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a motion to dismiss need to be filed with the court first? thank you
answered on Oct 24, 2023
The party filing the motion to dismiss must send all parties the motion to dismiss and the notice of hearing. This is usually done on the court's e-portal. Make sure you have signed up with the court's e-portal. If you are not on the e-portal, the other party should send it by mail to you.
First paragraph while answering my complaint individually. Is that just a game they’re playing because I looked up some of their other cases and they say the same thing or is it a real motion that I need to defend?
answered on Oct 23, 2023
It appears to be a motion to dismiss. While they may put that language in many such motions, that fact doesn't make it any less a motion which you need to address.
anything that has to be answered to their defenses or proven or do we just move forward to discovery and setting a court date?
answered on Oct 23, 2023
I am not exactly sure what you are asking. I am assuming that a defendant has moved to dismiss a complaint, but I do not know if the motion was granted. A hearing on the motion to dismiss is heard before a judge. One can respond to the motion to dismiss in writing or just orally at the hearing.... View More 
I live in Florida, and received a debt validation notice trying to collect on an alleged debt with a Florida based credit union (presumably alleged credit card debt), saying the "debt is now owned by [collection agency's name]". Notice states their info shows a balance dated April... View More
answered on Oct 22, 2023
The statute of limitations for written contracts is 5 years in Florida. However, most agreements state in which what state the laws apply to the agreement. Having said that, I am not aware of any state where the statute of limitations exceeds 10 years.
I would send a cease-and-desist... View More
can the myfloridaccess.com be used to serve interogatories?
answered on Oct 20, 2023
After initial service of process (serving of summons and complaint), there are only two permissible methods of serving ANY DOCUMENTS, including interrogatories (unless you obtain a court order allowing some other method): (1) sending a hard copy by mail or hand-delivery, or (2) using the Fla.... View More
The permit was originally issued 8-13-21 and expired 10-19-2023. The pool contractor contacted me 10-19-2023 asking for the renewal fees to be paid quickly because fees will double 10-24-23. They are blaming us because we had asked that the equipment installation scheduled 6-27-23 to be pushed... View More
answered on Oct 20, 2023
The question you have to ask yourself is do you want to stand on the contract and possibly have your pool delayed more or do you want to get it completed. It seems that more than 2 years to complete the work is a long time. I do not know what the normal time is in Ft Lauderdale to complete a... View More
Hello
I transferred $1016 from the US to my fiancé in Ukraine on October 6th.
The transfer usually takes between few minutes to few hours to be completed.
However, this time, the transfer hasn’t reached the receiver till this day.
I called MoneyGram on the day of... View More
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answered on Oct 14, 2023
Sorry to hear that. I believe the way MoneyGram works is local location in Ukraine has to have US cash on hand and they portably don't or the local place stole it. They must've tracked the transfer by now, and still no money. Try to stay on top of it and get a refund here. If not, your... View More
The door hangers in question only advertise a free inspection and not any of the paid services that I offer.
Sometimes I find doors with "no soliciting" signs on them and I want to make sure that I'm not doing anything illegal by placing a door hanger on said door.
answered on Oct 12, 2023
A Florida attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney, it's best to avoid leaving anything at such residences or businesses. The sign usually means they want nothing in the form of materials, whatever the... View More
answered on Oct 5, 2023
A Florida attorney could advise best, but your question remains open for two weeks. It could depend what the arbitration is for - general negotiation, challenging basis for debt, claim for misconduct, etc. It could also depend on the right to use arbitration as a forum. Sometimes that's... View More
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answered on Oct 3, 2023
Chapter 7 advantages:
Most unsecured debts can be fully discharged.
The process is quicker than Chapter 13, often completed within months.
There's no requirement to repay debts.
Chapter 7 disadvantages:
You may have to liquidate certain assets to repay... View More
1)What actually constitutes as 'excusable neglect?' 2)What would be an instance where newly discovered evidence would accepted by the court? 3) What is typically defined as 'misconduct' under such provisions
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answered on Oct 3, 2023
'Excusable neglect' is generally understood as a failure to timely perform a required act due to circumstances beyond the person's control. For instance, it could be caused by unforeseen personal emergencies or even miscommunications with counsel.
pleasMY RIGHTS HAVE BEEN INVOKED
Victims of identity theft are often victims of multiple crimes and may be unable to clearly define what has happened to them or how it happened. They may be confused or even paralyzed by the experience.
Victims can suffer far more than the loss of... View More
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answered on Sep 28, 2023
If you're a victim of identity theft, it's crucial to take immediate action by reporting the crime to your local law enforcement and credit agencies. Additionally, consult with an attorney experienced in identity theft cases to guide you through the legal process of resolving the issue... View More
I want to sue a yacht charter broker in Fort Lauderdale. Long story short. For my 70th birthday I rented a very expensive home on the water for 3 nights.
I chose the home because the yacht broker I was working with said docking the yacht I selected for a day charter 'should not be a... View More
answered on Sep 26, 2023
You didn't ask a question in this Q & A forum, but I suppose you're wondering if you have a viable potential claim. That depends on a few factors, including the terms of the written contract. Generally, verbal comments that conflict with the written contract cannot be the basis for... View More
The developer of my condohotel building retained control over all amenities. We pay a percent to use them and a percent of desk employee salaries. He shut down the pool, gym, parking garage and fired employees saying we owe him a million as well as wants the percent increased. This has gone on over... View More
answered on Sep 21, 2023
You need to hire a community association lawyer to review your Declaration of Condominium, Articles of Incorporation and Bylaws.After a review of these documents a lawyer will be able to tell you if you have a case. You should also submit a certified letter, return receipt requesting to inspect... View More
I was under the assumption that breastfeeding was allowed in any public area.
I asked the manager to show me the rules in writing where it shows breastfeeding isn't allowed.
He showed me a " rules & reguation" document stating
"[......"is a... View More
answered on Sep 17, 2023
You are 200% correct. A woman May breastfeed a child anywhere in public she has a right to be.
It isn’t an indecent or inappropriate act.
I already did a police report around 3 weeks ago but nothing has changed, this September 22 will be a year that I am making my car and insurance payments and my main concern is that it is a lease car I have 1 year left and I don't have a car, the repair bodyshop took the money and never fixed my car
answered on Sep 15, 2023
You need to either schedule a consultation with an attorney or contact a government consumer protection agency. For the latter, you can dial 311, the Miami-Dade County switchboard, and say you need to make a consumer complaint, or contact the Fla. Dept. of Agriculture and Consumer Services.
I live in Palm Harbor FL at a ZRS Managed Property. From day one they were aggressively adamant that I had to use WOWAY Internet Provider since that's who they worked with. I found that a little odd since in my decades of living in Apartment Complexes from New York to New Orleans I had never... View More
answered on Sep 13, 2023
Welcome to Florida -- yes, it's different. Generally, the way I interpret this is the service providers cannot demand it is exclusive but that would not stop an owner from requiring a tenant to use an exclusive provider. Tenants have the option of entering into a lease with all kinds of... View More
I have a debt that I am paying on each month, yet I continue to get calls about my “past due balance” with a disclaimer of ‘if you’ve paid this already, please disregard.’ The company has basically said ‘that’s just what we do.’
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answered on Sep 6, 2023
The discontinuation of a debt in New York means that the creditor, in this case, Discover card, has decided not to pursue the debt in that jurisdiction. However, it does not necessarily prevent them from pursuing the debt in another jurisdiction, like Florida, if they believe it is worthwhile.... View More
answered on Aug 23, 2023
Your wife should tell the company that she will discuss the claim with a lawyer once she is formally served with the lawsuit. Then, hang up.
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