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Florida Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Real Estate Law for Florida on
Q: Loan docs states that increase each year 1.5 % will be notified in writing, no notice is giving, can I be back charged?

Promissory note, states, each year 1.5% increase over prime rate. Lender will give a updated amortization invoice to borrower. Lender fails to do so over 20 years. Can he back charges for the increase. ? Borrower pays original agreed amount on time 20 yrs. Now Lender wants back increase with... View More

James Clifton
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James Clifton
answered on Aug 23, 2023

It is very likely that the lender has waived his right to collect additional interest. However, without reviewing the terms of the note itself, it would be difficult to make a more precise determination.

1 Answer | Asked in Small Claims and Consumer Law for Florida on
Q: Can I sue an automotive manufacturer in small claims court in Florida to obtain the service history for my vehicle?

Can I sue an automotive manufacturer in small claims court in Florida to obtain the service record history for my vehicle? The automotive manufacturer claims that the service history of the used vehicle I now own is "proprietary." I understand they need to protect the previous... View More

John Michael Frick
John Michael Frick
answered on Aug 17, 2023

There is no law which entitles you to obtain the service record of a used car from the manufacturer. Moreover, a manufacturer likely only has records for warranty and recall service. It is unlikely any service record it maintains is complete.

Many dealerships and auto service companies...
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1 Answer | Asked in Consumer Law and Insurance Defense for Florida on
Q: I have final settlement check for my hurricane damage. The final check was not given to me by my own lawyer.

continued.. How can I demand the check. No explanation was given to me and no answer was provided to me when I signed and completed settlement paper. No settlement check was given to me. My house was fixed but there's still pending check due to me that was not given to me by my own lawyer.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2023

Your post is not very clear. Apparently, your attorney hasn't responded to your communications. If you have the check, it's made out to you and your attorney, and your attorney endorsed it, there should be no problem with your depositing or cashing it.

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Florida on
Q: stolen or lost item, what value can I sue for ?

Hi, I purchased a 14k gold jewelry item at a good deal , item was delivered by FEDEX to a courier company , they signed for the package on 4/27, when we questioned as to where our package was as it had not been forwarded with other packages we received, we were given different reasons, excuses,... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 6, 2023

You likely can make a claim for the dollar value (only). But whether you can sue in court to make such a claim, and if so, where, and when (immediately or after some other step to be taken first), depends on your delivery contract terms. The contract might contain an arbitration clause requiring... View More

1 Answer | Asked in Consumer Law for Florida on
Q: In Florida, if a creditor does not send “Right to Redeem” or “ Notice of Sale”, does the deficiency balance get waived?
T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2023

In Florida, if a creditor does not send the "Right to Redeem" or "Notice of Sale" to the debtor after the foreclosure process, it may have implications for the deficiency balance. The "Right to Redeem" is a notice that gives the debtor a chance to pay off the... View More

1 Answer | Asked in Consumer Law and Personal Injury for Florida on
Q: Is a hotel allowed to keep my belonging until I pay them a cleaning fee?
T. Augustus Claus
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answered on Jul 20, 2023

Generally, a hotel may have the right to hold onto your belongings until you settle any outstanding charges, such as a cleaning fee. But hold your horses! They can't just keep your stuff indefinitely. The hotel should provide you with a reasonable time to pay the cleaning fee and retrieve your... View More

1 Answer | Asked in Business Formation, Consumer Law and Contracts for Florida on
Q: I trade-in my car in Dec. 2023, as of now the dealership has not paid it off. Now I have a charge off on my credit

I report the dealership to the DMV. The DMV advised to file a complaint with the dealership insurance bond company. I followed instructions. I was served and the insurance company is suing me and 4 other defendants. They stated myself and the 4 defendants will have to split a $25,000 bond. Any... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 10, 2023

You want to know why you are being sued. The complaint which names you as a defendant should indicate why. If it doesn't, consider moving to dismiss.

1 Answer | Asked in Consumer Law and Identity Theft for Florida on
Q: My sister used my identity to get a loan - forged my signature (I hired a handwriting expert and have a written report.

My sister was killed in a car accident which is how I found out that there is a $10k loan balance in my name. I do not want to pay this as I DID NOT create it. What do I do?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 5, 2023

Send a certified letter to the lender with your written report.

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Florida on
Q: Can I sue in small claims courts?

Hello I bought a cockapoo from a private breeder, the puppy started having seizures 3 days after we got him the veterinary believes it was due the pup glucose levels being too low but he couldn't really say for sure. we asked the breeder to go half on the vet bill and they said no, can we sue them?

Charles M.  Baron
Charles M. Baron
answered on Jun 30, 2023

Yes, but only if you first comply with the presuit procedures of Fla. Statutes Section 828.29, also called the "Puppy Lemon Law", which is online, and which you must read. The first important portion for you starts at Sub-section (5), which provides: "If, within 14 days following... View More

1 Answer | Asked in Contracts and Consumer Law for Florida on
Q: I have never signed an estimate, quote, or contract with a company. Am I legally obligated to pay an invoice I dispute?

After Hurricane Ian a company recommended by my insurance company came to door and said they were hired by insurance company to dry out the house. They were able to identify the insurance company and our claim number. They assured us the insurance company was paying for their service and that we... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 29, 2023

It would be a good idea, either on your own or through an attorney, to immediately dispute the bill in writing, with proof of delivery; otherwise, you might be sued for Account Stated, which is a suit to collect on an undisputed bill. State reasons for the dispute, including that you never would... View More

1 Answer | Asked in Business Law, Consumer Law, Contracts and Internet Law for Florida on
Q: If an online seller from another state violates a law in my state, are they bound to my states law?

Online seller renewed a year long subscription without advance notice and is refusing a refund even though I canceled immediately. This is illegal in FL but they are based in Massachusetts

Charles M.  Baron
Charles M. Baron
answered on Jun 24, 2023

If you are buying while in Fla., Fla. law should apply. Regardless, to take legal action, you must see the terms that you agreed to for what procedures and venues apply for resolving any dispute. You likely checked a box for "terms and conditions". By doing that, you agreed to the... View More

2 Answers | Asked in Civil Litigation, Collections and Consumer Law for Florida on
Q: What resets the statute of limitations for debt collection?

I was contacted by a debt collector (possible scammer) about a car that was repoed 14 years ago. He threatened to sue me and garnish my wages. After the call, I looked up the statute of limitations in Florida (5 years), but I understand some actions can reset the clock, like accepting a payment... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 24, 2023

You ARE at risk of resetting the limitations period clock if you agree that you owe the debt or do anything that arguably indicates you agree to it. In that event, the creditor (or its assignee/successor) may sue you for account stated, for which there is a 4-year limitations period starting from... View More

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1 Answer | Asked in Insurance Defense and Consumer Law for Florida on
Q: Does New Jersey Automobile Full Insurance Underwriting Association still exist?
Tim Akpinar
Tim Akpinar
answered on Jun 16, 2023

There is an entity named "New Jersey Insurance Underwriting Association."

Here is their web address: https://portal.njiua.org/

1 Answer | Asked in Consumer Law for Florida on
Q: What can I do about my hardship situation in regards to statute of limitations with requesting a charge off be dismissed

Hardship situation !!! need to have charge off dismissed can this be legally done ? Ty.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 13, 2023

It's unclear what you mean by "charge off, but if you are being sued for a debt, the statute of limitations has nothing to do with any hardship you are experiencing.

1 Answer | Asked in Consumer Law, Lemon Law, Contracts and Business Law for Florida on
Q: Can an warranty company refuse to pay repairs although repairs are covered under warranty?

Bought a box truck from Ryder. They don't want to cover repairs for the truck because of "contaminated fuel". Although they covered repairs multiple times before and no where in the contract does it state no coverage for contaminated fuel.

Charles M.  Baron
Charles M. Baron
answered on Jun 13, 2023

The issue is whether the warranty is voided due to your wrongdoing (either intentional or negligent), if any, that caused the damage/issue triggering the need the repair. One issue is the contract language itself, and another issue is the fact issue of whether you actually committed the act or... View More

1 Answer | Asked in Consumer Law and Civil Litigation for Florida on
Q: Can Final Judgment be Void for lack of subject matter jurisdiction based on the reasons below:

1) The wording in the cc contract is as follows: "GOVERNING LAW This Agreement is governed by applicable federal law and by Alabama law, without regard to its conflicts of law provisions. If your billing address is in the State of Maryland, to the extent, if any, that Maryland law applies to... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 12, 2023

No. You live in Florida, you get sued in Florida and the procedural rules, to include jurisdiction and venue apply. You are referencing substantive law. Your judgment is not void for lack of subject matter jurisdiction.

1 Answer | Asked in Consumer Law and Insurance Defense for Florida on
Q: I have a check from my homeowners insurance for $8000 to replace my roof. Do I have to use it to replace my roof?

I am really not planning on doing that but I am behind in my mortgage and could use some of it for debt purposes. Otherwise I would like to know if I can deposit it and hold onto it because I cannot meet the financial obligation to meet a deductible of $4,000

Tim Akpinar
Tim Akpinar
answered on Jun 8, 2023

A Florida attorney could advise best, but your question remains open for four weeks. Until you're able to discuss with a local attorney for definitive and state-specific guidance based on applicable insurance laws, in general nationwide, insurance carriers might not bother to enforce that... View More

1 Answer | Asked in Consumer Law and Civil Litigation for Florida on
Q: In Florida: how do I get a car that I gifted to someone & a title back from someone?
Phillip William Gunthert
Phillip William Gunthert
answered on Jun 1, 2023

You generally do not or can not because as you have stated, you have gifted it to them and put the title/transferred it into their name, this completes the transfer and gift. Your only hope would be some type of civil action with a civil litigation attorney related to some sort of misunderstanding,... View More

1 Answer | Asked in Consumer Law and Copyright for Florida on
Q: Geico has been still charging me monthly and I haven't been with them in a long time.

So I had Geico in the past and my thing is I had more than one insurance companies and yet Geico is still charging me they're saying right now I just got a paper in the mail stating I have a Mercedes-Benz black and I owe them $1,000 or 2,000 and I'm like I never had a Mercedes-Benz I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 30, 2023

It is not clear what notice you gave GEICO, other than indicating that you called them. Follow up your call with a certified letter indicating that you have never asked them to insure a Mercedes. If you can't get an acceptable quote from GEICO, get one from another insurance carrier.

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