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1 Answer | Asked in Bankruptcy, Consumer Law, Estate Planning and Collections for Florida on
Q: 2006 Judgment Still an Issue--New Developments

01/2003 A credit card debt was acquired by Sarasota CCM and they obtained a judgment in in Illinois.

01/2009 I moved to Florida and three years later they registered the judgment in Florida.

09/2000 They garnished a checking account.

No communication from them between... Read more »

Charles M.  Baron
Charles M. Baron
answered on May 26, 2023

Three options (other than paying in full): 1. Attempt to settle up, such as by offering X cents on the dollar and/or paying in monthly installments over X number of years; 2. File for bankruptcy if eligible (consult a bankruptcy attorney); 3. Determine if you are judgment-proof and can just let... Read more »

1 Answer | Asked in Traffic Tickets for Florida on
Q: Got a speeding ticket and cop changed the amount to a higher number after ticket was printed. Can he do that?

I got pulled over for speeding in Palm Bay Fl. Cop wrote the ticket and he was mad that I asked for why I didn’t get a warning. Had to try

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Good rule of thumb is don't upset the police officer that is writing you a ticket, you may get something you don't want. Is it invalid? Depends. If he originally gave you a break and wrote a lower speed because he though you had a good attitude then you were a jerk, it is not invalid,... Read more »

1 Answer | Asked in Contracts, Products Liability, Construction Law and Personal Injury for Florida on
Q: Inspection

The windows were bought and installed by Lowes in 2019. We just recently discovered they are all pulling away from our home at the top, allowing daylight, air, wetness in from the outside. You can see mold visibly in some spots. I, myself have had continuous breathing issues to the point that I had... Read more »

Charles M.  Baron
Charles M. Baron
answered on May 24, 2023

You indicated that numerous lawyers have told you they cannot be of help. Did they provide the specific reasons, including principles of law and issues of proof, that caused them to decline the matter? That's step number one - to meet with a lawyer (either in person or virtually) to go over... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: LAWS REGARDING? MY LEASE WAS FORGED WITH MY SIGNATURE & BACK DATED, RETURNED WITH NONE OF MY NOTES, IT WAS 32 PAGES.

1. ON 3/23 I SENT SEVERAL EMAILS ASKING FOR MY "ORIGINAL LEASE I SIGNED WITH MY NOTES". 1 MONTH LATER STILL NO RESPONSE.

2. I APPROACHED ASST. TO THE MANAGER, WHO ADMITTED RUDELY [in front of other residents] "IT'S A LEGAL DOCUMENT, YOU ARE NOT SUPPOSED TO WRITE... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 24, 2023

Send them written notification by certified mail that what they gave you was not the same as what you signed. If they seek to enforce terms different than what you signed, you can try to prove the different terms. But unless you kept a copy including your 'notes' and missing pages, you... Read more »

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2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: LAWS REGARDING? MY LEASE WAS FORGED WITH MY SIGNATURE & BACK DATED, RETURNED WITH NONE OF MY NOTES, IT WAS 32 PAGES.

1. ON 3/23 I SENT SEVERAL EMAILS ASKING FOR MY "ORIGINAL LEASE I SIGNED WITH MY NOTES". 1 MONTH LATER STILL NO RESPONSE.

2. I APPROACHED ASST. TO THE MANAGER, WHO ADMITTED RUDELY [in front of other residents] "IT'S A LEGAL DOCUMENT, YOU ARE NOT SUPPOSED TO WRITE... Read more »

Charles M.  Baron
Charles M. Baron
answered on May 24, 2023

First, forgery is a crime that can be reported to the police, and can result in arrest. Whether you should report it in your situation is a decision for you to make based on factors that include the relationship you wish to have with the landlord and any potential retaliation (though retaliation... Read more »

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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: I need to know the status of the trademark for the triple goddess image. Triple moon image it seems as it is inactive

If the trademark has expired and is in active I would like to know the steps I need to take for putting this in my name and re-trade marking it

N'kia (NLN)
N'kia (NLN)
answered on May 24, 2023

For federal trademark registration status, you could search the records of the US Patent and Trademark Office (USPTO). The database is known as "TESS." For state trademark registration status, you would need to search the records for each state.

However, keep in mind that the US...
Read more »

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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: I need to know the status of the trademark for the triple goddess image. Triple moon image it seems as it is inactive

If the trademark has expired and is in active I would like to know the steps I need to take for putting this in my name and re-trade marking it

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 24, 2023

The cancellation of a federal registration may be due to the owner's failure to file the periodically required specimens to prove the mark is still in use. But if indeed the mark is still being used by its owner, that would be grounds for opposing your registration of the mark.

You...
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2 Answers | Asked in Civil Litigation for Florida on
Q: Does filing a petition to remove a case to federal court exempt a defendant from adhering to Florida’s Rule 1.140?

Florida’s Rule 1.140 require defendants to file affirmative defenses within 20 days of bring serve. Does filing a petition to remove a case to federal court exempt a defendant in Florida from complying with Rule 1.140 and responding to a complaint within 20 days?

Charles M.  Baron
Charles M. Baron
answered on May 24, 2023

Generally, removal to Federal Court is not by petition, but rather by notice of removal that requires removal without needing State Court approval. Then the plaintiff may then file a motion to remand the case back to State Court if there are any grounds to do so, including technical defects in the... Read more »

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1 Answer | Asked in Employment Law, Contracts and Immigration Law for Florida on
Q: Can I get in trouble if my employer is never asked me to fill out an I-9 form?

My friend has been working for a company for a little shy of a month now and thier employer's have never asked him to fill out an I-9 form. They have been getting paid (direct deposit actually) bi-weekly. I'm worried about him getting in trouble for it.

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

Relax. The rules re: I-9 forms put penalties on the Employer, not the employee. If your friend is really worried, you can always download an I-9 from the IRS and fill it out to submit to the employer. Keep a dated copy. BUT if the employer is not asking for it and is not taking out employment... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: Complaint of Conspiracy to commit Grand Larceny, subject of Larceny is real estate in NY, one suspect is in FL,

the other is in Georgia, in what jurisdiction should the complaint be filed?

Jonathan Blecher
Jonathan Blecher pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2023

The decision where the criminal complaint is filed is made by the respective prosecutors based on the facts of the case and the laws of each jurisdiction. Generally, cases are filed where the crime (s) occurred or where the subject of the property crime exists. It's also possible to have... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: Is a mortgage with a beneficiaries' property automatically assumed by beneficiary

AS PR, do I have to get assignments to distribute commercial property with mortgages, or does the mortgage go with property automatically?

James Clifton
PREMIUM
James Clifton
answered on May 22, 2023

If the mortgage is in the name of the deceased, it is actually a debt of the estate that should be paid by the estate. If the debt cannot be paid by the estate the property should be sold or if a beneficiary chooses to receive the property subject to the mortgage, the beneficiary should be required... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can an apartment renew your lease without Knowledge after stating that there will be no renewal/ month to month?

Then evict 2 months later?

Joseph Sternberg
Joseph Sternberg
answered on May 22, 2023

Both parties are required to sign any lease, whether it is a renewal or a first lease. However, if there is a clause about a lease renewing, you would need to review that clause in your lease.

Often a renewal clause will state who (usually the tenant) has the option to renew. In such a...
Read more »

5 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Florida on
Q: Should my HOA inform us if they are using a toxic chemical for yard services (i.e. Round-up) ?
John Michael Frick
John Michael Frick
answered on May 22, 2023

Maybe, but there’s no legal requirement to do so.

Round-Up provides a great illustration why. The FDA has determined that Round-Up is not harmful to humans after very extensive research and analysis. Yet there are some who disagree. There is even litigation over this particular...
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5 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Florida on
Q: Should my HOA inform us if they are using a toxic chemical for yard services (i.e. Round-up) ?
Charles M.  Baron
Charles M. Baron
answered on May 22, 2023

Yes - if you request the information and that info is in their possession, but otherwise, probably not. Request copies of all contracts with such service providers, all invoices, all receipts for items purchased for the services, all documents showing materials and chemicals used, and whatever... Read more »

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: What happens if the respondent changes a marital settlement agreement in Florida without filing a counter petition?

Also what happens if the notary did not check either "personally know to me" or "produced identification" and neglected to mark the type of identification on the edited document?

Rand Scott Lieber
Rand Scott Lieber
answered on May 22, 2023

A marital settlement agreement is a contract between the parties. It cannot be changed unless both parties sign off on the change. Amendments to a marital settlement agreement are not directly related to whether there is a counter petition or not. The missing notary check mark is probably not... Read more »

1 Answer | Asked in Family Law, Child Support and Child Custody for Florida on
Q: My 13 year old daughter says she wants to go live with her dad.

We were never married and never went to court. She’s always lived with me, I’ve never collected child support. Have not gotten any financial help in over 4 years and before that it was always minimal. Can he put me on child support if she goes to live with him? How can I prevent this?

Rand Scott Lieber
Rand Scott Lieber
answered on May 22, 2023

If you have never been to court then you have full control of timesharing (custody). The only way child support would be triggered is if one of you (parents) goes to court on a paternity action. You could pursue child support going back in time up to two years. He could pursue child support moving... Read more »

1 Answer | Asked in Divorce, Foreclosure and Family Law for Florida on
Q: Can a Judge put a stay on a foreclosure of your homestead property while going through Divorce?

Husband filed a DV Injunction and a Judge gave him temporary possession of the home and put me on the streets and wasn't making payments on the house or the home equity line of credit. I dont know what he told the post office but they returned my mail and anything with both names on it, they... Read more »

James Clifton
PREMIUM
James Clifton
answered on May 22, 2023

The judge in the divorce case cannot put a stay on the foreclosure, generally. However, the judge can order one or both spouses to make payments. If either spouse fails to make payment, the judge can hold that party in contemp of court.

To stop the foreclosure, you need an attorney to...
Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Immigration Question

Hello, I have a friend who came over as a one year old and she is now 22, legally married to an American citizen and is expecting their first child. She only has her foreign passport since she came over without consent as a baby. What are the steps she has to take to get her citizenship? She would... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on May 22, 2023

Before seeking citizenship through naturalization, she would need to first apply for U.S. legal permanent resident status. Whether she entered on a visa and overstayed or entered without inspection will dictate which path the case takes. If she entered originally through an official port of entry... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: US citizen sponsoring 2nd husband

Im a US citizen, i sponsored my first husband back in 2009 ,he got his green card at the beginning of 2011 and then problems started between us right after he got his PR so i divorced him in dec of 2012, i got married again in 2018 and i would like to sponsor my second husband this year for a PR,... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on May 22, 2023

The fact that one has previously sponsored an ex-spouse does not automatically foreclose sponsoring a second spouse. USCIS will simply look at your facts to make sure this is not, e.g., a pattern and practice of marrying foreign individuals, for example, to earn money. The measure for approval... Read more »

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1 Answer | Asked in Social Security for Florida on
Q: i've been denied ssdi twice due to lack of required amount of work credits. is there a way around this to get ssdi?
Susan Michele Schaefer
Susan Michele Schaefer
answered on May 19, 2023

Knowing the rules Social Security uses regarding work credits and insured status should help you. The number of work credits you need for SSDI disability benefits depends on how old you are when your disability began, so your alleged onset of disability can make a difference. For example, if you... Read more »

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