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Florida Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Florida on
Q: can a car loan company garnish wages without a court order judgement
Phillip William Gunthert
Phillip William Gunthert answered on Apr 10, 2020

No, they must go through the court system and file a lawsuit and win a garnishment judgment.

1 Answer | Asked in Consumer Law for Florida on
Q: can money be claim from car dealer over misinformation over warranty

my nephew had a situation with his car in which he was told that he no longer had a warranty on his vehicle for repair. It turns out he did, but not after he had paid for the repair which by the way was not done right and continues to have car trouble. My question is; can he claim his money or sue... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 9, 2020

Contact the entity responsible (the dealer or, more likely, the manufacturer) under the warranty and request reimbursement for the work as well as proper repair.

1 Answer | Asked in Consumer Law, Identity Theft and Tax Law for Florida on
Q: Do you take cases about tax refunds ? This company i filed with stole my identity and my tax refund. And i didn't sign

And i did not sign my tax return they filed

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 4, 2020

No. The amount of money involved is not enough to warrant hiring a lawyer. Call the IRS and report this theft.

1 Answer | Asked in Consumer Law and Environmental for Florida on
Q: What is the allowed distance between signs notifying me of pesticide application in a complex of about 100 homes?

I live in a condo and the association hires a landscaping company that sprays pesticide everywhere. I saw them applying it yesterday but found only one small sign in front of one of about 90 homes that are spread out over about 1/4 mile. This seems insufficient to warn consumers to stay off the... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 4, 2020

You could check with the state or local agency that administers pesticide applicator licenses. In many states, it falls under the control of environmental or agricultural agencies. In Florida, it might be the Department of Agriculture and Consumer Services. If it's not under them, check with... Read more »

2 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for Florida on
Q: Can my apartment complex refuse to accept payment by checks "due to Coronavirus"?

The lease states that payment by check is one of the accepted payments methods. The office states they are no longer accepting payment by check, citing concerns over Coronavirus. However, they are open by appointment to show you "in person" how to work the online payment system (where you... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 23, 2020

If your lease states that you are allowed to pay by check then the landlord must accept checks. However, there is really nothing you can do except pay a lawyer a bunch of money to sue the landlord--but what are your damages? Zero.

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1 Answer | Asked in Business Law, Consumer Law and Stockbroker Fraud for Florida on
Q: With 401k rollover, does the company have the right to keep my money invested after i already requested rollover

The amount stated that I can rollover on the day i finalized my request did not match the amount on the rollover check given. It was 2k less.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 23, 2020

If you withdrew money too early they probably withheld taxes.

1 Answer | Asked in Consumer Law, Criminal Law, Small Claims and Products Liability for Florida on
Q: If somone where to charge someone’s credit card without there permission or Pryor authorization what would happen

If someone charged my visa credit debit card without Pryor authorization the amount being $700.00 usd what could would should happen to said person?

Jean Richardson
Jean Richardson answered on Mar 6, 2020

The person can be charged with fraudulent use of credit card. You should immediately notify your credit card company if your card was fraudulently used. In addition, you can contact the local authorities if you desire prosecuting this person.

1 Answer | Asked in Consumer Law for Florida on
Q: my father died and i had been paying the credit card companies but now the well has run dry and there are no more funds

how do i let the credit card companies know that there is no more money to send to them

Phillip William Gunthert
Phillip William Gunthert answered on Mar 5, 2020

Very sorry for your loss on the passing of your father, please accept my condolences at this sad time for you and your family. Unless you cosigned those credit cards you have no responsibility for them whatsoever. They will either get paid as part of a probate (if there is one), or they will not... Read more »

1 Answer | Asked in Banking, Consumer Law and Real Estate Law for Florida on
Q: In Florida can you get a mortgage in one name and have joint ownership on the deed?

We are not married.

Seril L Grossfeld
Seril L Grossfeld answered on Mar 2, 2020

Although this is possible, the lender would probably want both title holders to execute the mortgage, which agrees to the lien being on the property and only one of the owners signs the promissory note associated with the mortgage which is the agreement to pay the money secured by the mortgage lien.

1 Answer | Asked in Consumer Law for Florida on
Q: If the federal law says 21 is the minimum age to buy e-cigs, but my state says 18, can a 19 year old still buy them?
Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 23, 2020

In general, no; the Supremacy Clause of the U.S. Constitution provides that valid federal law trumps inconsistent state law.

1 Answer | Asked in Consumer Law and Business Law for Florida on
Q: Can I charge interest and/or late payment fees if I failed to send a bill on time and the contract is not current?

My customer moved to a new location and was inadvertently dropped from my billing system. Customer is still receiving services and owes for all service since moving to their new location. I plan to send a bill for all money owed. The original contract for the old address had an auto-renewal... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 21, 2020

This is not really a legal question. There is no law that says you cannot send a bill for services to anyone you want. Whether or not they must pay your bill is the only question.

2 Answers | Asked in Consumer Law and Personal Injury for Florida on
Q: A porch torch burned my friend dress as she walked by it and caught fire is there a case. 3rd degree burns?

Small porch torch bought at Walmart

Charles M.  Baron
Charles M. Baron answered on Feb 17, 2020

Much more detail would be needed to determine if there is potential liability. Your friend should consult a personal injury attorney in her geographic area. It should be easy to find one offering a free consultation.

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1 Answer | Asked in Consumer Law for Florida on
Q: On 02/15/2020 we visit a commercial laundromat, while drying our clothes the dryer caught fire and we loss our property

after the fire fighters left I spoke to the owner and he refused to offer any type of compensation. Do I have case?

Thanks, Jose Miami FL.

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 16, 2020

Yes, but how would you prove the value of the clothes?

2 Answers | Asked in Consumer Law and Collections for Florida on
Q: What do I do when the plaintiff does not respond?

A debt buyer is suing me in county court. My lawyer has tried to reach out to the debt buyer’s attorney, however there has been no response. This has been ongoing since the middle of November. What are my options? Thank you.

Charles M.  Baron
Charles M. Baron answered on Feb 5, 2020

Why are you searching on-line for your options when you are currently represented? Are you unsure about your attorney's advice? - or has your attorney failed to advise you?

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1 Answer | Asked in Consumer Law, Contracts, Construction Law and Small Claims for Florida on
Q: I have a contract to have flooring installed. The contractor has not come to complete the job. It has been months.

The contractor said he has a health issue, a boil on his butt...

I have also a contract with this same person to have vapor barrier installed. He said he would do it, but I have not seen him since September. What can I do?

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 1, 2020

Send him a letter by certified mail that the contract is cancelled for non-performance on his part. Then find another contractor.

1 Answer | Asked in Consumer Law and Real Estate Law for Florida on
Q: I just paid off my mortgage. What documents I should receive in addition to letter from mortgage holder.
Seril L Grossfeld
Seril L Grossfeld answered on Jan 27, 2020

Most important satisfaction of mortgage which must be recorded on Public Records where your home is located. If your mortgage holder does this for you make sure it was recorded in the correct county, it would not be the first time they sent a satisfaction to the wrong county to be recorded. You... Read more »

4 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Florida on
Q: What type of lawyer do I need?

I paid a company a $20k deposit and was told they have filed bankruptcy. This has not been confirmed and I have not received any notices in the mail. I would like to know my options.

Justin M. Gillman
Justin M. Gillman answered on Jan 27, 2020

I am not an attorney in Florida but believe your recommended course of action is the same. First, if a company filed bankruptcy, it is public information and therefore accessible. That would be the easiest starting point to determine if the company has filed. Sometimes, companies say they... Read more »

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2 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Florida on
Q: I paid a company a deposit and was told they have filed bankruptcy. How do I confirm this and what are my rights?

The company is located in Titusville, Florida and I am located in St. Petersburg, Florida.

Timothy Denison
Timothy Denison answered on Jan 27, 2020

Pacer.gov

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3 Answers | Asked in Bankruptcy, Consumer Law and Education Law for Florida on
Q: Are debts to a school considered student loans under bankruptcy code?

Hello, I had a couple of student loans returned back to the federal lenders 2yrs ago when i was forced to withdraw from a semester at my university due to severe health issues. As a result, i incurred a debt with the school for the amount of the loans that we returned. I was trying to understand if... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 15, 2020

Yes, I believe they are considered student loans for bankruptcy purposes.

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1 Answer | Asked in Consumer Law and Probate for Florida on
Q: How long does it normally take to receive the status of administrator in Florida when spouse died without leaving a will

My husband died without leaving a will or power of attorney to me so I have to go to the court-house to petition for administrator of his estate. His assets are around $20k (2 cars and a bike and some money in the bank, about $2k). The cars are paid off as well as the bike. One car is used by me. I... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jan 14, 2020

For these assets you may not need to be appointed personal representative. You may be able to transfer title to the motor vehicles as exempt personal property because you are his wife with just his death certificate, you should check with your local motor vehicle office, since this may depend on... Read more »

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