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Florida Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Criminal Law, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: What do you do if forced. Under the threat of of bodily and family harm to sign a Florida quick deed?

I was forced to sign a quick deed to property that I own. By a Ex-prison con artist who kept threatening my and still is threatening my family. What can I do?

James L. Arrasmith
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answered on Mar 30, 2024

If you were coerced into signing a quitclaim deed under threats, it's important to take immediate action to protect yourself and your family. The first step is to contact law enforcement to report the threats and the coercion. They can offer protection and advice on how to proceed safely.... View More

1 Answer | Asked in Tax Law and Arbitration / Mediation Law for Florida on
Q: Attorney fees paid by defendant for plaintiff deductible on 1040 Sch 1 line 24 h?

I received a lump sum settlement for disability benefits under my employer's LTD group policy last year, and I believe my claim should meet the definition of unlawful discrimination under IRC section 62 a 20 e 18 so I am likely able to deduct attorney fees and court costs on 1040 Schedule 1... View More

James L. Arrasmith
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answered on Mar 29, 2024

Understanding the nuances of tax deductions related to attorney fees and court costs can be complex, particularly when it comes to settlements for disability benefits under an employer's LTD group policy. According to IRS Publication 525, attorney fees and court costs associated with claims... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Legal Malpractice for Florida on
Q: Hi, my attorney just filed a motion to withdraw due to mconcerns of unfair practices: he cxl my mediation I need help

I have a trail date already in place that he requested to leave for March 2024. He canceled my mediation and put in a motion to withdraw the day before my mediation. I still showed up to mediation but no one was there

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

A Florida attorney could advise best, but your question remains open for a week. The first thing to do could be to learn about the withdrawl, whether it was with prejudice or without prejudice. Withdrawing a case with prejudice generally means no rights reserved to refile the case. Withdrawing... View More

1 Answer | Asked in Arbitration / Mediation Law, Collections and Consumer Law for Florida on
Q: Is arbitration against the creditor or the collections agency that the creditor sold the debt to?
Tim Akpinar
Tim Akpinar
answered on Oct 5, 2023

A Florida attorney could advise best, but your question remains open for two weeks. It could depend what the arbitration is for - general negotiation, challenging basis for debt, claim for misconduct, etc. It could also depend on the right to use arbitration as a forum. Sometimes that's... View More

1 Answer | Asked in Divorce, Arbitration / Mediation Law, Domestic Violence and Family Law for Florida on
Q: Myself & spouse have lived in home 27 years. If I file for divorce will he be made to sell home in St Pete and split the

Home in his name only. Do not trust him!

Rand Scott Lieber
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answered on Aug 7, 2023

As long as the house is a marital asset, which it sounds like it is, the court will order the equity to be divided as part of equitable distribution. You will each have the opportunity to buy the other out or else the property will be sold. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Small Claims and Arbitration / Mediation Law for Florida on
Q: 2x hotels.com booked a room that was unavailable.Say they’ll b n contact thru email a few times;disappear without refund

The sea dip never got the reservation stating they don’t even know how I rented the room. They say they have private owners, but no way of who rented the room. The phone number on file kept going to voicemail and they said they didn’t know who that was and hotels.com never refunded my money.... View More

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

File your arbitration case.

As stated in Hotels.com’s terms and conditions of usage:

“Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA's rules are available at www.adr.org or by calling...
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1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: When having to participate in mediation with HOA in florida,do the mediator have to be in the same county as the home?

When having to go to mediation with the HOA the HOA lawyer has listed mediators in his county which is 40-60 miles away, are mediators required to be in the county the property and potential suit be taking place or anywhere within the state?

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2024

There are Florida attorneys here who do deal with HOAs who could answer your question best, but it remains open for a week. Until you speak consult with one, there is a general principle in arbitration/mediation where parties could raise the issue that a particular venue or forum is unduly... View More

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Florida on
Q: In Florida If you are in jail can divorce papers be served to you? Do you have to sign them if they are served to you?

Parents want a divorce, fighting over children. Mother had children. Mother got arrested and has been in jail for over a year case not tried yet.

Courts gave Father the children. He now wants her to sign the paper for a divorce. Her attorney took herself off the case several months ago... View More

Mr Eric Klein
Mr Eric Klein
answered on Mar 29, 2024

Yes, divorce papers can be served on you if you are in jail. No, you do not have to sign for the divorce papers if you are in jail. I hope this helps. Good luck!

1 Answer | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: ASSISTED LIVING FACILITY- annual increase amount notice received. no mention of re-categorize unit and charge more money

my father lives in an assisted living for 2+ years. The resident agreement states they can raise the rent annually and also make a cost of living adjustment annually. In addition, they can raise the rates on the nursing services. Written notice 30 days prior. We received a notice on 12/1/2023 that... View More

Tim Akpinar
Tim Akpinar
answered on Jan 16, 2024

A Florida attorney could advise best, but your question remains open for two weeks. A starting point could be to make another request for an explanation. If you contemplate disputing, you could check the agreement/contract as to any provisions for the resolution of disputes (arbitration, courts of... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Family Law for Florida on
Q: Can I get a mediator to help with paying my uncle back some money he gave me? There was a dispute that turned bad. Help

Had a disagreement over the help he was giving me, needed a loan to help pay for a dental plan due to an emergency, and told him it was such, and a big text argument ensued with me doing a really dumb thing. Before and after that dumb thing, I did tell him I was going to repay him every single... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 1, 2023

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

1 Answer | Asked in Appeals / Appellate Law, Arbitration / Mediation Law, Banking and Civil Rights for Florida on
Q: What is the limitations on dss in North Carolina to get paid back on something I didn't do I was locked up??

Boyfriend at the time stole my purse and sold food stamps to 4 different people on the same day same store they have punished me for 3 years where I couldn't get food stamps at all no place on the country i went hungry alot was homeless alot too I moved to Florida to get away from those people... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 2, 2023

I don't know what "dss" means, but in any case, a question on a NC limitations period must be asked of a NC attorney. Since your inquiry is indicated to be from Sebring, Fla., mostly Fla. attorneys (like me) will see your post. Also, legal advice on the filing deadline specific to... View More

1 Answer | Asked in Arbitration / Mediation Law and Family Law for Florida on
Q: Is it acceptable for an attorney after being hired on a family matter take over 2 years to even submit docs to see judge

I hired an attorney who up till this moment I have yet to see the judge. I just wanted representation the law is not exactly on my favor in my state for being a grandparent. But still they took my funds and said they can at least try if that was OK which for me it was. So now I'm wondering was... View More

Rand Scott Lieber
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answered on Mar 31, 2023

This sounds like an issue between you and your attorney more than a legal issue. Make an appointment to see your attorney in person and find out what is happening. Grandparent rights in Florida is a difficult issue but if you have had the children for seven years that will definitely work in your... View More

2 Answers | Asked in Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: My former tenant sued small claims for return of security deposit, we settled in mediation; tenant refuses to drop suit.

My former tenant sued small claims for return of security deposit, Pinellas County Florida. In mediation, we agreed I would return part of the deposit ($600) and he would dismiss the suit. I paid the $600 within the assigned time frame. I have a copy of the check he cashed. Yet he refuses to... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 1, 2022

Move the court to dismiss the suit with prejudice.

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3 Answers | Asked in Contracts and Arbitration / Mediation Law for Florida on
Q: is it legal in florida contract law to impose a 50% penalty for a payment not made on time?

I have agreed to pay a certain amount by october 29 2022 but my creditor wants to impose a 50% penalty if the payment is even one day late. is that legal?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 21, 2022

Legitimate private creditors can impose any "late penalty" they want. They do it to make sure they get their money back from you.

BTW, if you complain to the creditor about this policy it will make it look like you are intending to be late, which is why the creditor charges a 50%...
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2 Answers | Asked in Arbitration / Mediation Law, Banking, International Law and Stockbroker Fraud for Florida on
Q: How do I get a Brazilian arbitration court default judgment enforced in US (Probably Florida)

I'm a citizen of Florida. A Brazilian company I was a partner in was stolen by forging my signature when I was out of the country. That company is now trading on the NYSE (with my forged signature). I sued and won in Brazilian Arbitration Court under UNCITRAL treaty. The judgment was to... View More

David H. Relkin
David H. Relkin
answered on Aug 4, 2022

There are a few distinct issues involved in your inquiry: the recognition of a Brazilian Arbitration Award and the attachment of US Company assets. (In order to answer, I will of course assume all the facts you stated are true unless they are contradictory.)

Even before reaching the...
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1 Answer | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Civil Rights for Florida on
Q: Can I be held in contempt of court if I was summoned to court and the app they provided to me did not function

I was summoned to court as a witness the app that they provide to me was glitchy and unable to function properly also the helpline that was provided on the summits went to call center they were also unable to answer any of my questions and could not help me with the app what are my options if they... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 8, 2022

At the contempt hearing you testify about your problems with the ap. You will need to be able to persuade the judge that you did everything you could to obey the subpoena.

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: I no longer live in PA. I was sent by mail papers for civil division arbitration in PA, do I have to go?

This is a civil action for supposed monies owed, since 2012. I do need to respond. I've lived in Florida for going on 3 years.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 30, 2022

Yes, the Pennsylvania court may very well have jurisdiction, assuming you were properly served with process under Pennsylvania law. Ask your question in Justia > Ask a Lawyer > Pennsylvania, specifying what you mean by "sent by mail". Many jurisdictions have provisions for service... View More

2 Answers | Asked in Real Estate Law and Arbitration / Mediation Law for Florida on
Q: What is my responsibility as the seller to property's HOA agreement to mediate?

I sold my property to a corporation. Everything cleared and closed through title. Now HOA is sending me an Agreement to Mediate, stating that the HOA does not allow the property owner to be a corporation. Shouldn't this have been caught by the title company, and never gotten to closing? What... View More

Jane Kim
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answered on Dec 15, 2021

Typically, HOA receives a copy of the sale and purchase contract prior to closing in order to respond with a letter confirming if there are any outstanding dues do and if there are any special assessments, etc. and to do a credit check on the new owners. Therefore, the HOA must have been on notice.

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3 Answers | Asked in Real Estate Law, Arbitration / Mediation Law and Collections for Florida on
Q: Hello I was sick with COVID and fell behind on HOA assessments and dues. HOA had now referred me to their attorney.
Jane Kim
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answered on Dec 2, 2021

HOA rules attach legal fees. Unless that lawyer feels bad for you, you'll be expected to pay the past due amount plus legal fees. Sorry.

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2 Answers | Asked in Arbitration / Mediation Law, Civil Litigation, Construction Law and Contracts for Florida on
Q: Does refusal to adhere to a 5-year workmanship warranty create breach of contract and void the required arbitration?

Extensive damage occurred in my house after work was done by a company. The damage was undetected for almost four years due to its location. Once found, expensive repairs were required. Three outside specialists confirmed the cause of damage was the poor workmanship. The company refuses to pay any... View More

David H. Relkin
David H. Relkin
answered on Nov 16, 2021

You ask a very good question and one that I have been asked many times. An arbitration provision is valid even if the contract involved fraud. In other words, simply because fraud was involved in the transaction, that does not void the manner in which you have agreed to resolve the dispute. This is... View More

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