Polk county, I was cleaning a friends yard when he ex rolls up, assaults me, steals my truck, takes my phone, makes me ride with him, until I finally jump out, run and call the police from my smart watch. I would like to know what kind of lawyer I should be looking into. I need help with all of the... View More 
answered on Oct 1, 2023
You have the right to make a claim for money damages against the perpetrator for actual monetary losses and for pain and suffering damages. If you have monetary losses directly caused by the crime, first speak to the prosecutor (Asst. State Attorney) because he/she may be able to seek restitution... View More
Polk county, I was cleaning a friends yard when he ex rolls up, assaults me, steals my truck, takes my phone, makes me ride with him, until I finally jump out, run and call the police from my smart watch. I would like to know what kind of lawyer I should be looking into. I need help with all of the... View More
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answered on Oct 15, 2023
In your case, you may want to seek legal representation from a criminal defense attorney who specializes in violent crimes or assault cases. While you are not the one facing criminal charges, having an attorney with expertise in criminal law can help ensure your rights are protected, and they can... View More
My wife’s brother is the executor of the will. We are selling the house that I am making the mortgage payments on. The mortgage is in my father in laws name and the executor is demanding that all proceeds go into the deceased estate and he is entitled to 1/3 after he settles the estate using the... View More
answered on Sep 28, 2023
If this property is joint tenants with rights of survivorship between your late father in law and you and your wife, then you and your wife are the 100% owners. All you would have needed to do is record his death certificate. If these are the facts, then the property is not part of the estate. You... View More
I was personal rep on the estate of my mother and step father, I was ill-advised in the beginning of the probate process and due to a serious of events that followed the house was going to foreclosure so I worked with an investor to sell the home and he wrote a contract full of manipulative... View More
answered on Sep 27, 2023
Forgery of course is a crime, and it's generally a good idea to report it to the law enforcement agency in the locale where the crime occurred. However, if I were you, before anything, I'd schedule a consultation with a probate litigation attorney. Your post is unclear on what you mean... View More
answered on Sep 25, 2023
Not without consent of the teacher, unless it's part of a law enforcement operation. With some narrow exceptions, it's a crime in Fla. to audio record someone without their consent. Of course, if you wish, you can record your minor child talking to you privately about the issue, so that... View More
Sister had 2 daughters. The 2nd daughter was given the ashes by the funeral home. Now, this daughter is incarcerated here in Florida and has left my sister’s ashes with her aunt on her father’s side of the family and her parents have been divorced for many years.
answered on Sep 24, 2023
Have you tried asking the aunt if she'd be willing to give you the ashes, and telling the aunt how much it would mean to you? Sounds like your niece was the owner of the ashes and either gifted the ashes to that other aunt or requested her to hold onto them until she's freed. If... View More
There’s no landlord tenant agreement. I’ve asked him repeatedly to move out. He says to evict them. I let him and his girlfriend move in because they need help out of the kindness of my heart. Now they’re destroying my property and stealing my property they’re not respecting anything I’ve... View More
answered on Sep 24, 2023
The following is general information for this kind of situation, not legal advice to rely on, for which you'd need to schedule a consultation with a law office. (That applies to all answers in this forum.)
You seem to be asking if you can totally shut off your electricity (100%) for... View More
The defendant filed 3 motions for sanctions against me for a "frivolous lawsuit" claiming I have no evidence. However they lying and completely ignoring all the evidence I provided from discovery including the Defendant's direct admission of guilt where he texted the witness that he... View More
answered on Sep 23, 2023
If they based their sanctions motion on Fla. Statutes Sec. 57.105, they were required to first send you a "safe harbor" letter, which is a letter warning that you have 21 days to to drop your claim(s) and attach an unfiled, draft of their motion that they intend to file after the 21 days.... View More
I was the victim of a stabbing about 20 years ago. It still mentally affects me to this day. It has also affected where I would be financially, my work progress and status, and my overall quality of life. The perpetrator was caught quickly since I knew him and was placed in a mental facility for... View More
answered on Sep 21, 2023
Sorry to hear about your ordeal. I can tell you generally what the limitations period would be in a situation like this, but any question on the limitations period for an incident causing damage to you is a question asking for specific legal advice to rely on - which cannot be answered in this... View More
answered on Sep 19, 2023
To find out if someone has filed a court case against you, particularly if it involves a family matter, you can search your name on the clerk of court website in the county where you reside or where the cause of action occurred. This should provide you with the necessary information.
My brother and his wife have harassed me repeatedly. They claim that I sent an arrest report to his wife’s employer. The arrest report was entirely accurate and all public information, but they call it stalking.
I had not seen this woman in nearly five years. The email they cited does... View More
answered on Sep 19, 2023
Your inquiry is unclear as to whether you are in domestic violence court or in a lawsuit for money damages, or both. In any event, where you can get help is (A) this website, by clicking on the Find a Lawyer tab at the top left, then searching for a lawyer in your geographic area who handles the... View More
answered on Sep 15, 2023
You inquiry is vague as to what you mean by "events created...". If you have been damaged/injured by the unlawful act of another, you can sue in small claims court for up to $8,000 plus court costs, and in some types of cases, attorney's fees and prejudgment interest are awardable... View More
answered on Sep 16, 2023
My colleague raises a valid point - "events created leading up to an injury" is generally not a concept used to support a tort claim for injury. Instead, a wrongdoer's actions or inactions are more often characterized as having a "causal connection" or being the... View More
I already did a police report around 3 weeks ago but nothing has changed, this September 22 will be a year that I am making my car and insurance payments and my main concern is that it is a lease car I have 1 year left and I don't have a car, the repair bodyshop took the money and never fixed my car
answered on Sep 15, 2023
You need to either schedule a consultation with an attorney or contact a government consumer protection agency. For the latter, you can dial 311, the Miami-Dade County switchboard, and say you need to make a consumer complaint, or contact the Fla. Dept. of Agriculture and Consumer Services.
I already did a police report around 3 weeks ago but nothing has changed, this September 22 will be a year that I am making my car and insurance payments and my main concern is that it is a lease car I have 1 year left and I don't have a car, the repair bodyshop took the money and never fixed my car
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answered on Oct 13, 2023
If your car insurance paid any of the damage to your car, you should contact them and explain to them that your car was not repaired and you want them to contact the body/repair shop to complete the repairs. If that does not work, then I would contact a consumer lawyer in your area. You can go to... View More
answered on Sep 9, 2023
First step is to try to amicably resolve the problem. Have you spoken to the neighbor about how bad the smoke makes you feel? Beyond that, you have two separate issues, the cigar, which is legal, and the marijuana, which is illegal in Fla., unless in use under a medical prescription. One option... View More
I'm disabled and the ex-wife was ordered to divide the pension 50/50. She knows I need to retain an attorney in another matter and is deliberately delaying releasing the money until I lose my case.
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answered on Aug 24, 2023
A well drafted agreement or order should have a deadline for payment. A delayed payment is not 'Illegal" but depending on when it was due, you can file a motion for enforcement and contempt. Speak with a local family lawyer for more specific advice.
Q: If a civil case has been dismissed without prejudice how long after the SOL are you able to reopen and “ Relate Back”
Can a case dismissed without prejudice be reopened after the statute of limitations and ask the cases be related back to original filing if the claim stays t
answered on Aug 23, 2023
The dismissal without prejudice doesn't extend the time window with the statute of limitations. You still have to file within the SOL. The "without prejudice" only means you can file again (as opposed to a dismissal "with prejudice," which means you can't file again -... View More
Q: If a civil case has been dismissed without prejudice how long after the SOL are you able to reopen and “ Relate Back”
Can a case dismissed without prejudice be reopened after the statute of limitations and ask the cases be related back to original filing if the claim stays t
answered on Aug 23, 2023
If a case was dismissed without prejudice and not re-filed prior to the expiration of the statute of limitations, the claim would now be time-barred, preventing the plaintiff from moving forward with that particular cause of action.
Q: If a civil case has been dismissed without prejudice how long after the SOL are you able to reopen and “ Relate Back”
Can a case dismissed without prejudice be reopened after the statute of limitations and ask the cases be related back to original filing if the claim stays t
answered on Aug 23, 2023
To add to Mr. Clifton's and Mr. Apkinar's answers, while you GENERALLY cannot re-file a case with the same causes of action after the limitations period has expired (even though a dismissal is without prejudice), there are exceptions to that general rule, such as the equitable tolling... View More
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