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Florida Civil Litigation Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: What can I do to get my car that is in my name but still in my exes possession in florida?

Payments are not on time and I want to get the car paid off and off of my credit.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2022

If the automobile is titled in your name only you have a legal right to go get it, unless you were supposed to transfer it to him in the divorce.

1 Answer | Asked in Internet Law, Juvenile Law, Municipal Law and Civil Litigation for Florida on
Q: Do I need a consent form from a stranger to show them in a monetized YouTube video?

I'm planning on making YouTube videos in which I record conversations with people in public places (with a cashier, waiter, person at the park, etc.) and then use that clip to help teach people English by explaining the meaning of what I and the stranger said. My YouTube channel is... Read more »

J. Tanner James
J. Tanner James
answered on Sep 20, 2022

A signed release is always your best option. Depending on your location, you could be dealing with privacy laws AND publicity laws, and a failure to obtain a signed release could expose you to serious civil liability. Given the purported nature of your videos, I would imagine participants would... Read more »

3 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: If suing a LLC business, and the principal address and mailing address are different, which address should be served?

The business I am suing is an LLC and is also franchised. This will be a small claims case in the state of Florida. For the business I am suing, there is a principal address listed, a mailing address listed and also a registered agent name and address listed. Which of these addresses should receive... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 20, 2022

Physical address. Tell your process server all 3 addresses. Their job is to get it served.

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3 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: If suing a LLC business, and the principal address and mailing address are different, which address should be served?

The business I am suing is an LLC and is also franchised. This will be a small claims case in the state of Florida. For the business I am suing, there is a principal address listed, a mailing address listed and also a registered agent name and address listed. Which of these addresses should receive... Read more »

Mark R. Osherow
Mark R. Osherow
answered on Sep 20, 2022

Florida Statutes 48.062, Service on a limited liability company. states:

(1) Process against a limited liability company, domestic or foreign, may be served on the registered agent designated by the limited liability company under chapter 605. A person attempting to serve process...
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2 Answers | Asked in Civil Litigation for Florida on
Q: Q: A judge granted me in small claims court. The Plaintiff; was a no show at the day of the hiring,

However on the same day; at 4pm a lawyer file a document showing the Plaintiff file from Bankrupt. The court send me a letter telling me that the case still open. They asking me to respond in 30 days , or they will be dismissed the case. Please help, dealing with that for almost a year . Thank you

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 9, 2022

Sounds like 2 things crossed in the mail. If the plaintff filed bankruptcy, meaning there is a case number from the bankruptcy court, the case in civil court cannot proceed.

Even if the plaintiff did not file bankruptcy, you want the case dismissed because you are the defendant.

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1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: Can I obtain possession of my sister's ashes when I paid all expenses?

My sister passed 9/2021. I paid all expenses, equaling over $2,000, because my BIL did not have the funds. He picked up her remains since he was the husband. Now he is refusing to allow us access to her children and my mom has always wanted some of her ashes. Would I be able to be awarded... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 4, 2022

No, sorry. He is entitled by law to her ashes because he was married to your sister at the time of her death. If you can prove that the money you paid was a loan, and not a gift, you may be able to prevail in a small claims lawsuit against him. You'd have to sue him in Florida. Be forewarned... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Florida on
Q: Should I file a small class action suit or replevin? Am I entitled to any additional damages?

I paid an ac co. $6000 for a system and install. They installed everything excepts ducts then refused saying there were spiders in crawlspace. They said they would take everything, keeping $1000 for their time. I told them I now owned the equipment and not to take it unless I got a full refund.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 29, 2022

If you sue them for the $1,000 they are trying to keep, replevin would not make any sense, you would not be out they money you paid them. You might want to talk to an attorney to see if any "other damages" would be practical.

A class action suit would probably not work....
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1 Answer | Asked in Civil Litigation and Consumer Law for Florida on
Q: Should I contact a lawyer to file criminal/civil charges against Instacart for employing criminals?

My Instacart account was used yesterday to make 4 fraudulent purchases in 30 minutes. The first three purchases were for around $50 with a $490+ tip on each of the three. Each time the driver marked the deliveries as delivered right after the order was placed. The last one was made for the same... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 25, 2022

Start by calling the police for your locality. They should be interested in investigating your matter. Also, the Fla. Attorney General's Office's Fraud Hotline 1-866-966-7226 possibly could be interested. I think this issue can be solved through law enforcement, but if you must end up... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Can you make a payment plan with restitution?

I was involved in a hit and run and have to pay restitution immediately. Is there a way I can set up a payment plan?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 22, 2022

Ask the judge.

1 Answer | Asked in Civil Litigation for Florida on
Q: Is there a time frame/deadline to file a lawsuit
Charles M.  Baron
Charles M. Baron
answered on Aug 14, 2022

ALWAYS. Generally, see Florida Statutes Chapter 95 for statute of limitations periods applicable to various types of suits. Search online for F.S. Ch. 95.

2 Answers | Asked in Civil Litigation, Estate Planning, Family Law and Real Estate Law for Florida on
Q: Is there a way to sell or gift an inherited house to my daughter then sell it.

I pay 850 for child support with 1000 extra billed to me a month by mistake. I owe 110000. It is just my daughter and I and I am going to lose this house for back property taxes. I am not trying to dodge any legit payment I owe I am only trying to help my daughter and I survive. I am on disability... Read more »

Michael A. Anidjar
Michael A. Anidjar
answered on Aug 14, 2022

It is not exactly clear what has happened or will happen when you state in your question "sell or gift an inherited house" since inherited is past tense, does not clearly indicate if ownership has been accepted/acknowledged.

I also do not understand what you mean by the $1,000...
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2 Answers | Asked in Business Law, Civil Litigation and Consumer Law for Florida on
Q: Is it illegal to protest/share a negative experience with a business?

I bought into a company that claimed they were going to teach me how to be successful in a business and would provide coaching from people who had done the business. They claimed they had already worked out the kinks and would teach me to use their system and all I had to do was follow it. It did... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 11, 2022

If you convey facts that are 100% truthful, your statements do not constitute unlawful defamation. However, you are correct that "anyone can sue anyone". Are you prepared to spend many thousands of dollars to defend yourself (with an attorney)? All the other party has to do is to file... Read more »

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1 Answer | Asked in Civil Litigation for Florida on
Q: I found out the defendant in my cicil legal dispute tampered with a witness, can I file a summary judgment?

Civil*

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 5, 2022

It is not clear whether your civil dispute has resulted in a judgment against you. If so, and the testimony of the witness may have been dispositive, you would file a motion to set aside the judgment and re-open the case. If trial is still pending, you might want to consider a motion to exclude... Read more »

1 Answer | Asked in Civil Litigation, Public Benefits and Social Security for Florida on
Q: I am on a fix income I only make 861 a month and the ssa is trying to end my ssdi benefits need a free lawer pro bone

would need a free pro bono attorney to help me with my ssa case to keep my benefits i only make 861 a month

Charles M.  Baron
Charles M. Baron
answered on Aug 5, 2022

Contact your local Legal Services office that serves indigent persons. You appear to be writing from Vero Beach, in which case you could try Florida Rural Legal Services. Website: https://www.frls.org Tel. 888-582-3410.

1 Answer | Asked in Civil Litigation for Florida on
Q: objection about mediator

If the person of mediator should be set by the court, is it necessary to reasonably object to the candidates proposed by the other party in the case, or is it enough to simply declare that we do not agree with them, and judge will not appoint that mediator?

Charles M.  Baron
Charles M. Baron
answered on Aug 4, 2022

If the Court has not already appointed a particular mediator and has left the choice of mediator to the parties, the usual course of action is that each side proposes names of mediators to each other. Each side is free to reject the other side's proposals, and, if they wish, they can propose... Read more »

1 Answer | Asked in Estate Planning, Foreclosure, Civil Litigation and Probate for Florida on
Q: How can someone in jail start probate process without representation?

I have a friend whose father passed away with no will. The son did not complete the probate process and is currently incarcerated in Volusia county jail. The fathers house is in preforeclosure right now, mediation scheduled for Oct 2022. The house/land is appraised at 300K+ and about 130K is owed... Read more »

Heather Printz
Heather Printz
answered on Jul 26, 2022

In some states, the person can sign a form that can transfer that responsibility to someone else. Is there someone else the friend trusts to complete this? Depending on the resources available within the jail, it may be difficult to complete some of the tasks required.

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Florida on
Q: Civil: defendant admits under oath he walked off the job/notcomplete work, paid in full. Judge still ruled in his favor

I had the outline of what work he was to do, I paid him in full he didn't finish. In court he & his 2 witnesses admit they didn't complete the work. He also got caught lying under oath. I had proof to back up all of this. The judge ruled in favor of the defendant!

After I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 20, 2022

Hopefully, there was a court reporter present so that a record of what happened is available. If so, find an attorney to appeal ASAP.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Civil Litigation for Florida on
Q: How can I fight a final order of divorce after it's not appealable and order to vacate was denied

I have a final order for dissolution of marriage because of a default judgement. I was never served and motioned the court to vacate and it was denied. Best part that I was never married with the person because it is a void marriage. She was still married when we got married. Motioned the court to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 7, 2022

Your question answers itself: you didn't appeal in a timely manner.

1 Answer | Asked in Civil Litigation for Florida on
Q: Question about civil court process.

The plaintiff sued us for repairs in the apartment. We wrote objections to the claim. Plaintiff filed a motion to dismiss our Affirmative defense. Tell me please:

1. In the event of an Affirmative defense exception, do the terms and deadlines for the process remain unchanged? the process... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 30, 2022

You need to schedule an appointment for a consultation with an attorney to help you with the issues you present. Which procedures apply, and how they affect your pleadings, depends on which court you are in (i.e., small claims or other court). Also, some of your terminology, such as... Read more »

1 Answer | Asked in Contracts, Business Law, Civil Litigation, Small Claims and Libel & Slander for Florida on
Q: Can I be sued, and if so what can I do?

I had a small pet sitting gig where I offer pet sitting services. I was contacted by a gentleman to overnight pet sit for 10 days (06/17 - 06/26). We agreed, he paid me 80% up front. (No contract signed, no witness to the agreement) My partner and I stayed from 06/17 - 06/19, and I stayed by myself... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 23, 2022

It appears that he is threatening to tell people bad things about you, not physically attack you or anything like that. Arguably it's a threat to defame (slander) you. Could you sue him if he did? I probably wouldn't bother.

Why should you care if the police won't make a...
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