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Florida Civil Litigation Questions & Answers
2 Answers | Asked in Contracts, Civil Litigation, Collections and International Law for Florida on
Q: Can an American living in Germany be successfully sued or have collections put against them from someone in the states?

Im an American living in Germany and do not plan to return to the states. I signed a contract with a company out of Florida regarding medical consulting in relations to a claim with the Veterans Administration (Im a vet). The company did not do as advertised and thus we are in a dispute over... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 30, 2020

Of course you can be sued. The creditor will have to jump thru some hoops to get you served in Germany though. But regardless, once you are served, its just like you lived in the states. If the creditor obtained judgment, and wanted to enforce the judgment, it would have to go through a process to... Read more »

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2 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: I broke up with my girlfriend 1 1/2 months ago. I stated that I want no contact from her. She respected that until

Today. She sent me a card with a money order for $40 that she owes me. I called her and told her that I want no more contact and I told her that I’m sending the $40 back. She emailed me that now she wants no more contact from me. Can I still mail her back the $40 with no letter or anything else... Read more »

Michael Fayard
Michael Fayard answered on Mar 24, 2020

In Florida, “harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose. I don't the act of sending the money back to her would rise to the level of causing substantial emotional... Read more »

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1 Answer | Asked in Banking, Business Law and Civil Litigation for Florida on
Q: Bank provides multiple incorrect account numbers resulting in no income for two weeks and $100 in wasted stationary.

I opened a business checking account and was provided with an account number over the phone. I gave this to my credit card processor. I later found out this account number was one digit two short. My CC processor asked for a letter from the bank to unfreeze my bank account. They provided that... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 23, 2020

Find another bank.

2 Answers | Asked in Civil Litigation for Florida on
Q: I have had my wages garnished I filed exemption and now have a hearing can plaintiffs lawyer call me on my phone

I have a hearing set but there lawyer is calling me to settle this I have payed these people a lot in past and 24 yrs later still getting money from me I’m head of household and disabled vet

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 18, 2020

The exemption hearing is for the purpose of having you testify under oath as to the circumstances regarding your exemption claim. You would be asked, for example, who you support and how much of their support is paid by you. If you WANT to talk to the lawyer over the phone you can. If so, the... Read more »

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1 Answer | Asked in Civil Litigation, Contracts, Foreclosure and Probate for Florida on
Q: FL Co-operative assessed $250K to settle negligence case with Estate of Deceased Member. How to verify disbursements?

Estimated legal fees the estate incurred for the case between $75K and $100K.

$30K were paid to creditors per probate case public information.

Estate owes Co-op $19K. Representative claims to have no money left. In conversation, representative hinted to "other parties" and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 14, 2020

If you are a member of the co-op you are probably entitled to a full accounting of all of the settlement details.

1 Answer | Asked in Employment Law and Civil Litigation for Florida on
Q: Questions about procedures and drafting of complaint...

I am filing suit pro se against former employer for retaliation and unpaid wages (attorney representation would have been ideal but am having to do this myself because attorney I retained dumped my case after 9 months of stalling and no work but I still want to be paid at least minimum wage)... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 10, 2020

Answers to your five questions in seriatim:

1. No.

2. Not that I am aware of.

3. Plead all damages in all counts.

3 (sic). No--and no copies of relevant pages either. Just identify the case.

4. Ask for whatever you want; the defense will enlighten you.

1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: My sister in law has sole custody of her two kids, both minors. The father gave up rights, need help with poa.

She wants to give her sister power of attorney, she has had some medical issues and wants to make sure there is care of kids if needed until 18. Does a standard poa hold up if her sister has custody to take care of kids if father comes along latter and try’s to challenge it? Mother has full... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 5, 2020

The Florida court that granted your sister-in-law sole custody of her two minor children still has jurisdiction over all custody decisions involving the minor children. Translation: No POA will work. Your sister-in-law cannot just pass her children over to her sister--or to anyone else--without... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: I would like to find the status Case No. 3:2019cv01713 filed in the Southern Dis. of CA in Sep 2019. Last entry

was Oct 21st as listed on the "JUSTIA Dockets & Filings" Page. I don't have access to PACER. Can you tell me how I find the current status of this case. Thanks

Charles M.  Baron
Charles M. Baron answered on Feb 28, 2020

Subscription to PACER is free and open to the public, so there's no reason to ask an attorney or help site to look up a case for you. If you're not sure about the meaning of what you see on the docket or on a filed document, then seek legal advice. The only charge for PACER usage is 10 cents per... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Florida on
Q: What’s the difference between a seven day notice and an Eviction notice
Jennifer Hanson Copus
Jennifer Hanson Copus answered on Feb 26, 2020

There are two types of seven day notices. One is with the right to cure the lease violation and one is without the right to cure the lease violation. If you have received a seven day notice WITH right to cure, this is generally due to a technical violation of the terms of the lease, other than... Read more »

2 Answers | Asked in Animal / Dog Law, Civil Litigation and Civil Rights for Florida on
Q: Should I get a lawyer & is my case strong? can I sue for my time being wasted in court when I don’t have time for this?

I make the payments for the dog everything is in my name. Took it to grooming etc. The dog was a gift to my family, ex thinks it was a gift to her as well because she would take it on weekends & do things with him, buying him toys & grooming as well, voluntarily when we were together. when we broke... Read more »

Charles M.  Baron
Charles M. Baron answered on Feb 25, 2020

You didn't say whether your ex was married to you or not, but I assume you were not married because if you were, this would be an issue in dissolution of marriage proceedings in the family court. I assume you mean she filed suit in small claims court. Answer to question, "Should I get a lawyer?":... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights, Collections and Small Claims for Florida on
Q: In Florida, is there a usual or set fee to send a letter of demand on money owed, or does it vary by lawyer or firm?

Have a copy of a hand written agreement by the person who owes me the money & notarized, for a specific amount to be paid per month. (Along with texts of agreement being made and pics sent by them of the letter while being written.) The payments have not been received since the initial payment of... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Feb 25, 2020

The fee is whatever you and the lawyer agree upon.

1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: were can i find the 2010 ga offical code 9-11-119 form. Trying to have a summons thrown out due to improper venue state

I received a summons from my soon to be ex-husband for divorce, but he filed in the wrong state and I am a resent of the state of florida.

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 20, 2020

If he is a resident of another state, Georgia I assume, the courts of that other state have jurisdiction. It doesn't matter that you reside in Florida. Most states require that a divorce plaintiff have resided in that state for a certain period of time; in Florida, for example, it's 6 months. On... Read more »

2 Answers | Asked in Civil Litigation, Contracts, Civil Rights and Small Claims for Florida on
Q: Is sending late notice of payments owed on a notarized written agreement over a home via email counted as harassment?

Wife & I rented a home with a friend during the beginning of her divorce paying all initial costs, etc. After a short time, it was clear it would not work. After multiple attempts to discuss options, the only option she would agree to was her keeping the home. This meant having us replaced on the... Read more »

Charles M.  Baron
Charles M. Baron answered on Feb 17, 2020

She can report anything she feels like, but I suppose you're asking if you are at some kind of legal risk if she does. It's unclear from your description if you're talking about just one solitary email asking for payment that triggered her reaction, but if just the one, there should be no legal... Read more »

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1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: If someone is shown favoritism because of their political parent’s status is it against the law?

The guy got out of getting a ticket after he did hit me because of who his parents were?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 16, 2020

No. Concentrate on protecting yourself rather than punishing others you don't like.

1 Answer | Asked in Criminal Law, Real Estate Law and Civil Litigation for Florida on
Q: is it fraud if someone rents a room out which is against the Home Owner's Association rules

I was renting a room for the past three months and it has come to my attention the Home Owner's Association wants me to move. The person who was renting me the room knew he wasn't supposed to do this. Is this fraud and can I get my three months rent back? I am a senior citizen, disable, and my... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 16, 2020

No, this sad behavior cannot be fit under the umbrella of “fraud” either by the renter or by the HOA. And even if it could you would lose because you received all you expected and all you were entitled to receive: three months of a roof over your head.

1 Answer | Asked in Civil Litigation for Florida on
Q: FAILURE TO APPEAR

i was served notice to appear for a civil suit (credit card debt). I immediately called the creditor and paid the debt. I then received a dismissal letter. The pretrial date was 2/12 but on 2/11 there is a court document for voluntary dismissal with prejudice from the plaintiff. Since it was... Read more »

Charles M.  Baron
Charles M. Baron answered on Feb 14, 2020

You are correct that you don't have to appear after dismissal. To have peace of mind, however, you can check the on-line court docket and see all filed court orders. Google: court clerk records search [insert your county]. Then look for civil court records. Then find the search field where you... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Got a subpoena for my bank and paycheck and tax and bills i pay. Collections company

Judgement was done back in 2008 for sears credit card. Recently I got this Subpoena to submit all my personal bank and work and tax info. I do not see how they are able to demand my personal information. This is from the attorneys in Tampa fl that have sent this. Do I have to send this... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 14, 2020

If Sears sued you for the credit card debt and if the Judgment against you was entered in 2008, then it is still good for another 8 years under Florida law. However, if the amount is significant you should hire a collections defense lawyer to review all the facts before responding.

1 Answer | Asked in Civil Litigation for Florida on
Q: What can I do about getting billed without a invoice from a rental car company?

a car from Easirent on 10/24/19 With a empty tank of gas we drove to Publix to get a mini pass.

We called and registered the pass. Then drove to Key West and parked the car and di not return until 10/27/19. Without sending an invoice or any form of communication Easirent billed y credit... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 8, 2020

This is not a legal question; nor do these facts raise a legal issue.

1 Answer | Asked in Civil Litigation for Florida on
Q: I am attempting to file a civil theft suit against a tow company that illegally towed and sold my truck. Ive sent

Sent the demand letter. I’m struggling to find out what form I file the complaint on. And if I’m suing for $15,000 the treble damages are $45,000 I’m not sure which figure I use to initiate the suit?

thank you

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 5, 2020

Unless you are trying to file in a small claims court there are no forms you can just fill in. And if you are trying to get to small claims court you cannot sue for more than the limit.

1 Answer | Asked in Business Law and Civil Litigation for Florida on
Q: Bride Signs contract yet revokes CC charges on custom order gown

I feel like no matter the Signed contract agreement stating no refunds, non refundable, no exchanges... the CC companies always follow suit with the client and we loose thousands of dollars when they don't get their way or don't like the rules. Despite agreeing to them and signing the wedding gown... Read more »

Charles M.  Baron
Charles M. Baron answered on Feb 1, 2020

You might wish to add to your contract, if you don't have it already, an attorney's fees clause that states in the event you must take collection action and incur attorney's fees, the debtor is liable for those fees. You should have an attorney draft it. You might also wish to have a big sign in... Read more »

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