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Florida Consumer Law Questions & Answers
3 Answers | Asked in Consumer Law, Real Estate Law and Tax Law for Florida on
Q: can someone ask for federal tax returns in interogatories in a residential florida property tax case where i am trying

to reduce my just property value? if so how do i object? thank you

James L. Arrasmith
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answered on Feb 5, 2024

In a residential property tax dispute in Florida, the opposing party might request various documents during discovery, including federal tax returns, to understand your financial situation or the property's income-generating potential. However, tax returns are considered private and sensitive... View More

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3 Answers | Asked in Consumer Law, Real Estate Law and Tax Law for Florida on
Q: where can I find collier county florida local court rules. i had a lawyer by pass a hearing by emailing the judge

directly. the judge ruled in favor of their motion to compel discovery before i could even respond. i thought all florida courts allowed for 14 days to repond?

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 5, 2024

There is no 14 day rule to respond to motions.

Judges are not required to have hearings on matters in which they see no reason to have a hearing; this is especially true on discovery matters when the responding party doesn't object to the discovery within the 30 days and doesn't...
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3 Answers | Asked in Consumer Law, Real Estate Law and Tax Law for Florida on
Q: where can I find collier county florida local court rules. i had a lawyer by pass a hearing by emailing the judge

directly. the judge ruled in favor of their motion to compel discovery before i could even respond. i thought all florida courts allowed for 14 days to repond?

Jane Kim
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answered on Feb 5, 2024

There is a 15-day rule to respond, some motions are excluded, and it is flexible.

Litigation is complex, I am sure you knew that.

Judges also have their own standing orders on how they treat different types of motions, what is required for their submission, etc. Some Judges take...
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1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes, Identity Theft and Internet Law for Florida on
Q: A FBpost was asking for feet models.The guy sent 2 links on msgr.I sent pic/video. Can I sue for fraud my pics for $$??

The guy’s post looked legit at ArtofFeet.com LLC. He said he was a professional photographer for 15yrs and NOT an Onlyfans/Feetfinder type of biz.I sent him on messenger 2pics/1video that were only seen by me because he said he would like to meet me in a public place this week, and after looking... View More

James L. Arrasmith
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answered on Feb 4, 2024

If you believe that your photos and videos are being used without your permission for profit, you may have grounds to pursue legal action for copyright infringement, fraud, or violation of your right to publicity, depending on the specifics of how your images are being used. The critical aspect... View More

1 Answer | Asked in Consumer Law, Banking, Divorce and Family Law for Florida on
Q: I had a settlement claim the bank let me deposit it and said it was ok then refused to give it back to me

It was supposed to be made out too separate checks me and the child support division but instead made one check co payable to both i deposited it after asking about it the teller said no problem and they released 200 to me and said it would be released the next day instead they froze my account and... View More

Angelo "Tony" Marino Jr.
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answered on Jan 20, 2024

Based on your narrative, it is difficult to know exactly what happened and what the check was for. This money seems to come from some domestic matter in Oregon. I suggest you talk to your divorce lawyer or see one to determine what the law is when a check is sent for apparently child support and... View More

1 Answer | Asked in Consumer Law for Florida on
Q: Ordered a wig from a company, was sent wrong wig. To get a refund or the right wig. Do i have to send the wrong wig back

The wig was 201 dollars. I have an event so I have to use what was sent to me. Can i still get a refund for it not being the wig i ordered?

T. Augustus Claus
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answered on Jan 19, 2024

If you ordered a wig from a company in Florida and received the wrong wig, you generally have the right to seek a refund or a replacement. However, the company may require you to return the incorrect wig to process the refund or send the correct item. In situations where you have an immediate need,... View More

2 Answers | Asked in Car Accidents and Consumer Law for Florida on
Q: Who pays for damage to a brand new car if it is damaged at the end of a test drive by a customer with no insurance?

I took a friend to a new car dealer so they could look at and test drive new cars. They don't have insurance because they haven't owned a car in a few years. Told the sales person that the most important features were the safety features (blind-spot warning, backup alarm, collision alert,... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 17, 2024

First, you are not legally permitted to provide legal advice to your friend if you're not a licensed attorney. Your friend must directly contact a lawyer if he/she needs advice that he/she can rely on. General educational guidelines for the kind of issue you describe are as follows.... View More

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2 Answers | Asked in Internet Law and Consumer Law for Florida on
Q: What to do when a buyer claims the package they received is empty?

I recently sold an item online. I shipped it USPS priority envelope. It was delivered and the buyer is saying it was empty when received. I put the item in myself. Now they are threatening legal action against me if I don't refund them. What do I do in this situation? Can they do... View More

James L. Arrasmith
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answered on Jan 11, 2024

In this situation, it's important to approach the matter calmly and methodically. First, gather all evidence of your shipment, including any documentation or photographs you might have of the item before it was shipped. This can help establish that the item was indeed sent.

Next, check...
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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: BANK CANCELS CAR LOAN CONTRACT DUE TO LATE FIRST PAYMENT OF 14 DAYS. IS THIS A REPO AND HOW ?? ARTICULE 9?

NOW....THE DEALER EMAILED ME AND WANTS THE CAR BACK DUE TO BANK REQUESTING BUYBACK TO DEALER AS I DEFAULTED ON THE FIRST PAYMENT.

NOW.....

CAR GOES BACK TO DEALER,

DEALER GIVES WESTLAKE BANK THE MONEY BACK,

CUSTOMER LOSES 3K DOWNPAYMENT.

THE CAR PRICE WAS... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 6, 2024

Did you agree to terms that let them take advantage of you as you describe, or not? Read the contract terms on the remedies granted to them when the buyer is in default, and determine if you agreed to whatever those are. If unclear, or you think they are violating the terms or that you did not... View More

2 Answers | Asked in Consumer Law for Florida on
Q: My complex in Daytona have an exclusive agreement with Comcast. The cost is 189.00 per month. I am retired. Is this leg

I wanted to change to internet only and have been told no

James L. Arrasmith
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answered on Jan 2, 2024

In Florida, it's not uncommon for residential complexes to enter into exclusive agreements with service providers like Comcast. However, the legality of such agreements can depend on the specific terms and whether they align with federal and state regulations.

If your complex has an...
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3 Answers | Asked in Consumer Law, Contracts and Health Care Law for Florida on
Q: I was a patient at South bay medical and found out they closed but the treatment never worked 17 times $4500.00 what can

I do about this I'm paying for something that did not help and there was several others the same thing

James L. Arrasmith
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answered on Dec 14, 2023

If you received treatment at South Bay Medical that was ineffective, and you've incurred significant expenses, there are a few steps you can take. First, gather all relevant documentation related to your treatment, including any contracts, receipts, and records of your visits and the... View More

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1 Answer | Asked in Consumer Law for Florida on
Q: Is there cause for a lawsuit after my experience at McDonald’s the other night? Employee at speaker was extremely rude

I went through drive through to get my child a free happy meal with my rewards. She was extremely rude as I order, after placing my order I proceeded to the 1st window (used for payment but a high percent of the time I’m told to skip this, if I don’t need to pay or I paid through the app... View More

James L. Arrasmith
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answered on Nov 19, 2023

I understand your experience at McDonald's was distressing, but the situation you described may not provide strong grounds for a lawsuit. In legal terms, for a lawsuit to be viable, there typically needs to be demonstrable harm or damage. Rude behavior from an employee, while certainly... View More

2 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: How do I stop a writ of garnishment?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 11, 2023

If you have received notice that your bank account or wages have been garnished, you need to get a form from the clerk of court on which you would claim whatever exemption applies to you. You send a copy to the judgment creditor and a hearing will be held at which you can testify under oath... View More

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2 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: How do I stop a writ of garnishment?
Charles M.  Baron
Charles M. Baron
answered on Nov 11, 2023

That depends on your facts and the type of garnishment. One issue is whether you are eligible to file a claim of exemption (for example, under one of the categories mentioned in Fla. Statutes Sec. 77.041). If not eligible, the options include trying to work something out with the creditor or... View More

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1 Answer | Asked in Consumer Law and Gov & Administrative Law for Florida on
Q: I have been trying to get my title from a now closed Car company.They have sold the company to someone else.

I have been getting no where as to receiving my title and now they want more money.How can I sue them to have the courts deem me to be the owner?

James L. Arrasmith
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answered on Nov 9, 2023

You have the right to seek legal recourse if you believe a company has not fulfilled its obligation to provide you with a vehicle title. Consider gathering all pertinent documents, including sales contracts and any correspondence with the company, as evidence of your ownership claim and the... View More

1 Answer | Asked in Consumer Law for Florida on
Q: I need to understand my legal rights when disputing an incomplete credit card charge.

I need to understand my legal rights when disputing an incomplete credit card charge. I engaged in a mentorship for consultation but received only 1 hour due to identity theft. The mentor requested sensitive information via a Promissory Note, and I subsequently requested a refund for the remaining... View More

T. Augustus Claus
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answered on Nov 1, 2023

You have the right to dispute the incomplete credit card charge for the mentorship you received. The fact that you received only one hour of mentorship due to identity theft and that the mentor requested sensitive information via a Promissory Note are both valid reasons for disputing the charge.... View More

3 Answers | Asked in Bankruptcy, Consumer Law and Estate Planning for Florida on
Q: Will creating a trust for protection of personal assets also protect the beneficiary from a bad credit history?

As one slowly recovers from hard economic times (including the filing of a CH7 bankruptcy), which was discharged in 2019, one's personal credit history often takes much longer to recover. Things stay on their credit record long after the person has been declared "debt free,"... View More

James L. Arrasmith
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answered on Nov 4, 2023

Forming a trust can offer a means to manage and protect assets, and a trust can indeed obtain its own tax identification number (EIN) for banking and financial transactions. However, the trust's creation and operations won't directly shield you from the effects of your personal credit... View More

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3 Answers | Asked in Bankruptcy, Consumer Law and Estate Planning for Florida on
Q: Will creating a trust for protection of personal assets also protect the beneficiary from a bad credit history?

As one slowly recovers from hard economic times (including the filing of a CH7 bankruptcy), which was discharged in 2019, one's personal credit history often takes much longer to recover. Things stay on their credit record long after the person has been declared "debt free,"... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 31, 2023

While you can accomplish some of your intended goals with proper planning, the use of a trust in the manner that you have inquired and proposed is not one of them generally speaking. Estate planning is for the purpose of trying to avoid probate and distribute your estate assets in the manner that... View More

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3 Answers | Asked in Bankruptcy, Consumer Law and Estate Planning for Florida on
Q: Will creating a trust for protection of personal assets also protect the beneficiary from a bad credit history?

As one slowly recovers from hard economic times (including the filing of a CH7 bankruptcy), which was discharged in 2019, one's personal credit history often takes much longer to recover. Things stay on their credit record long after the person has been declared "debt free,"... View More

Nina Whitehurst
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answered on Oct 30, 2023

There is such a thing as a self-settled spendthrift or asset protection trust, but many states do not allow them. Also, typically the settlor (you) cannot also serve as trustee of the trust. In other words, you would not have signature authority over the assets that you put in the trust. And,... View More

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1 Answer | Asked in Contracts and Consumer Law for Florida on
Q: I signed a contract for an rv but then some weeks later got a letter saying the loan was not approved At that moment of

I signed a contract for an rv but then some weeks later got a letter saying the loan was not approved At that moment of signing contract i also sold them my car that has a payment still needed. They did not give me any paperwork that i signed with them one being power of attorney

They are... View More

Angelo "Tony" Marino Jr.
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answered on Oct 25, 2023

The devil is in the details. A lawyer will need to look at the agreement you signed. This sounds like a yo-yo sale, which means they sold you the vehicle and now want to renegotiate the loan. This is an unfair and deceptive trade practice. Very, very seldom is a dealer willing to let a vehicle... View More

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