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Florida Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized, Banking, Estate Planning and Probate for Florida on
Q: My father passed away in 2015. 1Dec 2022, I received a letter from a bank stating there is a savings account for him.

The bank says I need a court order to close it. Balance is roughly $3,000. How do I get a court order?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 30, 2022

Actually, a court order might not be necessary. Call the bank's attention to Florida Statute 735.303 and send them an affidavit as set forth in that statute. The statute can be accessed here:... View More

1 Answer | Asked in Uncategorized 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 Uncategorized for Florida on
Q: Can lawyer charge fees for response to bar complaint?

I have an attorney in Florida. My case is settled but they still have my retainer money. I filed a bar complaint against them. Can they charge me fees for responding to the complaint I made against them?

James L. Arrasmith
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answered on Apr 6, 2024

In most jurisdictions, including Florida, attorneys are generally not permitted to charge clients for the time spent responding to bar complaints filed against them. The rationale behind this is that responding to a bar complaint is considered part of an attorney's professional responsibility... View More

3 Answers | Asked in Uncategorized for Florida on
Q: Traffic

I was driving to day was upset I was sitting at a stop sign and this lady honked her horn a lot and so she drove around me so I got upset and honked my horn and drove close to her car and at the next stop sign she stopped at the stop sign got out and took a pic of my license plate I didn’t get... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 15, 2024

You neglected to ask a question, but it's not against the law to honk back at another driver.

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1 Answer | Asked in Uncategorized for Florida on
Q: I am trying to fill out an "owner claim form surplus" form. I am unsure about some of the questions. Please help...
James L. Arrasmith
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answered on Jan 26, 2024

In filling out an "owner claim for surplus" form in Florida, it's important to understand that this form is typically used in situations like foreclosure, where there might be excess funds after the sale of a property. It's crucial to answer all questions accurately to establish... View More

1 Answer | Asked in Uncategorized for Florida on
Q: My friend told me he's owed 37,000 for back payment of unemployment including pandemic is he able to do anything legally

He said it reminded in pending status due to Monterey justification , and he sent in all proper documents in the specified time ,and nothing left for him to do. I told him he needed to contact a lawyer that specializes in unemployment cases .Because this caused him to lose his home is now living... View More

James L. Arrasmith
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answered on Dec 26, 2023

Your friend can indeed take legal steps to address the issue of unpaid unemployment benefits, including pandemic assistance. If he has already submitted all the required documents and his claim remains in pending status, the first step would be to contact the unemployment office for a status... View More

1 Answer | Asked in Uncategorized for Florida on
Q: Is it legal for me to install a hidden camera in my own LIVING ROOM in Florida?

This is entirely for self protection in case someone tries to make false statements(given a lot of scary, false claims are made against men as shown in the media nowadays) Of course, not referring to installing anything in bedroom, bathroom or other private areas. Specifically talking about living... View More

John Michael Frick
John Michael Frick
answered on Oct 15, 2023

It is not illegal for you to install such a camera.

It may, however, be illegal for you to record another person on that camera especially if you do so without their consent.

1 Answer | Asked in Uncategorized for Florida on
Q: If a trustee spends out-of-pocket money on an estate can he reimbursed himself by deducting the money from the beneficia

If a person was made trustee of an estate after parents passed and the trustee paid out of pocket to fix up the home to sell it is the trustee allowed legally to deduct the money they spent on the house from the beneficiaries including electric bill

John Michael Frick
John Michael Frick
answered on Aug 29, 2023

Yes. The trust is obligated to reimburse the trustee for such out-of-pocket expenses.

1 Answer | Asked in Uncategorized for Florida on
Q: can a person file charges against 18yr old who testified when they were 16 saying they lied?

Person had injunction against them and had their guns taken away. Claims the 16 yr old lied and will file charges against them when they turn 18. The 16 yr old claims that they did not lie and is very frightened of the person.

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

Criminal charges can be filed by the state, not the person about whom the minor testified. Charges should be filed immediately upon discovery of the alleged perjury, and they wouldn't wait until the minor turns 18.

1 Answer | Asked in Uncategorized for Florida on
Q: who is liable ? my insurance says im at fault , a piece of rebar stickingout thru curb pulled my bumper in shoping cntr

a piece of rebar sticking 1.5-2 inches out of curb pulled my bumper /broke on shoping center parking lot

Tim Akpinar
Tim Akpinar
answered on Jun 18, 2023

A Florida attorney could advise best, but your question remains open for three weeks. It's possible both of you could be, but depending on the coverage of your policy, you might still have grounds for reimbursement (not if bare bones liability policy, but if additional coverage provided - an... View More

1 Answer | Asked in Uncategorized for Florida on
Q: How do I get a piece of mail resent to me since I no longer live in california

I moved to Florida q couple months ago and need all mail resent for me from this settlement to 1525 catmar rd niceville Florida 32578. How do I go about it getting that done?

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

Contact the Postal Service and request that your mail be forwarded to your new address.

1 Answer | Asked in Uncategorized for Florida on
Q: Why would SSI not give my adult son the full SSI amount of 913 dollars a month. They only approve him for 609 a month.

Our son is 18 years old and has quadriplegic cerebral palsy

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2023

Your question may have been overlooked under the "Uncategorized" heading for two weeks. Some questions go unanswered on this forum, but you could try reposting under the "Social Security" heading. That could increase chances of the question being seen and picked up.... View More

1 Answer | Asked in Uncategorized for Florida on
Q: I financed my car directly though a dealership. It closed and now a 3rd party debt collector owns the loans.

I financed my car directly though a dealership, a buy here pay here dealership. That dealership abruptly closed and all loans are being serviced by a 3rd party debt collection agency. Will this change my loan? And does the collection agency have the same rights as the dealership when it comes to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 7, 2023

No, it won't change the loan terms. The debt collection agency will notify you how to make payments.

1 Answer | Asked in Uncategorized for Florida on
Q: Can I have a drivers license from Puerto Rico & a drivers license from Florida?

I live a few months in Puerto Rico & a few months in Tampa. Can I have a drivers license in both places?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 1, 2023

No, I don't think so. But why do you think you would need both? a license from either would be recognized in the other place.

1 Answer | Asked in Uncategorized for Florida on
Q: What type of lawyer am I looking for in regards to a LLC not giving us the products we paid for in excess of $12000?

My wife purchased items from an LLC, and paid upwards of $12000 for these items. After almost a YEAR of not getting the items, we asked for the money back, to no avail. We worked with PayPal and were able to retrieve half of what was basically stolen from us. We are still short $6000 and have been... View More

Tim Akpinar
Tim Akpinar
answered on May 29, 2023

A Florida attorney could advise best, but your question remains open for two weeks. A civil litigation attorney should be able to handle this. Good luck

1 Answer | Asked in Uncategorized for Florida on
Q: Would I have any claim to this property or be able to fight him for it

So my question is I was raised by my grandparents until my 15th birthday that is when my grandma died and my grandpa moved out and left me in the home alone from my 15th to my 17th birthday I paid all of the bills and maintained the house until there was a flood which happened on my 17th birthday... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 25, 2023

if your grandfather 'kicked' you out, I assume he had title, took you to court, and you have no claim to it. If that is the case, no, you apparently would have very little chance of success.

2 Answers | Asked in Uncategorized for Florida on
Q: Someone borrowed $300.00 worth of tools on May 4, 2023. We have asked multiple time to get them back. What can we do?

He said he would return them the next day. He claims to left them by a black bike in a campground. We searched the entire camp ground and no tools were located.

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

You can sue the person in small claims for the value of the tools. Probably won't collect on this kind of a person. Suggest you don't loan a tool you want to keep in the future. Consider such a loan a give away. Thank you for using Justia, Ask a Lawyer.

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1 Answer | Asked in Uncategorized for Florida on
Q: valet service damaged my vehicle that was parked in my space. They offer a rental of 40$ per day. I have 7 seat vehicle

and travel plans. What do I do?

Also, my new vehicle will lose value after the accident. Can I recover the loss

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 18, 2023

Do you have comprehensive insurance on your vehicle? If so, have your insurance carrier take care of it. They should be able to recover your deductible for you.

2 Answers | Asked in Uncategorized for Florida on
Q: daughter is 18, high school graduate. Her mother and I are divorced with no legal obligation. Am I liable for college?

Both paternal parents are divorced and have no legal court order to pay one another. Daughter is planning college next yr. Can mother obtain legal counsel and sue father in pursuit of college fees?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 16, 2023

Anybody can sue anybody else for anything. But whether the mother can prevail is a different story. Probably not.

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1 Answer | Asked in Uncategorized for Florida on
Q: Can I sue my rehab for cancelling my insurance with my authorization?
Tim Akpinar
Tim Akpinar
answered on May 15, 2023

A Florida attorney could advise best, but your question remains open for two weeks. If you authorized the cancellation, they would present that as a strong defense. If it was without authorization, it could depend on the extent of damages suffered. Good luck

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