The in small claims court, missing court-ordered mediation is grounds for a dismissal by default. So if the case is dismissed the plaintiff will have to ask to reinstate the case. A statute of limitations really has nothing to do with it.
- no shipper's written declaration of the
shipper's choice of liability.
-no reasonable opportunity to
choose between two or more levels of liability.
-bill of lading after cargo damage
Damage caused by gross negligent of carrier when loading... Read more »
None of this makes any sense-unless it is the meat of some law school exam question. Have a nice weekend.
My upstairs neighbor neglected To fix his leak and over the course of six months has been flooding me with poop water. He ruined my Venetian paint with yellow stains. In March he said he will fix it and I have been waiting ever since and today he told me he is only responsible to paint with regular... Read more »
He is responsible to paint it the way it was before he damaged it.
My ex boyfriend refused/refuses to return my fathers ashes. I live in Florida and he lives in Texas, and with the covid travel restrictions I cannot travel there to file a claim against him myself, but I’ve read an attorney can do so for me. He’s said the ashes were disposed of but I can’t... Read more »
Whatever type of attorney is needed, he/she must be a member of the Texas Bar in order to represent you in Texas court. Unless your ex took the ashes from Fla. to Texas, he would have to be sued in Texas. Also, if Texas Court's operate the same as Florida's, you don't have to... Read more »
Volunteers/nonprofit leaving goods overnight.
City then uses such goods, and claims such property is owned by them.
If it's abandoned, and whether that is the case depends on all of the circumstance, it can be taken by anyone.
I own a condo in FL and the management office had contacted me many times stating that the unit below me was experiencing water damage from my condo bathroom. Since I live out of town I asked the mgr who phoned me to have condo maintenance handyman inspect. Maintenance eported back that there was... Read more »
Yes, you can ask for reimbursement. Hopefully you have documentation from the condo maintenance handyman.
It’s from 2015 or 2016. The account got closed and because of interest the amount owed doubled. A company bought the account and is taking me to small claims, all of this during a pandemic! Do I have to show up/do the zoom? Do I need a lawyer.
Yes, always be sure to show up and fight them as they are always trying to get default judgments, that is their game mainly. Also, they bought the debt, they need to prove they have ownership of the debt and are the rightful person to collect upon it, can they prove they are the owner and the debt... Read more »
So I am technically on an expired license, and the lady also does not have a valid driver’s license, so she did not call the police. This happened in a parking lot of a convenience store. No police reports filed. Info exchanged (my phone number and ID) and she took a photo of the license plate. I... Read more »
Sure, you and probably your mother can be sued. You should immediately notify your mother's insurance carrier.
We recently purchased a foreclosed property in Palm Beach County, Florida. There are squatters currently occupying the house, and we are attempting to evict them. We were issued a self service packet with forms for unlawful detainers. The forms mention nothing regarding a 3 day notice, nor do they... Read more »
No; unlawful detainer actions don't require 3-day notice as otherwise required by Florida Statute 83.56 (3). Florida Statute 82.03 provides that
"... (1) A person entitled to possession of real property, including constructive possession by a record titleholder, has a cause of... Read more »
I posted a Fair Use project on the internet using other's copyrighted content. I got a response from the original copyright holder saying that what I made isn't Fair Use and that I should take it down. I agreed, but only under the condition that I reevaluate my Fair Use project and get a... Read more »
If what you posted was a copyright infringement (and not protected by "fair use"), it's not negotiable. If you don't take it down, he can sue you. And it's not "small claims" either, by the way.
Maybe the credit reporting agency missed it somehow. But what is your question. It appears that there may be a statute of limitations issue; when did you last make a payment?
Verbal is not written and it is not a Will or Trust and it is not a deed and it is not even what Florida Intestate Statutes (without a Will) state. I think you have a real problem here as parents are allowed to change their mind and verbal promises and change their estate planning Will, etc.,... Read more »
The power company guy said the tree wouldn't fall, but it did and it destroyed our place of business.
Did the power company have a responsibility to do something about the tree?
I live in Florida and borrowed money from a friend in California. I borrowed the money to downsize from a home to a more affordable apartment. I had every intention of repaying the loan however the Pandemic has killed my job. Can my friend take me to small claims court and sue me for the money? We... Read more »
Yes, your friend can sue you for what you borrowed. A written contract is not required and a text message is a writing in any event. It is very unlikely that you can be prosecuted, if what you mean by that is being charged with a crime. And a judge doesn't decide if you can repay, the judge... Read more »
They were supposed to return a fact sheet in so many days and didnt as well
If the judgment debtor failed to return the fact information sheet as ordered, file a motion that they be held in contempt of court.
Many golfers encroach on private property of homeowners imposing on their privacy and at times damaging property. How can we mitigate that? Fines? Civil Tickets? The course is owned by the City. Thank you.
"No trespassing" signs would be a start.
cause us to get evicted because of her exotic animals which are against the least agreement. Will the eviction negatively impact my credit score or anything else of mine? Also, if I chose to move out right now, instead of when our lease ends, will i have any liability. I can prove the that the... Read more »
If your roommate gets you guys evicted neither of you should be liable for whatever unpaid rent. If your roommate leaves both of you are liable for the remaining rent; and you must pay all of it yourself. If you leave the same is true for her.
There was an event a couple months ago where my car illegally got towed and I was forced to sign a contract to get it back. I hired a lawyer on a contingency fee agreement. An agreement that also included the defendant paying the lawyer fees if we win. Recently my lawyer notified me that the case... Read more »
Normally, before a case is settled your attorney would get settlement approval from you. Did your attorney contract give your attorney settlement authority or did the attorney ask you to approve the proposed settlement?
As far as I know, Friend A invited her over and it was during her stay that they broke up. Friend B and C do not want her there anymore, and as far as I know neither does Friend A. Is it still possible for Friends B and C to issue a trespass claim to the ex? And is it possible because of the... Read more »
I believe all three tenants (A, B, and C) would have to join in a lawsuit to evict A's ex-girlfriend. If, by "trespass claim", you mean reporting an allegation of criminal conduct to the proper authorities, I doubt that the police or state's attorney would prosecute.
My Ex took $1000 that did not belong to her. She claims the taking was in error. She wrote a check to repay the $1000 which bounced due to NSF. She told me she was stopping payment on the check and filing bankruptcy. She demanded I return the check to her. I refused unless she signed a payment... Read more »
It appears to me that, since you didn't know if the bankruptcy filing when you cashed the check, you have not violated the automatic stay.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
