Under Florida Statute § 784.048 Cyberstalking Statute, the legal definition of the word "cyberstalking" means to communicating with, or causing images, words, or language to be delivered to, a certain person via electronic communication or email, without a legitimate purpose, and that... View More

Though you can file any motion you feel like filing, a small claims court judge is not supposed to use the summary judgment motion procedures that are set forth in the Fla. Rules of Civil Procedure unless those rules have been invoked by court order. The reason small claims court exists is to have... View More

Re-posting answer to fix typo -

Yes, because the other party to the call is asking your consent to have it be a recorded call (by making recording a condition of being able to speak to that party). But if you plan to use the recording for anything other than your own private listening, you... View More

Sorry to hear about your ordeal. Your inquiry is vague as to when the abuses occurred. You mention, without relating any facts about timing, the phrase "tolling statute of limitations", which is the stopping of the clock for the time counting towards the limitations period, under... View More

You should have no problem filing the amended memorandum. The judge, in allowing the filing of the memoranda, probably provided that the parties could file them according to a specified time schedule, thus ensuring that a ruling wouldn't be made until the memoranda were filed.

When a tenant receives a court order of eviction, that's an eviction of the tenant him/herself and all of his/her stuff. If the tenant vacates and leaves personal property items on the premises, and does not reach an agreement with the landlord for picking up the items later, the items are... View More

If Delaware law applies, you must direct your question to Delaware attorneys. You instead directed your question to Florida.

The third party person who pays for the litigant's attorney has no say in how the case progresses, because the payor is not the client. Neither clients nor payors dictate anything; the case progresses according to the law as applied to the facts of the case. If you think that you are going to... View More

You would have to show that the statute of limitations doesn't apply. What do you mean by indicating that you just found out about the kidnapping? Perhaps you might have a case, of you can prove that the owner was negligent, and that the negligence caused injury to you.

Your case... View More

That depends on your facts and the type of garnishment. One issue is whether you are eligible to file a claim of exemption (for example, under one of the categories mentioned in Fla. Statutes Sec. 77.041). If not eligible, the options include trying to work something out with the creditor or... View More

Sure, there are some lawyers handling general practice or general civil litigation who can advise you on how to represent yourself in small claims court, including assisting the the forms. Searching for "lawyers" "small claims" "[your location]" would be a start.... View More

It's not clear what question you want to ask, but it might be a good idea to amend your complaint so as to name the lessee as a co-plaintiff.

Yes, if the pro se litigant is in any court other than small claims court (where you must seek leave of court to conduct depos or other discovery, whether you are pro se or have counsel). If you are the pro se litigant, you need to read and understand the entire set of procedural rules applicable... View More

You don't need a mediator. Just mail him a check when you have the money.

It appears to be a motion to dismiss. While they may put that language in many such motions, that fact doesn't make it any less a motion which you need to address.

This is a question that goes beyond the scope of this forum and requires a lawyer to review your condo documents to provide advice. You will need to consult with a community association lawyer.

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answered on Oct 23, 2023

In Florida, oral agreements, although harder to prove than written ones, can be enforceable. If you had an oral agreement with the homeowner about living in the property rent-free until after your son's graduation, and the homeowner did not uphold this agreement, you might have a defense... View More

Your husband needs an attorney handling either personal injury defense or general civil litigation. One aspect of this situation to be evaluated by an attorney is whether your husband could be judgment-proof, meaning if he gets hit with a money judgment, is there anything for the plaintiff to... View More

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answered on Nov 9, 2023

If you're looking for information on how these cases affect your current situation regarding access to water, you should review the most recent and relevant case law or statutes, as the implications of the case may have evolved over time. It would be advisable to consult with an attorney who... View More

Mr. Thorgaard gave a somewhat humorous but correct answer that you, as a non-lawyer, might not understand. You may be able to sue on the ground of nuisance - that is, to seek a court order to stop the nuisance activity and possibly for money damages. A lawyer letter threatening to sue for nuisance... View More