Florida Questions & Answers

Q: Can l legally dumpster dive in florida

1 Answer | Asked in Legal Malpractice for Florida on
Answered on Sep 24, 2017

If there is a no trespassing (or words to that effect) sign on it, you would be trespassing; that's a crime.
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Q: Time Limit of a debt collector.

1 Answer | Asked in Banking and Bankruptcy for Florida on
Answered on Sep 24, 2017

Unfortunately, there is no a time limit on a debt collector. State laws govern the length of time when you can be sued on a debt, but, a debt collector can still try and collect a debt that has been barred by the statute of limitations.
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Q: I have squatters in my home that's in a trust. Can they take that home and home I share a mortgage with my girlfriend.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Sep 24, 2017

Depends on how long they have been there. If you are continuing to pay the mortgage and taxes and they have been there less than 7 years, you should be good to file an ejectment action against them. Best of Luck! Jennifer
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Q: Is dangerous trunk design that caused injury grounds for recall/lawsuit?

1 Answer | Asked in Personal Injury and Products Liability for Florida on
Answered on Sep 24, 2017

Start by taking it to the dealer to see if it is working as designed. It looks to me that it's not functioning the way it came out of the factory.
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Q: Someone passes and you're unsure if they had a will and current wife gives all his stuff to his stepkids is it illegal?

1 Answer | Asked in Contracts, Family Law, Civil Rights and Probate for Florida on
Answered on Sep 24, 2017

No. You and your siblings are entitled to a share, unless there is a will which disinherits you. There should have been a probate case filed, unless your father made other arrangements for disposition of his property upon his death.

Florida Statute 732.103 provides as follows: 

"Share of other heirs.—The part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no surviving spouse, descends as follows:...
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Q: Primary mortgage holder in great standings. Home equity load is behind 6 months. Played the refinance game, three times

1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Answered on Sep 23, 2017

It sounds like you were trying for a modification and are getting the runaround. A lawyer can assist with that process, but whether you are approved will ultimately depend on your debt to income ratio. If you have too much debt, your better option may be to file bankruptcy. Sounds like you would benefit from a consultation to see what your best options are. Best of Luck! Jennifer
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Q: I signed my Florida Workers Compensation settlement papers on 09/16/2017.

1 Answer | Asked in Workers' Compensation for Florida on
Answered on Sep 23, 2017

Why not ask your attorney?
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Q: If I rented out my home for 1/2 price in exchange for maintenance and upkeep and neither has been provided ??

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Sep 23, 2017

Probably; but can you collect it you obtain a judgment?
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Q: Rent condo in Florida, 3 years. The carpet was not new when I moved. Are there laws stating when it must be replaced?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Answered on Sep 22, 2017

There is no law that I am aware regarding a landlord's duty to replace carpets, however if the carpet is causing a health condition, there may be a remedy available for you. The difficulty you have would be to prove that the carpet is the cause of your condition. I know the carpet in my own home caused me to sneeze for years, but to prove that to my husband would have cost me many hundreds of dollars for labs and experts! I would recommend moving to a home with hardwood floors. You may...
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Q: Nonmaterialized promises of promotion?

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Florida on
Answered on Sep 22, 2017

No, not really, IMO.
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Q: I was sexually propositioned at a job interview. What can I do?

1 Answer | Asked in Employment Law and Sexual Harassment for Florida on
Answered on Sep 22, 2017

it depends on the circumstances. Did you communicate that you didn't want to have sex? Did the dog exhibit any aggressive behavior?
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Q: Small claims question

1 Answer | Asked in Small Claims for Florida on
Answered on Sep 22, 2017

Yes, if you get a judgment in small claims court, it will include your court costs (filing fee and service of process).
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Q: married but separated. at time of separation I got pregnant by someone else. can my bf do a step parent adoption ?

1 Answer | Asked in Adoption and Divorce for Florida on
Answered on Sep 22, 2017

Once you are married to him, yes. You will need to be able to give notice to the biological father.
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Q: My girlfriend lives in Mexico and we want to marry in MX then live in the U.S. what process do I need to go through?

1 Answer | Asked in Immigration Law for Florida on
Answered on Sep 22, 2017

Once you are married, you will need to file an I-130 to start the process. This will set her on the path to permanent residence through consular processing. It takes about a year to complete this process. It is a different process if she is in the US on a visa.
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Q: How can i divorce my husband who is homeless

1 Answer | Asked in Divorce for Florida on
Answered on Sep 22, 2017

In order to sue someone, including for divorce, the person bringing the lawsuit has to notify the person being sued. This notification is called “service of process.” There is more than one way to accomplish it. However, when you suspect that the other party is homeless, and there is no way to find them, a common way to give that person notice is through publication in a newspaper that circulates in a county in which the person is likely to see it.

If you want to accomplish service...
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Q: Hi I'm unsure if the assignment/subleasing clause in my lease is enforceable?(More detailed question in the description)

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Answered on Sep 22, 2017

Hard to say for certain without first reading the documents. However your thinking that a admin charge is liquidated damages is way off base. The two things are not related. And will not come into play unless a judgment is issued.

Here's another way to view this situation. The landlord owns the property and made a written agreement to rent the same for a stated period. If you as a tenant are disputing the terms of the lease or portions of the terms then you likely become less of a...
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Q: IF IT INDICATES IN MY LEASE THAT THE LAND LORD WILL MAINTAIN THE AIR CONDITIONING. DOES THAT MEAN THAT HE WILL FIX IT.

1 Answer | Asked in Contracts, Land Use & Zoning, Real Estate Law and Landlord - Tenant for Florida on
Answered on Sep 22, 2017

Best answer, since I do not have a copy of the lease to review is maybe.

Based upon the 2 years of asking and likely new or compounded issues from hurricane Irma you are probably at the point to want to seek legal action. If so then you need to consult with a tenant attorney in your area about the specifics of your lease to determine if the lease requires the landlord to fix or replace. To be clear Florida law does not require that a landlord provide AC but if the same was added to the...
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Q: Is FL strict on misclassification labor laws. i.e Employee/Independent Contractor

2 Answers | Asked in Business Law, Contracts, Workers' Compensation and Employment Law for Florida on
Answered on Sep 22, 2017

Your question would depend upon detailed information. You need to consult with an employment law attorney to go over the facts of your case to determine if you have a claim to bring for yourself.

Good luck.
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Q: My fiance & I are closing on a house soon but only her name will be on the mortgage loan.How can I be on the home title

1 Answer | Asked in Real Estate Law for Florida on
Answered on Sep 21, 2017

Probably the issue is that the lender is lending the money to your fiance based on finances. Most lenders will allow a spouse or similar to also be on title. In such case, the lender must have all owner parties sign the mortgage - but you would not have to sign the note.

Alternatively, once you are married you can have your spouse then execute a deed (joined by you as the spouse) to both of you as husband and wife.

An attorney can guide you through this documentation so that...
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Q: What are the rights of a deputy against searching a transgender person of the opposite sex?

1 Answer | Asked in Civil Rights for Florida on
Answered on Sep 21, 2017

I assume you are referring to the Prison Rape Elimination Act, a federal statute. If so, your use of the phrase "the PREA act" is redundant (in the same way "Rio Grande River" is redundant).

Also, instead of "insinuating circumstances", I assume you mean extenuating circumstances.

Finally, an expensive collection of resources on PREA is here: https://ojp.gov/programs/prisonrapeelimination.htm

I see nothing about searches of transgender individuals. But if the deputy...
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