A Florida attorney could advise best, but your question remains open for a month. I'm sorry about your accident. I hope all involved are okay. A starting point could be to review the terms of your rental and what it covers in terms of property damage. Based on the facts the post, it isn't... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2025

Whichever lender filed their security instrument first has priority unless there is an executed subordination agreement recorded. Hire a FL to search the title and determine your title's exact status. Such a so called "HEI" mortgage is almost always second or third in priority, as... View More

You may pursue a claim for construction defects and other causes of action that may apply. However, you must first comply with the pre-suit process under the statute which requires that a notice and opportunity to repair be provided to the contractor. Chapter 558 specifies "the notice of claim... View More

Probably not, those are probably uncollectable debts based on how old they are and whether the statute of limitations has expired on them and whether a lawsuit was or will be filed if they are not past the statute of limitations will matter. If you decide to settle them, you need to negotiate how... View More

Yes, I think you have a claim. Your claim would be stronger if you took a picture to show that the cord was concealed or hidden from obvious view. However, that would not be indispensable for you to pursue a claim. You should retain an attorney on contingency fee here in central Florida, which... View More

You do have a claim for negligence. Medicaid will have a lien on the recovery, and generally in any personal injury case, the insurance carrier, medicaid or medicare have liens on the recovery. I think time is of the essence. Generally the homeowners insurance should provide some level of... View More

Yes, you have a case. If the cord was in a location where you couldn't reasonably expect it, or it wasn't clearly visible, this could be considered a hazardous condition that your friend was responsible for addressing. You definitely want to work with a premises liability attorney.... View More

Unit owners have always been required to insure their units, which would include a carport if it's deeded to you. The State of Florida has not been great at enforcing that statute but there has been a renewed push for enforcement. This is for your protection as well as the protection of... View More

In a word, no, not without penalty. Your lease doesn't require a fence. The fact the fence was there doesn't mean the owner is required to keep it up. It was either illegal or in such disrepair that the owner decided to remove it. Read your lease for a termination clause, or leave when... View More

That depends on the language in your association documents and if you are truly a HOA under Chapter 720 or a COA (condo association) under Chapter 718. Sometimes homes with lots are still organized as COAs and vice versa. Some HOA documents provide for unlimited fines. If you communicate with... View More

Under federal law, potential liability for your mother and the bank in this ACH chargeback dispute involves multiple legal considerations:

1. Your Mother’s Potential Liability

Your mother may be liable for fraud or unjust enrichment based on the following factors:... View More

If you were the victim of an online scam, then the federal bureau of investigation would have jurisdiction over that. You need to contact your local FBI field office and tell them that you want to file a police report. They will intake the report and then go to work to see if they can try to get... View More

The Middle District of Florida has a pro se clinic that helps people file bankruptcy pro se (by yourself). The clinic is open from 2pm - 4pm every Wednesday without an appointment needed. You can also schedule a consultation in person or by telephone using this link:... View More

It's at least civil, and usually this kind of issue is civil only, including potential issues of breach of contract and/or unfair and deceptive trade practices. However, in some cases, a fraudulent act could be a criminal act, and that would be an issue for a law enforcement agency.

Many assets are protected in Florida, Homestead and Social Security amongst other things, while you can try to settle and get on a payment plan with them on a monthly basis, it is also just as likely that they will not be able to do anything to her as she will be exempt from garnishment or... View More

Are you talking about a cancellation fee that the parties agreed to in a legally valid and legally executed contract or lease, with no factors rendering the making of the agreement itself a problem (such as a party being the victim of fraudulent inducement, or being subject to duress, or being... View More

Send a certified letter to the company asking for a bill. Retain the amount of money you believe is owed in a savings account or other account that you are not tempted to use for a minimum of 5 years from the completion of the project. (If you think you might owe $5k, retain $6k, etc., to be on... View More

You can send them a demand letter notifying them they have a certain time frame to deliver the goods or you will be filing suit on that date. Realistically, it is not worth filing a lawsuit for an amount under $200, so the demand letter should be used as a tool to begin negotiations. Additionally,... View More

You first posed a question about the affect of not affording therapy on an emotional distress claim, and you then stated a concern about recording a conversation, which I take to mean a question asking if you can record in the setting you described without asking permission. You did not connect... View More

If you received a SUMMONS with the court complaint, you must comply with the instructions in the summons, which notifies the named defendant that failure to file a response may result in the defendant's money, wages, or property being taken without further notification. Any defenses or... View More