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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
I was wearing a mask while residing at the shelter when one of the staff members told me to remove it and shortly after I contracted COVID from other Patrons at the shelter. Then they kicked me out of the shelter while I suffer from depression and anxiety causing me to mentally, physically and... View More
answered on Aug 20, 2023
Regarding the Covid issue, possibly, if it was foreseeable that you'd likely contract Covid if forced to remove your mask, and there was no rational justification to force mask removal. That may or may not be proveable. Regarding removal from the shelter, their reasons would have to be... View More
The defendant and I are both located in Florida. I filed a small claims court suit seven weeks ago and it was accepted. I paid court fees already. I have received no information since filing. Is this normal? Am I just waiting to get my court date?
answered on Aug 20, 2023
You need to get the clerk of court to issue a summons which will set a date and time for a pretrial conference (i.e.: the "court date"). You need to get this served (by the sheriff's department or a process server) on the defendant.
from being awarded in court? A third party debt buyer is suing for interest after charge-off on an account stated debt.
answered on Aug 15, 2023
Generally, yes. The initial issue for an Account Stated suit is: Did the creditor give you presuit notice of the debt, and did you fail to dispute it? If the third party debt buyer didn't give you presuit notice, or it did give notice but you disputed it, that would be an issue to examine.... View More
On May 28th I purchased a vehicle for $15,900 (Including tax & tags) from a used dealership. Paid in full, no warranty. 6 days later on 6/6, the vehicle broke down. I had the vehicle towed back to the dealer, and told them to have their mechanic “look at it, and let’s figure out a way to... View More
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answered on Aug 15, 2023
There’s a clear violation of Florida law that requires auto ships to issue invoices and authorization in writing prior to work being performed. The problem is the amount in controversy is not so high for legal fees. Maybe you could get a later draft a complaint for you and you take it through... View More
or can I file an amended Motion for Sanctions post judgement after I've filed a notice of appeal?
answered on Aug 15, 2023
Depending on the basis for seeking sanctions, the type of sanctions sought, and whether the issue is related to any issues on appeal, that may be possible. However, it is not possible in this online forum to give a definite "yes" or "no" answer to your question, which depends... View More
answered on Aug 15, 2023
I assume you mean statute, not statue. There probably is no statute that is specifically addressed to fraud on the court, but there is plenty of case law (published appellate court decisions) on that subject. Also possibly relevant to this issue is Fla. Statute Section 57.105(1), which is a basis... View More
I was violated for allegedly be alone with my son. The officer that made the report did not witness me alone with my son, nor did the officer who visited my home the night beforehand and reported back to my primary officer
answered on Aug 9, 2023
I believe you mean libel (written defamation of character) - that is, can he be held liable for libel? First, you must be cleared of the probation violation charge. If you are found guilty, you likely cannot sue anyone for anything regarding the charge - so if the charge is still pending, you... View More
answered on Aug 9, 2023
A Florida attorney could advise best, but your question remains open for a week. Depending on the amount of damages and nature of damages, options could include a civil suit or small claims suit, among other options. If you have no idea of where to start, you could contact attorneys to try to... View More
I was sued without my civil rights
answered on Aug 8, 2023
Yes, the judgment holder may attempt to garnish your account(s) and can initiate that process without notice to you, but you'd eventually be notified to give you the opportunity to file a claimed exemption from garnishment if you happen to qualify for an exemption. You need to schedule a... View More
Letter of authorization was altered by the addition of a handwritten "see attached" after it had been signed it. The alteration transferred the entire net sale price to my wife's brokerage account. There was no indication on the "attached" that I had seen it. I got nothing.
answered on Aug 7, 2023
You did not ask a question, but I assume your question would be, "Is there something I can do"? The first thing to do is to demand what you had arranged/expected to happen. If your demand is not met, pick up the phone to schedule a consultation with an attorney in your area handling... View More
answered on Aug 3, 2023
Schedule a consultation with an attorney handling real estate litigation or general practice; alternatively, an attorney handling landlord-tenant cases can probably help even though this is not a landlord-tenant matter. You should be able to sue for unlawful detainer and/or ejectment, and perhaps... View More
never signed any form of contract i was the only member in the household who is documented, living state is haines city florida
answered on Jul 30, 2023
If you mean the landlord filed an eviction suit, and by "expunge", you mean erased from the court records, the answer is no. That would be the case whether you win or lose the lawsuit. If the eviction suit is still pending, hire a lawyer to try to get it resolved without an eviction... View More
Can video footage with audio be used for a criminal investigation? We found out our security camera has captured audio (on a public sidewalk) and the conversation includes a discussion of interest for a legal case. We are aware that the audio feature should have been disabled but wasn't (we... View More
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answered on Jul 28, 2023
Please note that I am a Californian attorney, and my response is based on California law. For matters specific to Florida law, it is essential to consult with an attorney licensed in Florida.
However, as a general principle, the use of video footage with audio for a criminal investigation... View More
My daughter is type 1 diabetic, and she was denied her accommodations at a summer camp in Florida in which she was enrolled and we have been paying for more than 1 year to save her place, on June 15, 2023 I filled out all the forms required by the camp with all her necessary accommodations,... View More
answered on Jul 27, 2023
The camp may or may not be in violation of the Americans with Disabilities Act, depending on various factors. This publication by the American Diabetes Association is helpful: https://diabetes.org/sites/default/files/2021-06/Camp_2021_Fact%20Sheetsnewbranding.pdf
As explained there, the... View More
I keep getting calls from some business stating I have a civil case. They know my address. They keep asking for the last 4 of my ssn and I’m not giving them that information. They keep talking about a judge and civil claims… how can I find out if there’s any civil proceedings against me in... View More
answered on Jul 25, 2023
I agree with Ms. Kim, but another option is to ask the caller for the full name of the case (plaintiff's and defendant's names), the name and location of the court, and the case number. Your description sounds like it is either (A) a scammer, or (B) a legitimate collector (such as a... View More
Everytime someone walks on my driveway or my lawn, the camera announces "smile, you're being recorded." I live in Pasco County, Florida. Is this legal?
answered on Jul 24, 2023
It may or may not be legal, depending on the apparent purpose of the camera, and depending on if it's only video or also audio. Generally, no audio recording is lawful without the consent of the person being recorded - and it's a crime to violate that law. If it's video only, and... View More
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