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Florida Civil Litigation Questions & Answers
1 Answer | Asked in Contracts, Business Law, Civil Litigation, Small Claims and Libel & Slander for Florida on
Q: Can I be sued, and if so what can I do?

I had a small pet sitting gig where I offer pet sitting services. I was contacted by a gentleman to overnight pet sit for 10 days (06/17 - 06/26). We agreed, he paid me 80% up front. (No contract signed, no witness to the agreement) My partner and I stayed from 06/17 - 06/19, and I stayed by myself... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 23, 2022

It appears that he is threatening to tell people bad things about you, not physically attack you or anything like that. Arguably it's a threat to defame (slander) you. Could you sue him if he did? I probably wouldn't bother.

Why should you care if the police won't make a...
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1 Answer | Asked in Civil Litigation for Florida on
Q: Hi, how to file injunction, to stop neighbors loud music bass,which forms online do I need?

had deputies out here many times, I get no relief bass is thumping through my walls and head, how to file injunction to stop the loud bass, which forms do I need? can I get forms online? hillsborough county district 2.

and cost of filing?

Charles M.  Baron
Charles M. Baron
answered on Jun 17, 2022

I would be surprised if you were to find forms for a Florida court action of this nature - but to check, contact or go see the Clerk's Office for your local court. They also can inform you of the filing costs. Aside from filing costs (of a few hundred dollars), there would be a service of... Read more »

2 Answers | Asked in Civil Litigation, Family Law and Collections for Florida on
Q: Hello A judge granted me judgement in small claims court. Now I need to collect. What would be the next step

How would I go about getting a writ of garinment

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 13, 2022

This is a specialized area of the law. Look for a consultation with a local lawyer that does collections. As I am sure that you have figured out, having a piece of paper that says that you are owed money is not the same as money in your pocket.

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2 Answers | Asked in Divorce, Civil Litigation and Libel & Slander for Florida on
Q: I am going through a nasty divorce and my soon to be ex wife has been threatening to share intimate information

She is sharing info about my sexual secrets to ruin my image and career

Michael Ferrin
Michael Ferrin
answered on Jun 12, 2022

If your divorce is already pending we would recommend filing an emergency motion to enjoin her from disclosing the information to third parties.

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2 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: How do i obtain a full transcript of a conversation on instagram messages? all the evidence i need is in that chat log.

An individual committed fraud against me and i lost $6000+, instagram does not have an In-App feature to download the entire transcript, how can i obtain it?

Jane Kim
Jane Kim
answered on Jun 11, 2022

Subpoena to instagram, and that's only if you already have a pending case in court.

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2 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: How do i obtain a full transcript of a conversation on instagram messages? all the evidence i need is in that chat log.

An individual committed fraud against me and i lost $6000+, instagram does not have an In-App feature to download the entire transcript, how can i obtain it?

Charles M.  Baron
Charles M. Baron
answered on Jun 11, 2022

The first question is whether Instagram would possess that chat. See if you can find that out. If they do possess it, or you just cannot find out if they do, have a subpoena served on them. In civil court, you can have a subpoena issued by either the Clerk of Court or an attorney in only one of... Read more »

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1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Terminate commercial lease

I have a commercial lease agreement for a fixed term in Florida for my startup business. There are some disputes with the landlord and incorrect information in the lease agreement. I would like to exit the property right away and seeing legal advice on the lease agreement.

Can I pay all my... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 6, 2022

The answer to your question depends on whether you have a valid, enforceable lease agreement, and if so, whether there are lease terms that dictate how the parties must attempt to resolve the types of disputes you are having, and on whether there is any issue of landlord's failure to meet... Read more »

2 Answers | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Florida on
Q: In FL is it illegal/can I be sued for building a fence off of my neighbors existing fence?

I bought my property less than a year ago. On the right side my neighbors already had a 4ft wire fence in place (about a 30 year old fence). My husband and I wanted to cross fence our property to make an area for our dogs. To do this we bought supplies and connected it to the existing boundary... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 6, 2022

You do not become a joint owner of the fence. You are not allowed to attach anything to their fence without permission from the owner of the fence. I doubt they will give you permission now. Your best option is to put posts on your land and attach the fence to your posts. You might need to... Read more »

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1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: After 1 year of paying agreement, the bank continuous to report to credit agencies being late, what recourse do I have?

The agreement authorized by a judge in court and to be paid on a monthly basis agreed by the bank and myself. But I have been denied loans and credit help because the bank reported since the date of the new agreement as been late on monthly causing a negative report of my credit worthiness. So I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 31, 2022

It is impossible for any Florida lawyer to help you unless you give them legible copies of all the documents underlying this banking credit problem and the court documents you refer to here. Search for an experienced banking lawyer here on Justia and contact them.

2 Answers | Asked in Civil Litigation and Family Law for Florida on
Q: I have a Florida family law matter hearing and the other side is calling the arresting officer to testify.

I have a Florida family law matter hearing and the other side is calling the arresting officer to testify regarding an upcoming criminal trail. My criminal attorney has advised me not to discuss my criminal case in the family case. Can I file an object to this officers testimony? I haven't... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 28, 2022

It depends on whether the officer's testimony will be relevant in the family law case. No, they can't use the fact that you have been charged with or arrested for a crime; an arrest is not proof that you did anything wrong. But, depending on what the officer is asked in the civil case,... Read more »

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1 Answer | Asked in Personal Injury, Civil Litigation and Nursing Home Abuse for Florida on
Q: While in rehab facility my sister's pain medication was being stolen, bigwigs came in fired all the thieves. Case??

Trying to convince my sister she has a case. While she was in a rehab facility here in Jacksonville last month, after a 14 hour total spine fusion surgery, when the night staff came in to give her her pain medication they would only give her one pill, and she was supposed to be getting three. the... Read more »

Tim Akpinar
Tim Akpinar
answered on May 24, 2022

A Florida attorney could advise best, but your question remains open for two weeks. A law firm could find it difficult to answer your question about legal action based on the brief description. Part of this is that when people ask about the viability of a lawsuit, they generally have in mind a... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: What are the steps after a judgment has been vacated and a case reopened for small claims. I missed pretrial as plaintif

I filed a small claims case against my landlord. Missed pretrial due to being hospitalized. Filed a motion to vacate judgment which was approved in the case was reopened. A judge or new date for pretrial had not been set and it's been a month. Is there something I'm supposed to be doing... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 23, 2022

Contact the judge's judicial assistant and find out when the pretrial hearing will be held. Make sure the defendant has been notified.

1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: a neighbor has their camera pointing directly in the backyard, for malice purposes (spying on us). Is this legal?
Charles M.  Baron
Charles M. Baron
answered on May 17, 2022

Might or might not be. If it's pointed in a direction that would be considered legitimate security purposes for protection of their property, and simultaneously captures a portion of your back yard (and nothing whatsoever inside your home), it may be legal, regardless of motive. However, if... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Where is the application for a director seeking reimbursement of expenses?,
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 13, 2022

Not every problem people encounter has an official form by which they may seek a remedy. If you are the director of a corporation seeking such reimbursement, begin by writing a coherent letter to the treasurer, CEO, board of directors, etc. If this doesn't work, ask an attorney what to do next.

1 Answer | Asked in Car Accidents and Civil Litigation for Florida on
Q: I was in a hit & run, and the other driver pulled off. Can a lawyer find them, or should I contact my insurance?

I was involved in a hit & run car accident on Friday, May 6. I was driving my Land Rover, and a Toyota Corolla rear ended me. She pulled over for a few minutes, but pulled off before the police arrived. I have a clear photo of her license plate. My land rover has $1000’s in rear end damage.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 11, 2022

GEICO knows about it, so it is doubtful that failing to "put a claim on [your] insurance" would save you any money. You should ask GEICO to pay the claim; if they do, they may want to try to find the identity of the Toyota's owner, and file suit against her.

2 Answers | Asked in Civil Litigation, Contracts, Real Estate Law and Estate Planning for Florida on
Q: Dispute POA

My father lives in Florida. I live in California.

He added my name and my brothers name to the deed of his condo (no mortgage) in 2017.

In 2021 my brother passed away. In March 2022 my brothers widow was given POA over my father and added herself to the Quitclaim deed without my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 11, 2022

And you want to know whether the power of attorney and the deed can be annulled, and you can examine the bank accounts? You need to retain a Florida attorney for the purpose of adjudicating your father incompetent as of the date of the POA.

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1 Answer | Asked in Civil Litigation for Florida on
Q: Can you file a civil suit without a person's name but with only their address?

My neighbor falsely made a 911 call saying that I pulled a weapon on her. She basically admitted in the police report that she lied. I want to file a civil suit, but I don't know her name only her address

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 11, 2022

Perhaps you could name her in the suit as "Jane Doe", and amend your complaint when you know who she is, but unless you have been damaged (in monetary terms) what would you sue her for?

1 Answer | Asked in Bankruptcy and Civil Litigation for Florida on
Q: post judgement order

have order from 2014 (thru Atlanta Bankruptcy Court) where defendant owes me 4995.00 could never find defendant but recently found out he lives in Tenn now (original order is from Atlanta Ga). Can I still fight for this judgement even though it was from 2014? Defendant owes me 4995.00 and i... Read more »

Jane Kim
Jane Kim
answered on May 3, 2022

Sounds like that debt was discharged in bankruptcy. You'd want to double check the bankruptcy case. If your debt was listed and bankruptcy was granted, then the debt was discharged. This means you cannot collect on it anymore.

1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Florida on
Q: Is it legal or would I leave myself open to civil lawsuits to publicly tell a story involving patients from my job

I'm an experienced healthcare worker and I'd like to publish my experiences. Is it legal to tell stories about patients without mentioning any types of identifying patient information? I would keep names, ages and locations out of it.

Jane Kim
Jane Kim
answered on Apr 22, 2022

If you are an "experienced" healthcare worker then you are familiar with the term "deidentifying protected health information (PHI)." If there is no way to track back and identify the patients you are describing then you are fine.

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: How can I appeal in Small claim for someone other than the judge to judge

He would not hear me shutting me down when I speak, won't listen to my proof in evidence and disregards my accusations against the plaintiff

Were i am stating laws that plaintiffs has broken and the iied that she has and is inflicting,he goes yelling that there isn't nothing that... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 19, 2022

It appears that your main problem is that you are talking out-of-turn. The order of speaking is often over-looked by many pro-se litigants.

The plaintiff is supposed to speak and call witnesses first. The defendant should not interrupt or attempt to present his/her side of the story...
Read more »

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