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Florida Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for Florida on
Q: Can an agreement written on paper without a lawyer present be held up in court if the one part wasn't in the state mind?

My emotionally abusive ex forced me into signing an agreement to pay a bill. Being scared of him I signed the paper saying I will pay it. I've regretted it and wish I never signed, he now tells me if I don't pay him he will bring me to court.

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 13, 2020

If he does bring you to court you would allege that you signed the agreement under duress. It would be up to the judge or jury.

1 Answer | Asked in Uncategorized for Florida on
Q: My mom passed away in August 4th 2019. Her ex husband will not allow her children to get her personal belongings.

My mom lived in her house from 95 until she past 2019. They divorced so she can get her window benefits from previous marriage. To help myself out will the bills. He also removed her off the house to get it refinance. My mom was the one who purchased the house with hurricane Andrew insurance money.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 6, 2020

To get the personal effects you will need to see an attorney about filing some sort of probate case.

1 Answer | Asked in Legal Malpractice and Uncategorized for Florida on
Q: I had an attorney who has fell off the face of the earth. I need to know how I get him off my case so I can proceed fwd?
Rand Scott Lieber
Rand Scott Lieber answered on Jan 27, 2020

If you cannot get in touch with your attorney you can call the judicial assistant to schedule a status conference. At that hearing you can notify the court that you will be moving forward without an attorney. You could also meet with another attorney to see if they are willing to take over your... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: What are the consequences for impersonating someone online?
Tim Akpinar
Tim Akpinar answered on Jan 25, 2020

It could depend on the entire context. If the impersonation has no consequences and involves an innocent practical joke with a friend, it's possible it might mean nothing. If it involves impersonation of a physician, prosecutor, or someone whose position has legal significance in a serious setting,... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: My neighbors tree is hanging over my fence and distributing debris in my pool who is liable for this
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 15, 2020

Your neighbor is not required to remove the debris from your pool. Trim the overhanging branches if you want.

2 Answers | Asked in Uncategorized for Florida on
Q: We received notice that Mr Huffstetler has retired, we need to know who took over his practice.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 6, 2020

Call The Florida Bar at 800 342 8011 and explain your situation; they will know how to contact him.

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1 Answer | Asked in Uncategorized for Florida on
Q: Is it illegal to share a direct message conversation from Twitter publicly or another forum?

Imparticular messages from a company’s IR person. Im curious about sharing the information and parts of the conversation with ppl on a forum? im in florida

William Jaksa
William Jaksa answered on Dec 10, 2019

Are you bound by any confidentiality agreements? Is the information privileged? Trademarked? Security classified?

If its a private conversation between you and the sender then they might have some claim that you breached confidentiality. Not exactly certain what the information is....
Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: My husband was picked up by Marion Co Sheriff & taken to The Centers in Ocala, how can I get him out?

He made an unfortunate comment to a receptionist at his doctor's office when she told him he couldn't get an appointment until January. The Jist was he wanted to shoot himself in the head rather than wait because of the pain he is in. Is there any way to expedite his release? What is the process?

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 15, 2019

It appears that he is being held pursuant to the Baker Act.

See

https://en.wikipedia.org/wiki/Florida_Mental_Health_Act and

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0394/0394PARTIContentsIndex.html

1 Answer | Asked in Uncategorized for Florida on
Q: Can I sue my mom for giving my puppy away without telling me?

I got my puppy when she was 6 weeks old and I have paid for everything for her even her vet bills. And my name is on the vet papers saying I own her. My mom decided to give her away and won’t tell me where she is. Am I allowed to sue her for taking my “property”?

William Jaksa
William Jaksa answered on Oct 29, 2019

Technically yes. She stole your property - that's a crime. If she sold your property that's also a crime. You can sue your mother in small claims court or report the incident to police and have her charged.

1 Answer | Asked in Uncategorized for Florida on
Q: Someone left a mattress box in my apartment for 1+ years and haven't claimed it knowing it's there. Can I throw it away?

The guy didn't pay rent to live there and left the box in my room for more than 1 whole year. He still visits the apartment frequently and is fully aware that the box is still there but hasn't given any incentive to take it with him. Am I allowed to dispose of said box? This is a tenant to non... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 25, 2019

Do you mean a box spring (which may have some value) or the box which a mattress was in when it was purchased (trash, presumably)? Give the person who owned it notice that if he doesn't remove it in a reasonable time you will throw it out.

1 Answer | Asked in Uncategorized for Florida on
Q: Do I have a case against my doctor for safety violations?

I am a dialysis patient from out of state. I need to renew my driver's license and at the dmv they asked if I ever fainted and I was honest and said yes due to low blood pressure but it was serval months ago. Now they gave me paperwork to give to my doctor to fill out to make sure I'm able to... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 19, 2019

An attorney is not qualified to make a determination here as to a safety violation. You're asking about a medical opinion on the actions of an examining physician; only another physician who could review the file documents might possibly be able to make a conclusion as to actions/inactions... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: Why would I receive a message from The Federal Claims Court House. Asking me to return call, from an automated system

When I call # it goes busy. I live in Fla. What is this court all about. Who would file against me. Lisa Kennedy

Terrence H Thorgaard
Terrence H Thorgaard answered on May 23, 2019

Unless you are an officer of the federal government, no one would file against you in the U.S. Court of Claims. Someone perhaps dialed your number by mistake or, perhaps more likely, it's some sort of a scam.

1 Answer | Asked in Uncategorized for Florida on
Q: If a person is trying to serve you court papers as do they have to tell you what it is for over the phone if you ask
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 22, 2019

No, they don't have to tell you.

1 Answer | Asked in Uncategorized for Florida on
Q: I just had a judgement of 19865 against me and they are going to get it from my company. How do I get rid of this?

This was a car loan for my ex wife I co signed for. I pay child support and also 80% of both my girls school needs. Books ,band , medical and orthodontic etc. This was charged off in 2011.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 13, 2019

Apparently you failed to raise the statute of limitations when you were sued. The debt can probably be discharged in bankruptcy. It is doubtful that there is any other way to "get rid of this".

1 Answer | Asked in Uncategorized for Florida on
Q: My H.O.A says i can't dumpster dive. I am not but grabbing items on top. They wrote me up. Am i in violation?

I put all trash in the dumpsters that has fallen out and break down boxes. I also compact trash OUTSIDE the dumpster with my hands as well as i can so there's more room for trash. I also line the dumpsters up as the trashman is busy after he unloads them. For instance, last night a neighbor... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 12, 2019

Review the text of the HOA's regulation on "dumpster diving" to see if what you are doing is a violation (if the term is defined).

https://en.wikipedia.org/wiki/Dumpster_diving

1 Answer | Asked in Uncategorized for Florida on
Q: If you know that an lawyer has created an last will of deth was emailed to the closest living relieve no notarized stanp

The sigiture is forged an the will outs the benafisharery all together an wills all asses an the benafisharery is also on the life insure policy as benafisharery an the wishes of the place mint of the ashes es are not where the fake will stats

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2018

What are you trying to ask?

1 Answer | Asked in Uncategorized for Florida on
Q: Is a spouse responsible for the care of the other if they are disabled?

Woman’s leg is rotting, she’s wheelchair bound and spouse is supposed to care for her. She can’t move from the waist down, and this morning he says she’s been hiding that her leg has a gaping wound and is rotting. If he was bathing her and changing her clothes and assisting in the bathroom... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 24, 2018

Responsible in tort to her (or her insurance company) for negligent care? No, particularly since her conduct (hiding her condition from her) is the primary reason he didn't know about it.

1 Answer | Asked in Uncategorized for Florida on
Q: Can a seller remove the contents from a home that was offered for sale as furnished after the contract is in effect?

The contract is an "as is" contract. Line 23, " The following items are excluded from the purchase" is blank. The real estate agent told us that everything in the house would remain except for a few personal items that the seller would take with him on a commercial flight to Nebraska. However,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 24, 2018

No, it appears that he is in breach of the contract.

1 Answer | Asked in Uncategorized for Florida on
Q: If I loaned my car to someone and they did not return it, is there anything I can do?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 19, 2018

Sure. Take it back.

1 Answer | Asked in Uncategorized for Florida on
Q: My neighbor is harassing me she has video cameras on her food truck at the end of it on the air-conditioner that is

My neighbor is harassing me she has video cameras on her food truck at the end of it on the air-conditioner that is pointing to my house she is threatening to serve me papers because of my husband getting up and going to work at five in the morning and his friend picking him up he doesn’t read... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 7, 2018

Your neighbor can record your activities from her property. And your husband can, if he wants, leave the house early in the morning. You didn't say what you want to know, but I don't see that either of you has a case.

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