Lawyers, Answer Questions  & Get Points Log In
Florida Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for Florida on
Q: Is there a way that I can sue my step mother for withholding my deceased fathers insurance. If I have proof he had

Is there a way that I can sue my step mother for withholding my deceased fathers insurance. If I have proof he had Insurance and told his mother, sisters, brother and kids what he had? Is there any way possible to sue her in any way?

Linda Liang
Linda Liang answered on Aug 16, 2019

If you have reasons to believe that your step mother is not beneficiary of the insurance and she claimed the insurance proceeds, yes, you can.

View More Answers

3 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for Florida on
Q: insurance company voided my policy for misrepresentation on application. should i cash refund check, is that admission

is that admission of guilt, they stated that when i filed out my application online (which i actually did over the phone with an agent, i answered the question falsely, but agent did ask me for much information. i am being sued due to accident my son had and i received refund. should i cash or... Read more »

Linda Liang
Linda Liang answered on Aug 15, 2019

The victim is suing you or the insurance company? If it is the Victim who is suing, you need to know you have no coverage at least at this moment. As far as whether cashing the check means admission, it is arguable because they reject your application for the reasons they believe it is true. You... Read more »

View More Answers

2 Answers | Asked in Civil Litigation, Collections and Contracts for Florida on
Q: I have a roommate who has not paid rent since past at least 2 months. How can I evict her & collect back rent?

She was given an agreement next day to sign that gave all the details about rent amount, when, where and how to pay, etc. She never signed the agreement. I asked her to provide police report, she has not produced yet. I made search on internet to find that she has a criminal record of illegal... Read more »

Charles M.  Baron
Charles M. Baron answered on Aug 13, 2019

Your best bet is to hire an attorney to give the notice that's legally required before you can file an eviction case, then to file the case on your behalf. No case can be filed unless the notice, in totally proper form, is given to the tenant. If you can't afford full services of an attorney, you... Read more »

View More Answers

2 Answers | Asked in Banking, Civil Litigation, Criminal Law and Small Claims for Florida on
Q: Can I use FL statute 772.11 in small claims if treble amount exceeds $5000 but original theft amount is less than $5000?

Money taken by custodian of FL-UTMA account the day after the minor who's bank account the name was in reached age of maturity determined by FL law s. 710.123 section (b), s. 710.107 ss. (2), and s. 710.111 (b).

Original amount of UTMA account was $12k and I can prove custodian abused... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 3, 2019

No. The small claims jurisdictional amount is $5,000. So you cannot sue for the amount by which the statutory penalty exceeds that amount.

View More Answers

3 Answers | Asked in Libel & Slander, Products Liability, Civil Litigation and Small Claims for Florida on
Q: Rented some tires left their shop and the tire flew off and the shop refuses to pay for what tore up and terminated conc

I Rented some tires from a place left their shop jumped on the expressway herd a clanking noise slowed down until the next exit got off and my tire flew clean threw the intersection and into the woods! Simply put i called the proper people got towed back to their shop and the guy got mad cause i... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 3, 2019

Rental of tires is something I've never heard of. But I suppose that, if they put the tires on your rims and mounted the rims on your truck, they should have made sure the lug nuts were properly torqued.

View More Answers

1 Answer | Asked in Consumer Law and Civil Litigation for Florida on
Q: The Jeep was repossessed because I fell behind on payments. How is it I owe the same $23K I paid for it, 3 years later.

I’m in ARCADIA, not Miami. I was trying to save it by filing Chapter 13 bankruptcy. Had they actually spoken to the attorney, they’d know this and I probably would still have my Jeep.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 2, 2019

If your Chapter 13 is still in effect, and assuming they were listed and did not obtain relief from the automatic stay, they have violated the automatic stay. Ask your attorney about it.

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Federal Crimes for Florida on
Q: How to move court for Evidentiary hearing to attack validity of forged mortgage, Florida
Ralph Behr
Ralph Behr answered on Aug 1, 2019

If the document was filed in a court proceeding and it is provably a counterfeit or fraudulent document the correct thing to do is contact a police agency and a criminal investigation will be undertaken. If a judgement was secured in the underlying mortgage civil action then the correct thing to... Read more »

2 Answers | Asked in Civil Litigation and Consumer Law for Florida on
Q: Now I need an attorney willing to go against Chrysler Capital pro bono for overcharging me for the Jeep I bought 3 years

ago after I traded my Chrysler 200. They way overcharged me so when I fell behind, they never contacted the attorney I had begun to retain for bankruptcy filing to protect my Jeep. They said they had and that he denied it. I spoke to him and he said they never contacted him. Needless to say, it was... Read more »

Charles M.  Baron
Charles M. Baron answered on Aug 1, 2019

You will likely not find a pro bono attorney with on-line inquiries, and there is no pro bono program that will automatically give you a pro bono attorney. However, there are programs that MIGHT be able to provide a pro bono attorney. For a Miami case, contact the Miami-Dade County Bar... Read more »

View More Answers

2 Answers | Asked in Civil Litigation for Florida on
Q: My roommate is trying to start & escalate arguments.

I believe our roommate is trying to make my fiance mad enough to hit him so he can have my fiance arrested. We've started looking for a new place immediately but are stuck in this hostile environment until we can move. What would you suggest we do about our roommate's hostility to protect ourselves... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 31, 2019

You must have noticed by now that it always takes at least two humans to start a fight, argue or anything else.

IMO, the best way to stop anyone from unwanted teasing, yelling, picking a fight or any other similar bad behavior is simply walk away without responding to them. It is sometimes...
Read more »

View More Answers

1 Answer | Asked in Real Estate Law, Foreclosure and Civil Litigation for Florida on
Q: I have filed a request for surplus funds from the sale of my fraudulently foreclosed upon property. MUST this be....

NOTARIZED, even tho’ I am well known? I have filed a timely request in the court, but I was not informed of this by the deputy clerk. The court evidentiary hearing date was changed from July 31 to this Monday, July 29, 10:30 am, just yesterday, Friday, at 5:03 with just a phone call. The case is... Read more »

Stephen K. Hachey
Stephen K. Hachey answered on Jul 27, 2019

Yes, any affidavit for a mortgage surplus must be notarized. UPS stores charge $10 to notarize a document.

1 Answer | Asked in Real Estate Law, Civil Litigation and Identity Theft for Florida on
Q: How to move court for Evidentiary hearing to collateray attack validity of forged mortgage

Partition action Florida, I seek rehearing of Court- ordered summary judgment that forced sale of my homesteaded condo while Discovery by me was still ongoing;

Court completely ignored affadavit and motion to declare fraud, fraud on court, cloud on title due to forged mortgage. Proceeds to... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jul 23, 2019

You really should have a real estate litigation attorney represent you in a matter this complex. The validity of the mortgage should be one of the causes of action in the complaint if you are the Plaintiff or raised both as a defense and counterclaim to the action. The affidavit would only be... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Q: In Florida does forged mortgage create cloud on title

I am jtwros in Florida . Co-owner sold my homesteaded condo via judicial order, while I was hospitized,no Commissioners appointed, without my signature on purchase agreement or any closing documents. During litigation I filed motion for hearing and affidavit that the mortgage was a forgery, fraud,... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jul 23, 2019

A mortgage creates a lien on property. Documents recorded on the public records are presumed to be correct, unless someone brings a legal challenge to the document. So unless there has been a court order declaring the mortgage to be a forged instrument it remains a valid lien on the property,... Read more »

2 Answers | Asked in Civil Litigation for Florida on
Q: If I want to sue someone who was given my dog without my consent roughly how much would I need to cover the costs?

The dog was given away without my consent 2 years and the person still will not return her - I have papers of ownership - I believe I can sue but I need to know if I can afford it before I start.

Charles M.  Baron
Charles M. Baron answered on Jul 23, 2019

Before you sue for return of the dog, you legally must submit a demand for its return, which should be in writing with proof of receipt of the demand letter. If you hire an attorney to do the demand letter, perhaps it would work. If the demand doesn't work, you need to file what's called a... Read more »

View More Answers

2 Answers | Asked in Civil Litigation for Florida on
Q: Should I file my Answer to the Complaint anyway?

I received a Complaint/Summons for a lawsuit by my former employer last Friday, e-mailed to me by the plaintiff's attorney. However, it was filed with the clerk exactly 20 days before he sent it to me, which is the same amount of time allotted to file an Answer. I have been homeless since I was... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 23, 2019

The summons, together with the complaint, has to be served on you; email is insufficient. An officer of the law or private process server has to give it to you in person. The 20 days doesn't start until that happens.

View More Answers

2 Answers | Asked in Civil Litigation for Florida on
Q: Can I file a small claims suit for a transaction that occurred in Florida, but the person has since moved out of state?

Money was lent to a person in Florida, but the person moved to NY. I want to sue him in small claims court in Florida. Can he be served in NY and compelled to appear in Florida's court?

Charles M.  Baron
Charles M. Baron answered on Jul 22, 2019

Yes! However, collecting on a judgment against him is another story, assuming he has no property or assets in Fla. After obtaining a judgment in Fla., you would have to go through a procedure in NY to domesticate the judgment there. Maybe after he is served with suit, though, he'll want to make... Read more »

View More Answers

1 Answer | Asked in Civil Litigation for Florida on
Q: Can my mother in law keep my children away from me based on assumption of drug use. But no proof?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 22, 2019

No; but if she has proof she can report you to DCF--who can make big trouble for you.

1 Answer | Asked in Divorce and Civil Litigation for Florida on
Q: Has a self representing respondent or defendant ever successfully charged opposing counsel fees for defending their case
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 22, 2019

No--because non-lawyers cannot charge legal fees for doing pro se work. That is why smart defendants hire and pay lawyers, especially when the opportunity to collect legal fees looks good.

3 Answers | Asked in Civil Litigation for Florida on
Q: My dad, a Floridian, died leaving a mortgage which is in foreclosure. As his children, are we liable for the debt?

None of us have co-signed anything or agreed to be responsible for any of his debts. Looking at a copy of the loan agreement, there is no guarantor - co-signer on the contract. Wachovia Bank, National Association Retail Credit Services has contacted us by phone & mail trying to get someone to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 21, 2019

No, you are not responsible. If they foreclose, the court would give them an "in rem" judgment, ordering a sale of the property. If the proceeds of the sale are not as much as the amount owed, they could not seek a deficiency judgment from you.

View More Answers

1 Answer | Asked in Civil Litigation, Collections, Securities Law and White Collar Crime for Florida on
Q: I own a small marketing business and I have a former client who won't pay his invoices.

I discontinued work with this particular client because I discovered he was committing what I was quiet certain was investor fraud and did not want this to affect my or my companies reputation. I later discovered that he left the state of Connecticut because he had been summoned and fined for the... Read more »

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

Unless you sue the deadbeat client and receive a Judgment, collecting all the money they owe you is nearly impossible--especially without competent counsel to help you. Look for a good lawyer using the Find a Lawyer tab at the top of every page.

1 Answer | Asked in Civil Litigation for Florida on
Q: I have been involved in a real estate litigation for 10 years as defendant. Can I be excused from Fed. Jury Duty?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

I am unaware of any federal district court in Florida that will excuse someone from jury duty because they "have been involved in a (sic) real estate litigation for 10 years as a defendant"--unless they are picking a jury for the same ancient case you are still involved in.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.