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Florida Civil Litigation Questions & Answers
1 Answer | Asked in Foreclosure and Civil Litigation for Florida on
Q: Florida. Being sued. How to ask for arbitration AND answer complaint. Strongly believe Plaintiff is committing fraud.

They have done it before (wayne frier v cadlerock joint)

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 7, 2019

Depending upon what kind of lawsuit it is, unless the documents underlying this dispute require the parties to arbitrate you can only ask the court; and if you mean you want court ordered mediation the same applies. Ask.

1 Answer | Asked in Civil Litigation and Family Law for Florida on
Q: Can you sue someone from a incident that happened 30yrs ago a family member who received the money

My son was the one who was injured 30yr ago my sis fought me for the money and won because she had temp custody anyway it was supposed to go in a trust fund like I had it set up well no one saw a penny of the money it was a lot. My son wants to sue her and he is in prison in New Jersey where do I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 27, 2019

You need not worry about where to start because you will be finished before you start. Too late.

1 Answer | Asked in Civil Litigation, Contracts, Lemon Law and Small Claims for Florida on
Q: A month ago I attempted to purchase a vehicle. Gave a $2000 down payment and was told I was approved but yet no contract

2 days after taking vehicle home, found out it needed a transmission. My salesman literally blocked me and my family from contacting him. So i filed a complaint with the Department of Motor Vehicles. 30 days later, expired tag, car doesn't move

Charles M.  Baron
Charles M. Baron answered on Sep 24, 2019

You didn't ask a question, but I suppose you are asking, "Can I take legal action against the dealer?" In your situation, you can't get a quick answer on-line. You must sit down with an attorney who will review all your documents related to the transaction and discuss the details of the... Read more »

2 Answers | Asked in Civil Litigation, Contracts and Mergers & Acquisitions for Florida on
Q: If the place I live was bought out by another company and they did not give us new leases, is this an issue?

I live in a mobile home park and I was under the impression that I was purchasing it. Basically like a mortgage payment and then a lot rent. In any case the park sold to another owner and my title is in that business name, and my lease is the original owners business name. The new owners stated... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 24, 2019

It's legally impossible to be "under the impression that I was purchasing it" if you didn't have a legal document drawn up for that purpose. I'm guessing that the new owner of the mobile home park intends to kick you and the other residents out at some point in order to turn the property over to... Read more »

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1 Answer | Asked in Contracts, Civil Litigation, Landlord - Tenant and White Collar Crime for Florida on
Q: Landlord breached lease w/Code violations. Agreed to $50/per day credit per issue (3) on record, 22 months. Help recover

Racist landlord using rental address for food stamp fraud, refused to make electric repairs, putting lives at risk. Using harassment notes and text msgs to extort money. Used address for FEMA fraud and refuses to disclose security deposit details. Multiple county code violations on public record... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 23, 2019

Move out quickly--before all these serious violations come home to roost--right where you live.

1 Answer | Asked in Civil Litigation, Real Estate Law, Personal Injury and Landlord - Tenant for Florida on
Q: If my girlfriend and I are both on the lease and in an eviction lawsuit and she moved out completely, what can I do

My girlfriend and I split up and she moved out of the condo we rent, in the middle of an eviction lawsuit with our landlord. They are trying to evict us because I found mold inside while doing repair work like painting and patching holes and i have MULTIPLE health issues due to mold exposure and I... Read more »

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

This wonderful free legal advice forum was not created for--nor intended to be--a place where people who have already hired lawyers to represent them can ask questions about their case that should be directed to their lawyers.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Florida on
Q: On the actual paperwork I was served, the father's name was incorrect. It was a name I have never heard of.

Hi, I was served a paternity summons. The "father" has had 16% time with my son, and now wants 50/50 or possibly more. Also wants me to pay for his attorney fees

On the actual paperwork I was served, the father's name was incorrect. It was a name I have never heard of. My guess is it's a... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 16, 2019

You must timely file a response to the petition, regardless of the incorrect name. If there's no way the named person can be the child's father, you would indicate that in your response. It is best for you to have an attorney representing you on this, especially since the other side has an... Read more »

1 Answer | Asked in Estate Planning, Civil Litigation and Small Claims for Florida on
Q: 5yo Funeral Bill & Fresh Beneficiary Payout

I hadn't spoken to my husband for 8 months when he died 5yrs ago & his sister voluntarily paid his funeral bill w/o asking me for reimbursement tho she asked me to sign consent for cremation as next of kin. No probate was filed; I didn't think he had anything to his name. I recently found out that... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 15, 2019

Yes, there is a statute of limitations; it's four years assuming there is no written agreement. But the sentence "Or my agreement that I repay her?" raises a question; was there such an agreement? If not, you probably would not be obligated on the original claim anyway; you were not legally... Read more »

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Small Claims for Florida on
Q: Can I get arrested just because someone said I stole something from them

This person accuse me of stealing something. Then they said if I paid for I can continue to live their. When I could not pay them the money they locked me out of the house and kept every possession than I own. Is this even legal and can I get arrested for something then I did not do. And how do I... Read more »

Ajay Pallegar
Ajay Pallegar answered on Sep 13, 2019

Typically there are two common ways one could be arrested. The first way is if the officer has probable cause to make an arrest. In order for the officer to have probable cause to make an arrest, the officer must have credible facts and circumstances present that would lead an ordinary prudent... Read more »

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1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Q: What happens if a POA (for one of the owners of home) is not approved by title company transferring title to buyer?

We are selling our home in PSL. My father, (on the title as one of the owners) has Alzheimer's, and the title company is not approving the POA we have provided. Can the buyer's sue us because of this? Should we seek legal representation?

Seril L Grossfeld
Seril L Grossfeld answered on Sep 9, 2019

Actually you should have had legal representation way before this. The contract you signed has provisions as to how much time you have to clear title problems. You need to consult with an attorney to determine whether the POA is viable, despite the title company problem with it. The worst... Read more »

2 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: Can I get arrested just because someone said I stole something from them

This person accuse me of stealing something. Then they said if I paid for I can continue to live their. When I could not pay them the money they locked me out of the house and kept every possession than I own. Is this even legal and can I get arrested for something then I did not do. And how do I... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 8, 2019

Wow, you were really victimized by a horrible person, and you have multiple legal issues to sort out. Regarding the issue of whether you can be arrested if that person tells the police you stole something, sure you can, IF the person presents credible evidence to the police that would cause a... Read more »

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1 Answer | Asked in Civil Litigation for Florida on
Q: i have to force my ex to sell our apartment . Can you help me

I have an apartment with my ex , i have to leave for my safety, he have records of domestic violence before and i had a few incidents that i have to call the police . i was recommended by the police it is states in one of the records to leave for my safety . We have a daughter , she was staying... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 5, 2019

No, you can't; but the Judge can--if you file for divorce. If you have already been divorced, file a motion to reopen the case to address all these "changed circumstances."

1 Answer | Asked in Civil Litigation for Florida on
Q: Hello, I have a question me and my ex partner when we were together we financed a car together but we are separated.

What can I do to get off the car loan? It’s affecting my credit I don’t want to share nothing together. I am a co singer and he’s the owner of the car. At the time my credit was decent now it’s not. Is their any legal action I can do to get off the car loan ?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 1, 2019

You are a co-signer but you are not on the registration? No, you can't, short of bankruptcy, avoid your obligation on this loan.

2 Answers | Asked in Real Estate Law, Civil Litigation and Civil Rights for Florida on
Q: Given that Florida is a fact pleading State, is it accurate to state that the Court must hear testimony from plaintiff ?

Throughout more than 3 years of litigation the Court has made Rulings and Judgments based entirely on Plaintiffs Counsel's motions and pleadings, adverse to me, the indigent pro se Defendant. I have not been HEARD, Judicial Bias, Motion for Recusal of Judge?The Plaintiff has never appeared or... Read more »

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

No, it's not always required that the court hear testimony.

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1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: Can an ex-fiancé Be responsible to continue to pay for an obligation that he agreed upon in a relationship?

He committed to pay for an above ground pool knowing I couldn’t afford it. I have text messages of him saying he will pay 100% prior to the break up. I also have the direct deposits for the pool payment. Now that he left (while I was at work a month ago, no notice) I’m stuck with this payment I... Read more »

Charles M.  Baron
Charles M. Baron answered on Aug 20, 2019

All facts, communications, and writings (including the agreement with the pool company) would need to be examined to give reliable legal advice. Based on your brief description here, you appear to be in a situation in which you may or may not have legal recourse - and it's a situation that would... Read more »

1 Answer | Asked in Civil Litigation, Health Care Law, Legal Malpractice and Medical Malpractice for Florida on
Q: Is there anyway I can sue the hospital for medical malpractice without my stepmother?
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 16, 2019

Assuming that your stepmother is the victim of the malpractice, no; you have no standing to sue, only she or her estate can do so.

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.

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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 »

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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 »

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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.

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