Get free answers to your Civil Litigation legal questions from lawyers in your area.
I am facing eviction from my mobile home park for not painting a small dirt spot, lacking a handrail for four steps, and having a car parked near the house. There was no lease agreement when I purchased the mobile home. The park manager is unresponsive, and there are allegations among residents... View More

answered on Mar 26, 2025
I'm sorry to tell you this but you are a month-to-month tenant if you have no lease. You need to consult with a landlord/tenant lawyer right away to review the eviction notices are valid. This is not a problem you can resolve with internet advice and time is of the essence. If you were... View More
I financed my first car and signed the contract on March 4th. The dealer lied and left out important information. Initially, I was told the car was $4,000, but then the dealer said it was $6,000, leading me to finance the car since I only had $5,000. I paid a $3,000 down payment, but the contract... View More

answered on Mar 26, 2025
The court is going to look to the terms of the contract first. Whatever you signed on the contract is what the court will start with first in determining what is to be paid and to whom. Anything that you agreed to prior to the signing of the contract, that is not written in the contract, is not... View More
My son died in a house fire on January 4th, 2025, and I am seeking legal advice. The Chattahoochee Police Department was very rude and made false statements in the police report. Additionally, the fire department was negligent—they had no water, didn't connect to the fire hydrant, and... View More

answered on Mar 26, 2025
It will be difficult to win a case against the police or fire department. However, there are other parties whose negligence may have caused the house fire. If proven, you could recover damages for the death of your son. In the past, we have seen electricians, builders/contractors, landlords, and... View More
My son died in a house fire on January 4th, 2025, and I am seeking legal advice. The Chattahoochee Police Department was very rude and made false statements in the police report. Additionally, the fire department was negligent—they had no water, didn't connect to the fire hydrant, and... View More

answered on Mar 26, 2025
Your only option if you want ANY chance of prevailing at all is to retain a personal injury law firm, and you can look state-wide. Taking on something like this is very complex and would be extremely difficult for you to undertake on your own. Not only would there have to be an investigation of... View More
I purchased a 1999 Porsche 986 a couple of months ago from a seller who recently moved to Florida from Kansas. He advertised the vehicle as having a clean title and a perfectly running engine. However, I later discovered the title is salvage and the engine started misfiring the night I brought the... View More

answered on Mar 25, 2025
Was there a contract signed related to the transaction or at the very least an email reflecting those terms? If not, you may still have a viable claim against the seller, but it will ultimately be a he said/ she said situation and likely no ability to recover attorneys fees. It may not be a lawsuit... View More
I filed an Emergency Motion to Stop Timesharing due to concerns about my children's safety, as their father's house was raided by Lake County SWAT and he has been using drugs. The court's order mentions that I failed to state a cause of action for jurisdiction to modify timesharing,... View More

answered on Mar 24, 2025
Is there a current order on timesharing? If yes, what court issued that order? That is where you would need to file your motion to modify the current court order based on the "best interests of the child." If you have never been to court or if there is no court order then you need to file... View More
I was named the personal representative in my mother's will in Florida, which gave me the authority to make decisions about the estate. The will also specified that estate-related expenses, including burial and funeral costs, were to be shared by both beneficiaries, myself and my sibling.... View More

answered on Mar 22, 2025
You should have submitted and claimed all of these expenses with receipts with the probate court during the probate, where was your probate attorney while this was going on? You may have to try to go back and reopen probate and get it addressed there, or you may have to try to file a lawsuit in a... View More
I was named the personal representative in my mother's will in Florida, which gave me the authority to make decisions about the estate. The will also specified that estate-related expenses, including burial and funeral costs, were to be shared by both beneficiaries, myself and my sibling.... View More

answered on Mar 23, 2025
If there are no non-exempt assets, there are no assets from which the Court would enter an order directing that you be reimbursed, the reason being that the probate court only has jurisdictions over the assets of the estate. So, yes, the Court does order that the heirs pay any debts for which... View More
My father, who was very wealthy, had a will, but my family hid it and took everything he owned, leaving me with nothing. I haven't spoken to a lawyer or taken any legal action yet. What can I do in this situation?

answered on Mar 19, 2025
I am very sorry for your, please accept my condolences for you and your family at this difficult and sad time.
If there is a Will, Florida Statute requires that they submit it to the clerk of the court within 10 days if this is in the State of Florida.
If no probate was commenced,... View More
I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

answered on Mar 18, 2025
An apartment owner has a legal duty to protect any person that is rightfully on the premises from criminal attacks that are foreseeable. A criminal attack would be foreseeable if the apartment building was located in an area that experienced crime of this type in the past. If so and the building... View More
I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

answered on Mar 18, 2025
Yes, you can sue the apartment complex/landlord. The non-working security cameras are a huge red flag and will likely impart liability on the landlord. If other similar crimes have occurred in the complex, this will further show the landlord knew of the danger and failed to protect the occupants... View More
I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

answered on Mar 18, 2025
Negligent security is a real and recognized claim under florida law. These facts suggest the claim is worth consulting a lawyer. The property had a duty here to exercise reasonable care, and if there's a history of violent crime that would have required heightened security, cameras,... View More
I had a Project Manager/Sales Rep who resigned in December. We have evidence that they accepted a position with a competitor back in August and were promoting and selling our competitor's products to our current customers while still employed by us, receiving benefits and having expenses paid... View More

answered on Mar 17, 2025
You may have a claim for damages under a theory of tortious business interference. To establish a claim for tortious interference with a business relationship in Florida, a plaintiff must demonstrate the existence of a business relationship, the defendant's knowledge of that relationship,... View More
I am facing a partition action filed by a co-owner, who is falsely alleging that I am refusing to sell or vacate the property and preventing her from accessing it. In reality, she is guilty of these actions. I have met with several realtors, waiting for her to list the property, and I am currently... View More

answered on Mar 14, 2025
If you are facing a partition and you are willing to sell, you would likely be able to negotiate a settlement where the property is sold without intervention by the court. The competing allegations of exclusive possession, lack of access, etc. would be issues to settle in the negotiations. If you... View More
A detective came to my house and asked me to identify my boyfriend in a surveillance video, where he was seen walking back and forth along a fence. I was not sworn in during this process. This identification is included in his discovery but notes in bold that I was not sworn in. Can this be used as... View More

answered on Mar 14, 2025
You can be subpoenaed to testify as to the truth of what you told the detective. If you disobey the subpoena, you can be held in contempt of court. If, when you are forced to testify, you recant and deny what you said on video, you can be charged with lying to a police officer.
A detective came to my house and asked me to identify my boyfriend in a surveillance video, where he was seen walking back and forth along a fence. I was not sworn in during this process. This identification is included in his discovery but notes in bold that I was not sworn in. Can this be used as... View More

answered on Mar 13, 2025
If you are not testifying in court, use of your out-of-court statement to prove the truth of that statement would be hearsay, and that would generally be inadmissible - but there are exceptions to the hearsay rule, so a prosecutor would want to try to find a way to bring it under an exception if... View More
I have an issue regarding a bond between two counties in Florida. An inmate was arrested in Hillsborough County (County B) on a warrant from Polk County (County A) and has been transported to County A. I paid her bond in County B, but County A has rejected the bond, preventing her from proceeding... View More

answered on Mar 13, 2025
Now that the person has been moved to Polk County this has become a Polk County issue solely. If you have hired a criminal lawyer for this person they will need to file a motion in Polk County to seek to have any conditions of bond amended. To be honest I'm quite surprised to Hillsborough... View More
In Florida, can a trustee refuse to administer an irrevocable trust if the beneficiaries won't sign a form acknowledging they received a copy of the trust? The trustee claims Florida law requires the beneficiaries' signatures, but the beneficiaries are hesitant because they believe it may... View More

answered on Mar 10, 2025
In Florida, a trustee cannot refuse to administer an irrevocable trust solely because beneficiaries won’t sign an acknowledgment of receipt. While Florida law (Fla. Stat. § 736.0813) requires the trustee to provide a copy of the trust upon request, there is no legal requirement for beneficiaries... View More
I am part of the Boy Scouts of America class action sexual abuse case and categorized under Tier 2. Despite this, I am being told that I will receive a lower payment due to the statute of limitations in Florida, where the abuse occurred 30 years ago when I was under 13. From my research, it seems... View More

answered on Mar 10, 2025
Sorry to hear about your ordeal. Unfortunately, you will likely not be able to obtain legal advice on the statute of limitations applicable to your particular situation by making online inquiries. Rather, you must have direct communication with a lawyer, who would have to discuss and review your... View More
I received a notice of suit for a dog bite incident on a specified date. However, I do not own a dog and have no previous incidents or complaints involving a dog. The notice included details about the date and location of the alleged incident, but there is no possibility that the dog is associated... View More

answered on Mar 9, 2025
First, when you are served with a summons and complaint, you are required to file, within 20 days, either a response to the complaint (which can be an answer with defenses, a motion to dismiss, or motion for more definite statement) or a motion for extension of time to respond to the complaint.... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.