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Florida Civil Litigation Questions & Answers
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 »

1 Answer | Asked in Civil Litigation for Florida on
Q: Pharmacist told me today that I need to buy Narcan by next month or will she will not fill prescription which she has

Today my pharmacist tells me that because of two medications that I'm taking I do take a narcotic pain medication as I've had 4 back surgeries three of which have been in the last 2 years anyways she tells me that I have to buy Narcan by next month or she will not fill my prescription even though... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 31, 2020

Unless the pharmacist is a wacko, she's likely making that statement due to something she sees on her computer system for your medical instructions. It's doubtful that she would be risking her license by lying to you. Have you tried another pharmacy? If a second pharmacy says the same thing,... Read more »

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Florida on
Q: Is it a conflict of interest? I had a lawsuit against a city awhile ago and now my husband has a lawsuit against them

so if the same department is handling it is that a conflict?

Michael Fayard
Michael Fayard answered on Jan 30, 2020

No. Based on the information you provided that is not a conflict of interest. If the city is liable for both you and your husband’s injuries that is not a conflict.

An example of a conflict of interest would be if a lawyer represented you in a matter and then the same lawyer tried to sue...
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1 Answer | Asked in Civil Litigation and Probate for Florida on
Q: My father owned a thrift store and his girlfriend forged a Will stating that my father left everything to her daughter

I have an experts report stating that’s not my father signature but the girlfriend and her daughter are selling all his merchandise from the thrift store & we are waiting for a hearing from the courts. Is there anything I can do to stop her and her daughter until the hearing is set?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 27, 2020

Yes, have your lawyer seek an immediate preliminary injunction by filing an emergency motion.

1 Answer | Asked in Civil Litigation and Probate for Florida on
Q: What can I do if my fathers girlfriend is selling items from his store without the courts deciding who is administrator
Seril L Grossfeld
Seril L Grossfeld answered on Jan 27, 2020

If its your father's estate you are presumably an interested person. Go to a probate attorney and petition to open the estate, get appointed personal representative and ask to either continue or close the business, then you can try to have the girlfriend account for what was sold and turnover... Read more »

1 Answer | Asked in Civil Litigation, Family Law and Elder Law for Florida on
Q: Thank you please tellm theres any laws In Puerto rico that obligate daughters to be responsible for the erdely father,
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 23, 2020

Most Florida lawyers are NOT from Puerto Rico and thus have no idea what the laws of Puerto Rico have to say about the obligations of children to be responsible for their elderly father. Search for a Florida lawyer who advertises their ability to practice in Puerto Rico.

1 Answer | Asked in Civil Litigation and Legal Malpractice for Florida on
Q: How long can a fired attorney in FL withhold a settlement?

If multiple insurance companies are being sued and 1 settles, and the settlement check put in escrow by attorney. Client then fires attorney and hires new attorney who takes over case. Can the fired attorney continue to withhold the settlement and for how long... or does fired attorney have to... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 22, 2020

There may be circumstances in which the attorney can hold the settlement funds in his/her trust account, pending global settlement of the case, but if he/she does, he/she must fully communicate with you the reasons for doing so, and might also need to file a motion in court to determine what to do... Read more »

3 Answers | Asked in Civil Litigation, Consumer Law and Contracts for Florida on
Q: I am being sued by a credit card company. Is there an attorney that can help me settle before the case goes to court?

I don't have enough money to pay in full. I haven't been served yet. But I know the case is open according to the clerk of court.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 7, 2020

Speak to a debtor's attorney in your area that can advise you of your different options.

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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Florida on
Q: Recieved a subpoena to appear again in court, can I get out of it?

Witnessed a robbery /crime in my store, I gave in my testimony and appeared at the deposition.Was given a second subpoena to testify in front of a jury on the 14th of jan...I dont want to be involved in this anymore..I'm trying to have a baby and this has been stressful for me.

Stephen Shaiken
Stephen Shaiken answered on Dec 29, 2019

If you are subpoenaed, you must appear unless excused. If you believe there are reasons to be excused, best thing to do is hire a lawyer to deal with the situation.

2 Answers | Asked in Civil Litigation for Florida on
Q: How to request a hearing on a motion to dismiss.

Was sued but not served, no affidavit of service is recorded. I found out about the suit from another defendant. I filed a motion to dismiss due to Insufficiency of Service of Process. It has been 10 months since I filed the motion to dismiss and no filings or hearings, nothing at all has taken... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 27, 2019

It appears that they may be still trying to serve you Did you indicate your physical address in your motion?

To have your motion heard, call the judge's judicial assistant and ask for a hearing date and time. Then serve (by mail or email depending upon their address of record) a...
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1 Answer | Asked in Legal Malpractice, Child Support, Civil Litigation and Public Benefits for Florida on
Q: How do I file a response to a motion from DOR for ridirection of payment?

I received a motion that my very bad attorney said nothing about and that was on the 5th and I went into the hospital for cancer surgury right after. My ex has been fraudulently receiving medicaid benefits while she has been running a lucrative side business and I have the PI reports. I have never... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 25, 2019

Even if your attorney has moved to withdraw, she is still obligated to respond to this motion until her motion is granted. Condition your consent to withdrawal upon your being given sufficient time to find another attorney and for that attorney to respond to the pending motion.

1 Answer | Asked in Civil Litigation for Florida on
Q: where do i get a form for interrogatories to serve on my defendant? Thanks.

I need a blank interrogatories form to serve on my defendant in Orange County (FL) Civil (Small Claims) Court. I tried the internet. Can't find it anywhere. Do you know of a site where they could be printed out?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 18, 2019

These days you can find whatever you think you need on the Internet. Start by using Google and go from there.

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