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Florida Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Florida on
Q: Code enforcement in Escambia county is pushing me into forclosure and not being able to buy my medicine.

There demands are to much for me to pay and in trying to do so I'm now being threatened with forclosure and have been doing without some of my heart medicine. I'm 65 years old and live on $870.00 per month. Now they are trying to force me to let them on my property. At the first hearing... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 26, 2022

You need to ask a question.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Libel & Slander for Florida on
Q: What type of lawyer do I need to hire in a matter of being falsely accused by an individual and targeted by the person.

I've had an individual file report accusing me of things I have not done and know nothing about with the local state and fed. This guy is targeting me because he for she rain thinks I've slept with his girlfriend or whatever she is. I don't know if this girl is feeding him a bunch... Read more »

Michael  Mayoral
Michael Mayoral answered on Jan 13, 2022

Generally speaking, a criminal defense attorney would know best how to navigate the criminal justice system and analyze what is happening in order to tell you if any crimes are actually being committed against you.

2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: How much is a permanent scar and no pigment in a knee for my 17 year old worth?

Son was in a rollover accident in someone elses car. He had an avulsion wound to the knee. He has a permament scar on his knee, he will always have to protect from sun and it will never have feeling on it.

Gregory C. Maaswinkel
Gregory C. Maaswinkel answered on Dec 31, 2021

There are too many unknowns to answer your question. For example, in addition to the scarring, are there any functional problems? Any types of vocations that he will not be able to do? Even though he is 17, did he already have a job, hobby, or career goals that may be impacted by his injuries? Are... Read more »

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1 Answer | Asked in Civil Litigation for Florida on
Q: Is there a legal document we can both sign obligating us to pay by a certain date or be in breach of contract and sued?

Me and my mother are estranged. We own a house together that we are currently selling. There is a credit card that is in both of our names for $7000. Each of us wants it payed 50%/50%. My mother doesn't trust me to pay my half so she wants to hold up the closing. She wants me to credit half to... Read more »

Jane Kim
Jane Kim answered on Dec 31, 2021

Of course, you can agree to anything you want and both of you sign. You can even write it on a napkin.

In the alternative, you can hire a lawyer to draft an agreement that will also reflect your intent.

1 Answer | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Civil Litigation for Florida on
Q: Can my car leaser add damages to my credit if I choose to return it damaged even though I have gap insurance.

Hello. I want to return my car because I plan on buying a house early 2022 and don't want a car payment listed as a bill when I apply for loans. I got into a wreck last month. I only have pip insurance. It's a fairly large dent in the driver side of the door. The person's insurance... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 29, 2021

Your plan has serious flaws in it, not the least of which is a possible legal claim from the dealer seeking the remaining monthly payments that you agreed to pay at the beginning of the lease.

Whoever told you that you can just return a badly damaged leased car to whoever leased it to you...
Read more »

2 Answers | Asked in Real Estate Law and Civil Litigation for Florida on
Q: My brother bought from my co-owner his investment in the property, 30%. Now, in a partition lawsuit he's claiming 66%.

I offered my brother to pay off the loan to my ex-partner $74,000.00 for the part that he owned in the house (30%) so that one day he could receive the benefit of my investment of $ 150,000.00 in cash. My brother accepted the offer, a contract with a lifetime guarantee. At the closing of the... Read more »

Jane Kim
Jane Kim answered on Dec 23, 2021

Try these people- https://www.clsmf.org

I am not sure if they handle your type of issue, but this is a legal aid clinic and maybe they can refer you to someone.

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2 Answers | Asked in Civil Litigation for Florida on
Q: Small claims court worth it. My mother lost her septic drain field 2 days after tree care co. removed a tree next i

They were informed of the septic drain field. 2 days later septic backed up into house. I had the septic tank pumped. The water was flowing back from the drain field indicating a possible collapse. I called the tree company & requested that they come out and look at the site. They never... Read more »

Jane Kim
Jane Kim answered on Dec 19, 2021

Small Claims court system is designed for people without lawyers. There is a filing fee, otherwise you have no risk, but your time.

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1 Answer | Asked in Criminal Law, Civil Litigation and Identity Theft for Florida on
Q: My cousin stole many valuable things of my home that belong to me and my husband including our social security cards e….

My cousin is so jealous of me and my husband lying to authorities about us both. What legal actions can I take?

Charles M.  Baron
Charles M. Baron answered on Dec 19, 2021

Your inquiry indicates that you writing from Indiana but directing it to Fla. attorneys. If this is an Indiana matter, you must direct your inquiry to Indiana attorneys. If it's a Fla. matter, more facts would be needed to evaluate this and determine what actions can or should be taken. Of... Read more »

2 Answers | Asked in Civil Litigation for Florida on
Q: I have a summons (Civil suit for debt under $8,000) and a 'Case Management Order' What can I do?

Actually my daughter and son-in-law are the plaintiff. They have verifiable mitigating circumstance and significant loss of income due to medical issues. Family is 2 adults and 2 children..... I just do not know enough to know what needs to be done to respond. They have a court date of 12/30. They... Read more »

Jane Kim
Jane Kim answered on Dec 15, 2021

This is in Small Claims Court, which is designed for people without lawyers. The process is simpler than in any other court. They should definitely appear on the date scheduled, they will be advised to file a written answer, there will be mediation between the parties and a small trial later, if... Read more »

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1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: back to back suits

hello

say i have a neighbor who blasts music 12hours per day and has been doing this for 8 months. Can I sue for the 1st month in small claims, then the second month after the 1st suit has settled. Then the 3rd month etc etc I dont see a difference if i specify the times I am sueing for... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 13, 2021

What money damage would you ask for? Suing serially in small claims seeks like an absurd way to try to keep whatever damages you are seeking in small claims court; and I don't see what you hope to gain by doing so, anyway.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Insurance Bad Faith for Florida on
Q: Is a Bails Bondsman allowed to hand cuff you, put you in a dark room, force the person signing for your bail to go to

their vehicle and get the purse of the person on bail and make the signer get into the purse and pull out a credit card and run the card for 3500 dollars and then bring the person on bail out to the desk still handcuffed and force them to sign a collateral receipt and take 50 dollars cash from the... Read more »

Charles M.  Baron
Charles M. Baron answered on Dec 12, 2021

For this issue, you must consult a criminal defense attorney (either hired by you or court-appointed). Bail bondsmen have certain limited powers to detain a defendant who has failed to appear in court while on bond. Whether the one in your situation went beyond their legal powers is a question... Read more »

1 Answer | Asked in Civil Litigation for Florida on
Q: Can I sue an Electric Company that was contracted to re-wire my house for negligence? details below.

This Company I contracted with was re-wiring my house. They left early one day and forgot to put a cover back on the breaker box outside of my home. They told me the power was off so it didn't matter. Unfortunately, there was power (100 AMPS) that was exposed to elements, my wife, kids, pets,... Read more »

Jane Kim
Jane Kim answered on Dec 9, 2021

You must show damages, and I did not read any damages for the first instance. As to the second episode, if your personal items were damaged in the garage due to their negligence, you can ask them for their insurance and make a claim there. You may also try making a claim to your homeowner's... Read more »

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Juvenile Law for Florida on
Q: corroborating evidence. How is it used exactly and what does it consist of. Dependency fl

At the adjudicatory hearing even though I was there at 9am as scheduled, although all other parties were provided with links to attend via voom, I didn’t leave the building till 3:30 that day without seeing the judge and when I asked what was going on the bailiff said I couldn’t speak to the... Read more »

Jane Kim
Jane Kim answered on Nov 28, 2021

Are you talking about a child custody issue? Why don't you repost it under family law. And in any event, clearly you need a lawyer.

2 Answers | Asked in Arbitration / Mediation Law, Civil Litigation, Construction Law and Contracts for Florida on
Q: Does refusal to adhere to a 5-year workmanship warranty create breach of contract and void the required arbitration?

Extensive damage occurred in my house after work was done by a company. The damage was undetected for almost four years due to its location. Once found, expensive repairs were required. Three outside specialists confirmed the cause of damage was the poor workmanship. The company refuses to pay any... Read more »

David H. Relkin
David H. Relkin answered on Nov 16, 2021

You ask a very good question and one that I have been asked many times. An arbitration provision is valid even if the contract involved fraud. In other words, simply because fraud was involved in the transaction, that does not void the manner in which you have agreed to resolve the dispute. This is... Read more »

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1 Answer | Asked in Personal Injury, Workers' Compensation and Civil Litigation for Florida on
Q: Reopen workers compensation case.

My attorney told me that my workers compensation claim wasn't worth anything. I got ran over by a garbage truck on 12-11-2019. I didn't receive surgery until 10-22-2020. My orthopedic surgeon put me on permanent Disability. During mediation my attorney told me the value of my case will... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Nov 16, 2021

Unfortunately, once you've settled your work comp case, and especially when a judge has enforced the settlement, there's not much you can do. Usually, if you disagree with the judge's decision, you can appeal to the First District Court, but they don't usually do much, and, most... Read more »

5 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Florida on
Q: I was assaulted by a Dollar tree manager as a customer, what type of lawyer do I need? Criminal and civil?

A Dollar tree manager assaulted me, threw, my cane, shove me & grabed my phone when I told her I was recording her because she wouldn't do a refund on things I had bought 2 mins. earlier w/receipt even though Dollar tree policy is to do so. As soon as I told her I was recording her she... Read more »

Gregory C. Maaswinkel
Gregory C. Maaswinkel answered on Nov 7, 2021

You may have a claim for personal injuries based upon assault, battery, negligent hiring and retention, negligent and or intentional infliction of emotional distress. You should consult with an injury lawyer that charges you no fees or costs unless you win. You should also preserve your phone... Read more »

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1 Answer | Asked in Contracts, Personal Injury, Workers' Compensation and Civil Litigation for Florida on
Q: Lawyer paperwork

My workers compensation case is done. I moved to another county. I've been contacting my WC lawyer to get my files so I can give them to my personal injury lawyer but she haven't been returning my calls back. Can i get my files from another facility if i live in a different county if... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Nov 3, 2021

I answered this same question under the workers' compensation topic. Here is my answer: "If your case is over and settled, your work comp attorney should have collected his/her costs from the settlement. These are costs for things, like obtaining your records, on the case. Thus, if your... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Federal Crimes and Sexual Harassment for Florida on
Q: I need an attorney to speak with from the Middle District of Florida to represent me to file a lawsuit on a court

From a federal agency that has abused me at home and in my car for eight years and two months.

Charles M.  Baron
Charles M. Baron answered on Nov 2, 2021

It's hard to tell from your brief description what your legal issue is. The word "abused" does not indicate which rights you believe were violated. (For example, the right to be free from false arrest or police excessive force, the right to freedom of speech, the right to be... Read more »

1 Answer | Asked in Legal Malpractice, Criminal Law, Civil Litigation and Civil Rights for Florida on
Q: I was arrested at my home illegally, I submitted my footage and complaint to professional Standards and a sustained…

Finding was reached. I filed a motion to dismiss on grounds of violations of my 14th amendment, not only for the illegal arrest but the Sheriffs dept, sent me a notice of my warrant, I communicated back and decided to go a more refined way and file a motion to quash Capias, it was sent back by... Read more »

Henry George Ferro
Henry George Ferro answered on Nov 1, 2021

Notice to the agency is required by Florida Statutes, must be filed within three years of the occurrence and the dept of financial services must also be served. You should also hire a lawyer to do this and handle this matter for a myriad of good reasons.

1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: I signed a car leasing contract however I did not pay a down payment and I did not get the car either. Can I cancel it?

I called less than 24hrs after signing to cancel it. I do not have the car in my possession and the down payment money was not provided because the deal will be completed if my current insurance pay for the previous car. The dealership is insisting that they cannot unwind the deal. The leasing... Read more »

Michael  Mayoral
Michael Mayoral answered on Oct 28, 2021

The answer entirely depends on the specific words and provisions on the contract. It is impossible for anyone to tell you yes or no without reviewing the exact words in the contract. You may need to pay an attorney to review the contract and give you advice on this. Consult an attorney!

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