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Florida Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts and Elder Law for Florida on
Q: If a sonis trying to take all the money from his mother, who was recently widowed, and the son and her were buying a hom

The house was only titled in his name without authorization. Is there any repercussions that the mother has to get her money back

Charles M.  Baron
Charles M. Baron
answered on Jan 29, 2023

Mother needs to consult a lawyer who handles real estate litigation in her area to see if she has grounds for legal action, such as a lawsuit to quiet title.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: I've been residing at a hotel for over 45 days, locked out several times. Any protection on my behalf from police

Hotel deployable, needs code enforcement. No water after midnight, living with rats and roaches. Smoke alarm in all rooms don't work, most ac units are busted from outside the rooms. Locks on doors are being held up with scotch tape, not secured

Families are living here, including me... Read more »

Leonard Louis Cagan
Leonard Louis Cagan
answered on Jan 25, 2023

Unlikely that this is a criminal matter. I would suggest contacting code enforcement department in the county where the facility is. They may need a complaint in order to investigate. I hope this helps.

1 Answer | Asked in Civil Litigation, Public Benefits and Health Care Law for Florida on
Q: Can psych offices legally agree to one contract rate with one insurance company then submit secondary claims to Medicare

Situation: Psychiatric Office has an agreed upon contracted rate with my wife’s insurance company for $81 a visit (she also uses the same office) they primary insurance company tells them to not collect anything else from the patient (no copay) THEN the office submits a claim to Medicare (even... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 21, 2023

That office might be a Medicare fraudster (engaging in crimes), or this could be legitimate under the insurance policy and Medicare rules. You should first ask the office (in a friendly way) for its explanation for their billings, and if the explanation doesn't make sense, tell them so and... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: I am being taken to small claims court as a defendant. I am a contractor and being sued. 3 years later

We removed the flooring in his home and his foundation was cracked. After giving him options of methods to proceed he said he would think about it. I then called him to see what he was going to do and he had hired another contractor to install his new flooring. Then demanded the balance of his... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 19, 2023

You are required to furnish the documents he requested within the timeframe he requested it. You should retain an attorney to defend yourself.

1 Answer | Asked in Civil Litigation for Florida on
Q: 2019 worked as a taxi driver was in accident(at fault careless driving) wasnt insured through commercial insurance

Like i thought i was and so have judgement against me, case still open, but having to pay and i can not afford this now 2yrs later i have 2 more cases for auto negligence and i dont know what to do. Need help single mom and recently became homeless..

Tim Akpinar
Tim Akpinar
answered on Jan 18, 2023

A Florida attorney could advise best, but your question remains open for two weeks. I'm sorry for your difficult situation. You could reach to legal aid or pro bono legal services to discuss your options based on financial hardship - whether bankruptcy, convincing the subrogation departments... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: I had a contempt of court motion placed on me and a court date set that I cannot meet due to business obligation. What c

What can I do to change that date?

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 10, 2023

If the plaintiff is represented by a law firm/attorney, call them and see if they will agree to a change. If there's no lawyer on the other side, call the judge's assistant and ask whether you can change the date. Your business obligation had better be significant; as between a court date... Read more »

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: I need to request a new hearing in a civil case in Charlotte Co. FL. that I was found liable for because I couldn't make

It to the hearing. Plaintiff won by default. I never got my day in court. Can I request that?

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 10, 2023

Yes, you can, BUT

1. you did have your day in court. Unless you were in the hospital unable to access the court by telephone, kidnapped, or physically trapped, you could have made it to Court. make sure the reason that you didn't make it to Court was something that was completely out...
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1 Answer | Asked in Civil Litigation for Florida on
Q: do I have to repay my ex his promies note after he done recover his sthing he had to buy back
Barry W. Kaufman
Barry W. Kaufman
answered on Jan 3, 2023

Your question is incoherent, and does not include any facts. Nobody could possibly answer your question. Please try again.

1 Answer | Asked in Civil Litigation for Florida on
Q: My boyfriend and I own a home together, an a truck, and are now buying a boat. we are breaking up, what are my rights?

I had him arrested for DV, but dropped charges. So now he wants to sale the home and move on. he put $2000 down, and i paid the bal. of about $18000. I bought the truck, but the title came back in only his name?. I put $3000 down on the boat, he makes the pymts., my name is first on the title. what... Read more »

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

One of you would have to sue the other one for "partition" of the home. It would be sold and, if there is any equity (sale price less sale expenses and mortgage) it would be divided between you pro-rata (in proportion to what each of you put into it). Or in lieu of a lawsuit you could... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Florida on
Q: Attempt mur n FL 43ys ago on 10y old boy, ☎️law did nothing & DCF also. Boy n NC

My mother tried to kill me 43 years ago, with a frying pan. I gave a statement to Buncombe county sheriffs office about a month ago however, I have not heard back from them maybe because it’s a case that comes out of Florida. I want to know before going down there to press charges against her if... Read more »

Charles M.  Baron
Charles M. Baron
answered on Dec 28, 2022

Sorry to hear about your terrible ordeal. What I'm about to tell you here is not a reliable professional opinion; for that, you need to schedule a consultation with an attorney with expertise in Florida criminal homicide laws, and you should be able to arrange a virtual or telephonic... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Litigation and Domestic Violence for Florida on
Q: if someone files an injunction against you and the court finds no evidence, can I file one against him?

we were living together since July. In November, we broke up and I asked him to leave-- he refused- so I filed an unlawful detainer on 12/7- my house, he paid no bills etc. He had me arrested for alleged domestic violence 12/9. The state's att'y has dismissed the case due to lack of... Read more »

Charles M.  Baron
Charles M. Baron
answered on Dec 26, 2022

You can petition for a domestic violence injunction if you independently have the facts to support it. The Court Clerk's office should have forms for you check off the reason(s) supporting an injunction. Your ex filing against you is irrelevant to your eligibility and to your likelihood of... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: I filed the small claims suit never received an answer by mail. I found out 2 to 3 weeks later that the judge made a

decision was not what I had asked for. I filed a motion for a new hearing was denied. I found this out 20 days later because I went online received nothing by mail. What can I do to get a new hearing?

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 22, 2022

You asked for a rehearing and the Court denied it. That's the end of you getting a new hearing. It may be possible to appeal the ruling, but you'd need an attorney who practices appellate law to review the case and the timelines for filing a notice of appeal are very tight.

2 Answers | Asked in Civil Litigation for Florida on
Q: Does a decision that a judge makes in a small claims case in Miami Dade county need to be mailed to the defendant and th

and the plaintiff

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 22, 2022

Yes, and the Court will do that on its own unless one of the parties is represented by an attorney.

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: Can a officer come on private property and demand your ID if they wasn't called

Was durning an eviction, but landlord had agreed to given us more time to move the day before , in front of another officer.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 20, 2022

"It was during an eviction" - this means that the sheriff was there to execute the writ of possession. What happened the day before is anyone's guess, but once the writ of possession is posted, the sheriff is going to come out on their schedule. The answer to your question is yes -... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Q: I bought a trailer from a man for 800$ cash.. i paid hime a bill of sale. I haven't moved it yet but the man gave it

I paid in cash he gave me bill of sale I spoke w him a week or so ago and told him I had to figure out who n where I was going go move it because the guy who was supposed to backed out last minute. The man told me to keep him posted.. today I was informed tht he gave my trailer away and he... Read more »

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2022

You may sue the seller in small claims court, where it is not necessary to have an attorney. You may sue for recovery of the money lost and your court costs.

1 Answer | Asked in Civil Litigation for Florida on
Q: In Florida what is the rule or case law that prohibits courts from using previous written judgements as evidence in new

One court officer made a mistake and stated an incorrect factual finding, in all following hearings, officers of the court continue quoting this mistake as fact and using it as evidence against me.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 6, 2022

Although very difficult, it is possible to correct this situation, but not without paying an experienced lawyer to do it.

2 Answers | Asked in Civil Litigation and Gov & Administrative Law for Florida on
Q: Orange County negligently mishandled my identity which has irreparably damaged my life and career

I'm tired of hearing people say, after I explained what happened to me, OMG you need an attorney. Can an individual sue the county?

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 6, 2022

In theory, yes but government bodies may be immune from suit under a doctrine called sovreign immunity. Nobody online can give you the level or quality of advice you'd need to be able to act on your own; only an attorney whom you retain to resolve the issue can do that.

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2 Answers | Asked in Contracts and Civil Litigation for Florida on
Q: Do I have to respond to Defendant's Affirmative Defenses and move to judgement against me, plaintiff?

This is a Civil Circuit case in Florida.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 5, 2022

If you don't want your case to get confused by the affirmative defenses, and you don't want to have to deal with them if you go to trial, you can move to strike them. I'm not sure what you mean by "Do I have to ... move to judgment against me ...". For further... Read more »

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2 Answers | Asked in Civil Litigation, Collections and Real Estate Law for Florida on
Q: Can a creditor of mine put a lien on a house that my wife and I own together? It’s our primary residence.

I am thinking about filling bankruptcy, but I have previously filed (July of 2015). So if I do decide that I need to I have seven months to wait.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 3, 2022

Yes, a creditor of yours can record a judgment that becomes a lien. What it cannot do is foreclose on the lien. Should you file and your bankruptcy is discharged, this judgment will be discharged and the lien evaporates as a matter of law.

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1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: I was towed in 2020 on jan 20th in new hampshire. The tow was illegal. Is there anything i can do? My vehicle was damage

I was at the gas station to buy wine. The attendant thought i parked illegally. I went across the street to sign out from work. I had forgotten to sign out. I came back and the tow truck was there. The vehicle was not hooked yet. The cops pulled me from.my vehicle and injured my leg giving me blood... Read more »

Charles M.  Baron
Charles M. Baron
answered on Dec 2, 2022

Yes - for the police misconduct causing physical injury, search for a New Hampshire civil rights attorney. For towing company's negligence causing auto body damage, set up a claim with the towing company's insurance company (no attorney necessary, unless towing company refuses to... Read more »

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