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Florida Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Real Estate Law and Municipal Law for Florida on
Q: if a defendant did not answer a specific interrogatory - who do I make them answer.
Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Apr 15, 2024

In Florida, you must first reach out to the defendant and try to resolve the matter; that is get him/her to agree to supply a better answer. If that does not work, then you need to do a motion to compel better answer(s) and send that along with a notice of hearing set before your judge. I suggest... View More

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Can I sue if my bill of sale the dealership and the servicer have different rates, prices etc

I requested a copy of my retail installment contract from my car loan servicer. When i compared it to The bill of sale/ buyers order I received from the dealership that i signed the it was completely different. The vehicle price was off by a thousand dollars, the amount financed is different, as... View More

James L. Arrasmith
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answered on Apr 13, 2024

If there are discrepancies between the bill of sale from the dealership and the retail installment contract from your car loan servicer, you may have grounds for legal action. However, the success of your case will depend on several factors, such as the nature and extent of the discrepancies, the... View More

1 Answer | Asked in Consumer Law for Florida on
Q: Can I sue Carvana for selling me a previously damaged vehicle and stating in writing there was no damage ?

Carvana provides a written inspection report on the vehicle and also provides a Carfax.. I was shown a small scratch on the tailgate and a scuff on the grill in a picture as the "only" damage. After owning my vehicle for a short time paint started flaking off on the front fender and I... View More

James L. Arrasmith
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answered on Apr 10, 2024

Based on the information you provided, it seems that Carvana may have misrepresented the condition of the vehicle you purchased. If the company stated in writing that there was no damage beyond a small scratch and a scuff, but you later discovered that the vehicle had been repainted and repaired,... View More

1 Answer | Asked in Consumer Law, Small Claims and Contracts for Florida on
Q: Around 2 weeks ago I loaned a "friend" 200$. We both signed a note stating the amount loaned the date to be paid and a

Sentance stating if not repaid he has to surrender his vehicle keys to me.

The money has not been repaid. He will not answer text/calls.

How can I enforce the part of his keys being surrendered to me.

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Apr 8, 2024

You would need to sue your "friend" in small claims court for breach of contract and specific performance of the agreement. It will cost you about $100 to file and serve your friend, but if you win the case the cost will be part of the judgment against him. I suggest you go to the small... View More

1 Answer | Asked in Consumer Law, Personal Injury and Landlord - Tenant for Florida on
Q: Violation of Florida's Implied Warranty of Habitability and Section 83.64 Prohibited Practices

- Maintenance requests ignored, leading to uninhabitable living conditions

- Retaliatory conduct by maintenance personnel, including threats and property damage

- Misrepresentation of completed repairs, non-compliance with the Broward electrical code

- Ongoing and severe... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it appears that you and your fellow tenants are dealing with a serious violation of your rights as renters in Florida. The issues you've described - ignored maintenance requests, retaliatory conduct, misrepresentation of repairs, severe mold... View More

2 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: Navient student loan server/ lender consolidated all my loans including one from 1987.. then in 2022 all loans were

Discharged except for the one from 1987 they took it out of consolidation and I believe I was in deferment when they did this in 6/2016.. and sent old loan to trellis student loan collector..Without ! My notice .. trellis then garnished my wages without notifying.me I received no paperwork about... View More

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Mar 25, 2024

As previously stated, to garnish your bank accounts, a judgment had to be entered against you. Go to the website of the clerk of court of the county where you reside and type in your name. You should see a case with your name. Go to see if there is a return of service and see who was served with... View More

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1 Answer | Asked in Consumer Law for Florida on
Q: Purchased a car from dealer with clean AutoCheck, 2 days later saw there was accident damage. Can I return the car?

I informed the dealership about the accident damage and they refused to pay to repair it. So USAA cancelled the loan check. After which, now they are offering to fix the damage, but I no longer want that vehicle. The GM is refusing to allow me to return the car and trying to force to buy another... View More

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Mar 18, 2024

I have handled many cases like this. This may be a classic case of auto fraud. Many dealers obtain an AutoCheck shortly after they purchase a car from an auction or customer with the hope that it does not show auto damage. However, they always inspect the vehicle and know of the damage. I... View More

2 Answers | Asked in Consumer Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: gettting retainer refund

hired a firm but after thye missedd 2 conferences and me hjaing to ask over and over about status i hear nothing ican assume no work has been done how cani get my funds back ?

James L. Arrasmith
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answered on Mar 13, 2024

I'm sorry to hear you're having trouble with the law firm you hired. It sounds like a very frustrating situation. Here are some steps you can take to try to get a refund of your retainer:

1. Document everything: Gather any emails, letters, contracts, receipts or other records...
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2 Answers | Asked in Consumer Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: gettting retainer refund

hired a firm but after thye missedd 2 conferences and me hjaing to ask over and over about status i hear nothing ican assume no work has been done how cani get my funds back ?

Angelo "Tony" Marino Jr.
Angelo "Tony" Marino Jr.
answered on Mar 13, 2024

I assume you are talking about a law firm. You can discharge a law firm at any time. However, the firm is entitled to a fee for what they have done. Depending on your agreement, it may be based on an hourly agreement or a contingency agreement. For example, if your agreement is hourly, and the... View More

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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: question about Failure to Prosecute. Fla. R. Civ. P. 1.420 (e).

American Express sued me 1/14/2022 for a personal loan that I had not approved nor requested.

In Feb 2023 AMEX realizing they had a loser case offered to have the case dismissed with prejudice. I agreed to this because I could get derogatory statements removed on my credit report with... View More

Linda Liang
Linda Liang
answered on Mar 12, 2024

It seems that your attorney owes you a better explanation. Basically, Mere inaction for a period of less than 1 year

shall not be sufficient cause for dismissal for failure to prosecute. " Fla R. Civ P. 1.420(e) requires a clerk to send a notice of lack of prosecution and wait for 60...
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1 Answer | Asked in Consumer Law and Gov & Administrative Law for Florida on
Q: car dealership knowingly allowed someone other than myself to sign my name and traded in my vehicle for another what now

dealership = brevard co. person that signed = volusia co. my residence = levy co.

the same dealership ‘retired’ the tag on my cobalt to create a credit for the above mentioned vehicle also without my knowledge. i was arrested for driving on a ‘dead tag’. this happened twice, as... View More

James L. Arrasmith
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answered on Mar 5, 2024

Based on the information you've provided, it appears that the car dealership engaged in fraudulent activities by allowing someone else to sign your name and trade in your vehicle without your knowledge or consent. This is a serious matter that may involve multiple legal issues, including... View More

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Am I possibly allowed to take Paypal to court after neglecting a compromise in my account and charging my removed card?

So it began yesterday morning at roughly 1:30 AM EST, when my account password was changed, so I had went back in and changed it. Little did I know, someone had been logged into my account, and Paypal (assumingly) did not log them out, after they copied my card numbers and then purchased an online... View More

James L. Arrasmith
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answered on Feb 23, 2024

Yes, you may have grounds to take PayPal to court if you believe they neglected a compromise in your account and mishandled your dispute regarding the unauthorized transaction. PayPal has a responsibility to ensure the security of their users' accounts and handle disputes fairly and... View More

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?

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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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?

James L. Arrasmith
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answered on Feb 22, 2024

To find the local court rules for Collier County, Florida, you can start by visiting the official website of the Collier County Clerk of the Circuit Court and Comptroller. Many court websites provide access to local rules, forms, and other relevant information for navigating the legal process in... View More

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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.
Angelo "Tony" Marino Jr.
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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