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Florida Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation, Civil Rights and Collections for Florida on
Q: I'm being sued for replevin on a rent to own shed. I missed the first summons but judge denied default for 7.060 & 7.170

In 2000 I signed a rent to own new shed. When they delivered it they caused damages. I reported the damages and they said they would come replace all damaged. They did not. I started making payments on it and paid about two years which is close to cash price. My car broke down and I got behind on... View More

Jane Kim
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answered on Jan 28, 2024

Sounds like it is in small claims court and you are required to appear. The Judge or the court personnel will explain what is happening and what you are expected to do next. But you must enter an appearance or the other side will obtain a judgment against you.

Good luck.

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1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Florida on
Q: I am a property owner of a 4-plex in which a rental co has long term lease for all units.

Can I trespass their maintenance worker/gardener if they are defacing my property during the course of their work. Example, spray painting on building where they want tenants to place trashcans, even after they have been told by property owner that they will be placed somewhere else.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 28, 2024

Depends on what you mean by "trespass". You probably can get away with peaceably confronting the worker and notifying them that you are the owner and that they are not to deface your property. Follow it up with a mailed notice to the lessee, perhaps from your attorney.

1 Answer | Asked in Civil Litigation for Florida on
Q: looking for a lawyer to bring litigation against Mr Cooper (mortgage) who was negligent in protecting SSN & bank info.

Mr Cooper lost the personal data including SSN, Bank Info, Addresses, Driver License info, etc of all of their current & past customers due to cyber security negligence. Additionally, their response to the incident was to provide a few year of credit monitoring through Transunion, which is... View More

Jane Kim
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answered on Jan 22, 2024

Unauthorized disclosure of protected information happens when your private information is shared with a third party without your consent and a third party that did not have a business relation with Mr. Cooper. Otherwise, the fact that it was "lost" does not mean much. It must be SEEN by... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: In Florida can a pool company that just does pool cleaning file a lien for unpaid disputed charges for cleaning services
James L. Arrasmith
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answered on Jan 21, 2024

In Florida, a pool cleaning company typically can file a lien for unpaid charges related to their services, even if there is a dispute about the charges. However, there are specific requirements and procedures that must be followed.

First, the pool company must comply with Florida's...
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1 Answer | Asked in Contracts and Civil Litigation for Florida on
Q: Can I still file a Motion to Enlarge Time to File Response if Plaintiff's attorney has said they wouldn't approve?

Can I just file it with the court, or does opposing counsel have to approve/accept it?

I asked them for a 30 day extension so that I can find adequate counsel and they said they wouldn't allow it.

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 18, 2024

Yes, that's your only option. Either you or the plaintiff's attorney can set your motion for hearing. "I need more time to find an attorney" is generally not a good reason for the judge to grant your motion. My suggestion is to file your motion, and be working real hard to hire... View More

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: Is my lease still valid if I signed 8/2023 come to find the company’s LLC dissolved in 9/2022?

I am having to move and they are saying I have to pay remainder or rent for 6months including my deposit, have heard shady stuff about the company so I did a quick search and found this out. I’m in Orlando, Florida

Jane Kim
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answered on Jan 7, 2024

It depends how the lease was signed. Also, the LLC may not be the right party to the lease but the terms may inure to an individual. You need to read the lease to understand more. Basically, they shouldn't be creating new terms, and you shouldn't be unjustly enriched because the LLC... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Hello,I am a locksmith in South Florida and i have a situation of a customer refusing to pay ($182) after i made her a
James L. Arrasmith
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answered on Jan 5, 2024

In your situation as a locksmith facing a customer's refusal to pay for services rendered, it's important to approach the matter methodically. Initially, try to resolve the issue directly with the customer. Sometimes, clear communication and understanding the reason for non-payment can... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Expensive rug in exchange for handyman work

My neighbor wanted an expensive rug I had to give as a gift but she didn't have the $400 I was asking for it, she offered to do work around my home in exchange for it and I agreed. She asked for the rug before the holidays so she could give it to her daughters. Two months later She still... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 5, 2024

Regarding your last question, the amount in dispute (assuming it's either $400 money or $400 worth of work) is too little to make it financially worthwhile to hire a lawyer. You might have a potential claim worth pursuing in small claims court, representing yourself - but it's hard to... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Family Law for Florida on
Q: How do I file an invasion of privacy motion in a civil family law case?

My sons father held my phone hostage while I was in the Emergency Room and went through my phone, without my consent through years of texts, social media and personal data. Sent himself the private communication, then contacted family relatives with false accusations and shared these images... View More

James L. Arrasmith
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answered on Dec 23, 2023

In Florida, the situation you're describing concerning the invasion of privacy by your son's father is serious. To address this within the legal system, there are a couple of steps you can take.

Firstly, you can consider filing a motion in your existing family law case,...
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2 Answers | Asked in Civil Litigation for Florida on
Q: Do I HAVE to provide my SSN on form1.977 or is there a way around it? Defendant is my stalker.

Do I HAVE to provide my SSN on form1.977 or is there a way around it? Defendant is my stalker and obsessed with causing problems for me, he can not be trusted with my SSN.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 23, 2023

Technically yes, but if you don't, the other party has to bring that issue to the Court on a motion to compel, and the Court would likely have a hearing on the motion. You could then explain the situation and hopefully the court would side with you.

Sounds you sued the defendant, the...
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2 Answers | Asked in Civil Litigation, Criminal Law, Personal Injury and Civil Rights for Florida on
Q: My father was arrested in 2020. An officer came to his house to serve a subpoena for an upcoming hearing for myself.

The officer opened a closed gate and enter into my father's property. My father was inside his home in the kitchen which is approximately 12 feet from the front door. The HVAC air handler is located in the kitchen and my father was working on cleaning the unit at the time. The officer claims... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 21, 2023

For your father to determine if he has potential valid claims for false arrest/false imprisonment and/or malicious prosecution, he must schedule a consultation with a civil rights attorney in his area. There is no way to get a reliable answer to this question in any online forum. For a lawyer to... View More

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1 Answer | Asked in Civil Litigation for Florida on
Q: Backhoe left on my Georgia property for three and a half years and i had it removed and taken to Florida

it was taken there july 2020 for some work, then the supposed owner died and it got left there. i got frustrated because it didnt run and blocked my barn and the ownership was questionable, so i had a mechanic from florida go get it running enough to load it and take to his property in florida.... View More

James L. Arrasmith
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answered on Dec 19, 2023

In your situation with the backhoe left on your property in Georgia, several legal considerations come into play. First, it's important to understand that the laws governing abandoned property vary by state. In Georgia, there are specific procedures for dealing with property that someone... View More

2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: My boyfriend just moved out. He left things that he says he wants to come back for. He is not on the lease.

I paid for nearly all the items he wants to take. Additionally he says he is going to come back with the police and force me to let him take them or have me arrested. Do I have to allow him to take what I paid for or what was purchased for the home? Can I file anything with the court to refuse his... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 9, 2023

I fully agree with Mr. Nkwoka's answer, with one caveat. If your intent, when or after paying for an item, was to convey the item to your ex as a gift, then you cannot rescind the gift. The item would legally be his, notwithstanding that you paid for it. But if he left without taking any... View More

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2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: My boyfriend just moved out. He left things that he says he wants to come back for. He is not on the lease.

I paid for nearly all the items he wants to take. Additionally he says he is going to come back with the police and force me to let him take them or have me arrested. Do I have to allow him to take what I paid for or what was purchased for the home? Can I file anything with the court to refuse his... View More

Charles Chukwuma Nkwoka
Charles Chukwuma Nkwoka
answered on Dec 8, 2023

In Florida, property rights and disputes between unmarried cohabitants are generally governed by principles of contract law and property ownership. Since your boyfriend is not on the lease, and if you have proof of purchase for the items he wants to take, you may have a stronger legal claim to... View More

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1 Answer | Asked in Civil Litigation and Construction Law for Florida on
Q: We anticipate this going to court. Please let us know what the best course of action would be.

We hired this particular contractor because we wanted the color of an LVP plank that we chose to be matched through stain on unfinished solid hardwood flooring, and he was confident that he could do that for us. He advised us to buy red oak wood and assured us that he would be able to match the... View More

James L. Arrasmith
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answered on Dec 5, 2023

In your case, where the contractor did not fulfill the agreed-upon terms regarding the flooring installation and staining, you have a few options to consider. First, document everything related to the contract: your initial agreement, any communications about the color matching, and the issues with... View More

2 Answers | Asked in Criminal Law, Civil Litigation and Internet Law for Florida on
Q: I’m being harassed online anonymously. They’re not threatening messages, just nasty things about my boyfriend. Can I sue

I have not told them to stop, nor have I blocked them or reported it to instagram yet

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 3, 2023

Under Florida Statute § 784.048 Cyberstalking Statute, the legal definition of the word "cyberstalking" means to communicating with, or causing images, words, or language to be delivered to, a certain person via electronic communication or email, without a legitimate purpose, and that... View More

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1 Answer | Asked in Criminal Law, Civil Litigation and Communications Law for Florida on
Q: Can I record a phone convo with customer service if I receive a notice that "This call will be monitored and recorded?"

I live in Florida. Can I record the phone conversation with multiple customer service representative (within the same single call) of a large bank, if prior to speaking with customer service I receive a notice that "This call will be monitored and recorded"?

Charles M.  Baron
Charles M. Baron
answered on Dec 2, 2023

Re-posting answer to fix typo -

Yes, because the other party to the call is asking your consent to have it be a recorded call (by making recording a condition of being able to speak to that party). But if you plan to use the recording for anything other than your own private listening, you...
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2 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: Is a Motion for Summary Judgement allowed in Florida small claims court? If so, is an answer required?
Charles M.  Baron
Charles M. Baron
answered on Dec 2, 2023

Though you can file any motion you feel like filing, a small claims court judge is not supposed to use the summary judgment motion procedures that are set forth in the Fla. Rules of Civil Procedure unless those rules have been invoked by court order. The reason small claims court exists is to have... View More

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1 Answer | Asked in Domestic Violence, Personal Injury, Civil Litigation and Criminal Law for Florida on
Q: I was a victim of domestic abuse several times. What is the clause I can sue exwife for it?

I was an international student (19 years old), who married a Puerto Rican woman (24) right after associates degree. I was starting university as a junior when I got married.

My family was happy that I found someone for myself. they all flew in from Canada, Australia & other parts of... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 25, 2023

Sorry to hear about your ordeal. Your inquiry is vague as to when the abuses occurred. You mention, without relating any facts about timing, the phrase "tolling statute of limitations", which is the stopping of the clock for the time counting towards the limitations period, under... View More

2 Answers | Asked in Civil Litigation for Florida on
Q: What are the laws for my things being removed from the home after being evicted?
Charles M.  Baron
Charles M. Baron
answered on Nov 21, 2023

When a tenant receives a court order of eviction, that's an eviction of the tenant him/herself and all of his/her stuff. If the tenant vacates and leaves personal property items on the premises, and does not reach an agreement with the landlord for picking up the items later, the items are... View More

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