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Florida Questions & Answers
Q: I'm looking to see what an be filed appeal wise to preserve a case issue that was recently decided.
Q: I bought a new car . The bank to verify my employment. And told the bank I put in my 2 weeks noticed
Ashley Ann Krapacs' answer
Yes, the bank's purpose in contacting your employer is to ensure you have stable employment in the future to make your payments, so if you have indeed put in a 2 weeks' notice, they are allowed to provide that information to the bank.
Yes, the bank's purpose in contacting your employer is to ensure you have stable employment in the future to make your payments, so if you have indeed put in a 2 weeks' notice, they are allowed to provide that information to the bank.
Q: I have signed a 5 year lease on a commercial property. I am 5 months into the lease. The owner is now selling.
Jonathan A. Klurfeld's answer
The lease governs, and you should have had an attorney review it before signing and not signed if you did not agree with that term. Typically a new landlord steps into the shoes of the old and collects rent under the same lease terms going forward, but it sounds like you gave landlord an out and able to terminate your lease with 60 days notice. You can bring it to an attorney now, but the damage may already be done now.
The lease governs, and you should have had an attorney review it before signing and not signed if you did not agree with that term. Typically a new landlord steps into the shoes of the old and collects rent under the same lease terms going forward, but it sounds like you gave landlord an out and able to terminate your lease with 60 days notice. You can bring it to an attorney now, but the damage may already be done now.
Q: I left Venezuela to the US to seek asylum, my oldest son left to Argentina, can he still seek asylum here in the US?
Carl Shusterman's answer
It depends on his immigration status in Argentina. One potential bar to asylum is "3rd country resettlement".
It depends on his immigration status in Argentina. One potential bar to asylum is "3rd country resettlement".
Q: I sent my daughter DACA renew application. It was shipped yesterday. She has DACA SINCE 2012 and I been renewing.
Hector E. Quiroga's answer
You can wait to see if they are requested.
Alternatively, once you get the receipt notice, you can send copies of those items with a copy of the receipt notice.
You can wait to see if they are requested.
Alternatively, once you get the receipt notice, you can send copies of those items with a copy of the receipt notice.
Q: What sum cost are included on page 2 of Motion For Continuing Garnishment?
1 Answer
| Asked
in
Civil Litigation, Collections and Small Claims
for
Florida
on
Answered on Jun 19, 2018
Answered on Jun 19, 2018
Barry W. Kaufman's answer
Every county clerk website has a page of fees. I imagine that you will file the motion in person, so the cost to file the garnishment is $85.00. The sheriff will serve the writ in your county for $40.00. *Make sure you get the garnishee correct.* If the garnishee hires an attorney to file an answer to the writ, it will cost you $100.00 for the garnishee's attorney's fees. Some garnishees answer the writ without hiring an attorney to do so, so there's no garnishee attorney's fees in that...
Every county clerk website has a page of fees. I imagine that you will file the motion in person, so the cost to file the garnishment is $85.00. The sheriff will serve the writ in your county for $40.00. *Make sure you get the garnishee correct.* If the garnishee hires an attorney to file an answer to the writ, it will cost you $100.00 for the garnishee's attorney's fees. Some garnishees answer the writ without hiring an attorney to do so, so there's no garnishee attorney's fees in that...
Q: Can my sons mother take him out of town without my permission.
Rand Scott Lieber's answer
You need to red your parenting plan to see if there are any restrictions. Otherwise she can travel and you can travel with notice to the other parent.
You need to red your parenting plan to see if there are any restrictions. Otherwise she can travel and you can travel with notice to the other parent.
Q: I received a UMC Hearing notification, for Former Husband’s Motion to Reschedule Hearing - do I need to attend?
Rand Scott Lieber's answer
If you are not represented by an attorney it is important that you communicate with the judicial assistant and/or the attorney on the other side about what is happening with the case, including scheduling issues.
If you are not represented by an attorney it is important that you communicate with the judicial assistant and/or the attorney on the other side about what is happening with the case, including scheduling issues.
Q: Can I fight for custody of my 11 year old son and have him returned to Florida?
Scott Michael Weiss' answer
A lot of this depends on what court orders are in place , and what if anything has been filed in the past 2 years.
A lot of this depends on what court orders are in place , and what if anything has been filed in the past 2 years.
Q: H1B stamping: Should I answer yes or no in DS-160 for have you ever been arrested or convicted of any offense or crime?
2 Answers
| Asked
in
Criminal Law, Immigration Law and Traffic Tickets
for
Florida
on
Answered on Jun 18, 2018
Answered on Jun 18, 2018
Hector E. Quiroga's answer
It is always best to be honest. These are not the types of violations that tend to keep people out of the US, but lying on an immigration form is. It is likely they will be disclosed as part of the criminal background check, yes.
It is always best to be honest. These are not the types of violations that tend to keep people out of the US, but lying on an immigration form is. It is likely they will be disclosed as part of the criminal background check, yes.
Q: To owner finance a residential property in Florida, what documents are required?
Richard Paul Zaretsky's answer
First, let me suggest that you get an attorney to do an owner financing transaction in Florida. There are so many state and federal rules that you can likely violate that the cost will be a drop in the bucket vs. likely getting it done wrong.
IF you qualify for providing seller financing, then it is typically done with a promissory note secured by a mortgage.
That alone is enough to get you into trouble - so next step is for you to get an attorney.
Of course if you...
First, let me suggest that you get an attorney to do an owner financing transaction in Florida. There are so many state and federal rules that you can likely violate that the cost will be a drop in the bucket vs. likely getting it done wrong.
IF you qualify for providing seller financing, then it is typically done with a promissory note secured by a mortgage.
That alone is enough to get you into trouble - so next step is for you to get an attorney.
Of course if you...
Q: Do I need to form a corporation to buy an existing business in my town?
Terrence H Thorgaard's answer
There are several ways to organize a business, a corporation is one of them. You should consult with an attorney in your location.
There are several ways to organize a business, a corporation is one of them. You should consult with an attorney in your location.
Q: had credit card back in 2008 or so went to court 2010 couldn't pay it was the only supporter of family,they sent a paper
Terrence H Thorgaard's answer
It looks like they got a judgment against you in 2010. Judgments are good for 20 years without the creditor having to do anything.
Now they have garnished your bank account, or are thinking about doing so. If and when this happens, you need to get a form from the clerk of court entitled "claim of exemption" (if it hasn't already been served on you), fill it out, and file it with the court. Then ask about getting a hearing set ASAP.
If you can prove that the bank account...
It looks like they got a judgment against you in 2010. Judgments are good for 20 years without the creditor having to do anything.
Now they have garnished your bank account, or are thinking about doing so. If and when this happens, you need to get a form from the clerk of court entitled "claim of exemption" (if it hasn't already been served on you), fill it out, and file it with the court. Then ask about getting a hearing set ASAP.
If you can prove that the bank account...
Q: Can my ex-husband have joint custody of my son even though he isn't the biological parent without adopting him?
Terrence H Thorgaard's answer
I'm assuming you were divorced in Florida. What do the Ohio courts have to do with school enrollment (in Ohio, I'm guessing)?
I'm assuming you were divorced in Florida. What do the Ohio courts have to do with school enrollment (in Ohio, I'm guessing)?
Q: is it better, less expensive to have a real estate agent or a lawyer for buying a condominium
Richard Paul Zaretsky's answer
Well a real estate agent should cost you nothing since they get paid from the seller's real estate agent.
But no real estate agent can give you legal advice. Only a lawyer can do that.
A lawyer should cost a nominal amount compared to the price of the real estate you are buying. Since i don't know if the condominium is costing $35,000 or $3,500,000, it is hard to say what the cost would be. But if it is under $250,000 figure the lawyer cost will likely be around $1,000 more...
Well a real estate agent should cost you nothing since they get paid from the seller's real estate agent.
But no real estate agent can give you legal advice. Only a lawyer can do that.
A lawyer should cost a nominal amount compared to the price of the real estate you are buying. Since i don't know if the condominium is costing $35,000 or $3,500,000, it is hard to say what the cost would be. But if it is under $250,000 figure the lawyer cost will likely be around $1,000 more...
Q: in a civil foreclosure proceeding. I am representing myself and am wondering on a couple issues of process.
Terrence H Thorgaard's answer
Yes, you can draft your own motion; you don't have to use a "fill in the blanks" form.
Yes, you can draft your own motion; you don't have to use a "fill in the blanks" form.
Q: My unwed son was listed as putative father by pregnant ex girlfriend who is filing for baby’s adoption.
Terrence H Thorgaard's answer
Your question is not that clear. She named him in the putative father registry and he also signed an acknowledgment of paternity? Why did he do that?
Your question is not that clear. She named him in the putative father registry and he also signed an acknowledgment of paternity? Why did he do that?
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