% protection against a lawsuit, but will certainly put you in a better position to... View More
Before the arrest officer's still arrested me on suspension which was vacated just to do a illegal search
answered on Jan 8, 2025
if the officer relied in good faith on information provided to him by dispatch, the stop is probably okay, if the DMV information had not caught up, but, if you now have a valid license, the case will likely be dismissed by the State or something similar. The second issue you raise concerning the... View More
I submitted an emergency injunction against an entity Sept '24. The court has sat on it. Originally filed Sept 3rd, judges assistant called to tell me Respondent had to be served first. I filed amended injunction along with a Void Judgement motion. Which was the actionable item at play.... View More
My case was opened in 2023, and my children have been removed from the home. My daughter is living with her maternal grandparents, and my son is in foster care. Since the DCF case was opened my husband and I have been dealing with homelessness, and lack of income. My husband has been completing all... View More
answered on Jan 6, 2025
The question that you need to decide is are you opposing the TPR. You can move wherever you choose so long as you are complying with any court orders issued. If there is a court order that says you cannot move then you need to return to court to get permission. Speak with a local family lawyer for... View More
What are the potential consequences for an individual who engages in harassment and threats against a long-time resident of a property, falsely claiming ownership and serving them with an unlawful detainer, despite being aware of their identity? In a scenario where the property was quitclaimed in... View More
answer within 20 days. The answer was not served by the registered Attorney who served the Summons. Instead the Plaintiff responded to the counter claim. I am dealing with a judge who only wants to deal attorneys and not with Pro Se who want to defend themselves as quoted by the judge in the... View More
I wish I could upload a photo. Doctor office sent me home with post procedure instructions. Within the instructions it says I may have a small bruise and/or a bump at the site of cath insertion. The bruising i have starts at the lower part of my thumb and extends all the way up to my armpit on the... View More
answered on Jan 2, 2025
Everyone's body is different. You may have an abnormal reaction. It does not mean the doctor should have done something to avoid it. The sole abnormal bruise is not proof of a doctor's negligence.
They want us to pay off the original bill, even though the job isn’t done.
answered on Dec 29, 2024
Just refuse to pay. If they sue you, respond with the defense you have indicated.
Is she allowed to do this while we both own the bar? She did it for personal reasons. A bad break up.
answered on Dec 20, 2024
No, unless you had an agreement providing she has exclusive rights to do whatever she did. In any event, if you are getting a business divorce, consult a lawyer who handles business formation and dissolution issues.
The car is next door at his neighbors house
answered on Dec 12, 2024
I assume you mean that you not only wish to change the vehicle lock, but you also wish to take exclusive possession of the vehicle. Whether you can lawfully do that depends on the facts surrounding the vehicle not currently being in your possession, and you did not provide any of those facts here.... View More
How am I able to collect on this judgement? They never showed up to court and the judgment is completely unpaid, info sheet never returned. Im in South Florida Broward County.
answered on Dec 10, 2024
Any time a defendant does not submit something that's required, the first step is to reach out to the defendant to determine if he/she will comply, and if so, by when. If no cooperation, the next step is to file an appropriate motion with the Court to request issuance of an Order addressing... View More
Privacy If Possible as an individual right is not mentioned in the other amendments. All aspects of privacy should be mentioned as a way to allow an individual person to choose who or what to associate with. The first amendment addresses consent to join a group or organization. I am wondering if... View More
answered on Dec 10, 2024
Are you asking just an academic question, or you have a real-life situation that you need assistance with? If it's the latter, you'd need to provide some factual context to obtain any meaningful information. As a purely academic matter, it is the First Amendment that provides freedom of... View More
Hello, I went to a dealership and made a deal on the car they said I could pick it up the next day that next day turned to a week, the car still wasn’t ready. So I decided I didn’t want the car anymore and now they’re refusing to give me back the money I put down is there anything I can do?
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answered on Dec 5, 2024
Hire a lawyer to assist you and get your money back.
In the claim, they listed Count 1 $6935, Count 2 and 3 $7586 for a total of $14,521. Both Count 2 and 3 (unjust enrichment claim) list that amount, so the total of the claim is really $22,107. The increased total means the case was opened in the wrong court. Florida, case opened in civil, when it... View More
answered on Nov 27, 2024
Thr unjust enrichment claim is separate and distinct from any other claims. You don't add them. Even if they made an error, the case was properly brought in county court. The limit in county court is $50,000. Subject matter jurisdiction is not in play.
I took an individual to a concert and paid for a ticket for them, offering to pay for this ticket. This person verbally agreed to pay me back, and was unaware of the ticket price when being bought. A week later we ended things between us and I demanded the payment back, to which over text message... View More
answered on Nov 19, 2024
You'd have a valid claim if "offering to pay for this ticket" means that from the git-go, it was an agreement for you to obtain the ticket on the condition he/she pay you back for it. If "offering to pay for this ticket" means making a gift of the ticket, you would not... View More
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