Alan Smith’s Answers

Alan Smith

Tallahassee Debt Collection Attorney.

Contributor Level 13
  1. Will a Public Defender be able to handle my 1 count of 784.03-15 Battery(Dating Violence) charge? I'm not guilty and no priors.

    Answered over 1 year ago.

    1. Amanda Powers Sellers
    2. Adam Lloyd Pollack
    3. Alan Smith
    4. Brent Allan Rose
    5. Samie Ata
    5 lawyer answers

    The other attorneys have essentially given you the right info about PDs. Many PDs are fine attorneys, if overworked. Due to their job, PDs handle more of everything than anyone in private practice- trials, motions, plea deals. So if you want the most experienced criminal defense attorney possible, you might actually look for a career PD. However, misdemeanor cases tend to be assigned to less experienced attorneys who have large caseloads. You will not get to choose who your attorney is. You...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. How can we collect delinquent rent from a commercial lease where the renter supposably went of out business with no notice?

    Answered about 1 year ago.

    1. Alan Smith
    2. Marshall C Deason Jr.
    3. Tim A Pribisco Jr.
    4. Jimmy Allen Davis
    5. Alec Larkin Weber
    6. ···
    6 lawyer answers

    A great deal depends on exactly how your renter went out of business, and how or if he was incorporated or not, and a complete answer would take a long time to write. I would advise contacting a firm in your area that does commercial collections or business law.

    6 lawyers agreed with this answer

  3. My mother in law has her mother on a nursing home ( government aided ) . Her mother has had serious health documented problems

    Answered over 1 year ago.

    1. Joseph Franklin Pippen Jr.
    2. Kenneth Lee LaBore
    3. Charles B. Upton II
    4. Alan Smith
    4 lawyer answers

    You have said nothing about the mother's mental capacity. If she is still mentally competent, and has a long history of eating this way, it is likely she is doing so of her own free will. Adults do not have to "allow" other adults to eat food. A ninety year old, despite decreases in physical capacity, does not become a child.

    6 lawyers agreed with this answer

  4. I have a blogger who is threatening to have me baker acted here in the state of florida. Can he do that and can I sue him?

    Answered 4 months ago.

    1. Alan Smith
    2. Christian K. Lassen II
    3. Lars A. Lundeen
    4. Jason Todd Studinski
    4 lawyer answers

    There is probably not a whole lot you can do. You MIGHT have a case to sue him for defamation if he alleges that you suffer from mental illness when you do not, and if his false accusations have damaged you. You might be able to get some kind of declaratory action going to prevent him from Baker Acting you. I would contact Community Legal Services of Mid Florida at clsmf.org and see if they can do anything. Alternatively you might want to post this question with a Tennessee location and see...

    5 lawyers agreed with this answer

  5. What can i do if there is mold in the house i am renting but my lease is not until 9/1/13?

    Answered about 1 year ago.

    1. Alan Smith
    2. Byron David Flagg
    2 lawyer answers

    1. Landlords are required to take REASONABLE steps to make their properties habitable. If you have attempted to resolve this and your landlord refuses to do maintenance, or you think their maintenance is not a REASONABLE way of addressing the issues, you should file a 7-day notice to cure. 2. Forms for a 7 day notice can be found at the clerk of court's office. Fill in the blanks, keep a copy for yourself, and send a copy to the landlord by certified mail. 3. If the landlord still does...

    5 lawyers agreed with this answer

  6. I signed a lease on house and in it it says I am responsible for $50 of each/all repairs due to normal wear is that legal

    Answered about 1 year ago.

    1. Alan Smith
    2. Carol Lynne Zimmerly
    2 lawyer answers

    It is legal. It is not typical, at least in my area. It would be a red flag for me if I was thinking about renting.

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  7. How do I file a complaint against a Landlord in Volusia County Clerk of Courts, Florida?

    Answered about 1 year ago.

    1. Alan Smith
    2. Carol Lynne Zimmerly
    2 lawyer answers

    7 day notice to cure. Your clerk of court should have copies. In response to the additional question you asked Ms. Graham, yes, you must do this even though you have already given notice. There are procedural requirements to a 7 day notice that you have not met. I would advise consulting with a landlord-tenant attorney on the repair issues if things are not done to your satisfaction within 7 days of her receipt of the letter. These are the types of issues that can lead to money damages, and...

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  8. Malpractice by Former Wife's divorce attorney churning case, misleading wife, and damaging me, can be sued by me if proven?

    Answered over 1 year ago.

    1. Alan Smith
    2. Todd Nathan Hendrickson
    2 lawyer answers

    You have no case for malpractice. If you really can prove fraud, than you could sue for that. You could also report him to the Florida Bar for disciplinary action. Although this may or may not apply to your case, your claims are very similar to those I have seen pro se litigants and clients of mine make in the past. There is a difference between zealous advocacy, including representing facts in the light most favorable to your client, and fraud. It also seems you do not have confirmation he...

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  9. If I have my paycheck direct deposited into someone else's bank account, can their account be garnished for my debt?

    Answered almost 2 years ago.

    1. Alan Smith
    2. Sheila Dawn Norman
    3. Patrick Begley
    3 lawyer answers

    Sounds like fraud to me.

    Selected as best answer

  10. Help time is running out - I got a 24 hours notice that ends tomorrow 4/29

    Answered 12 months ago.

    1. Alan Smith
    2. Robert David Devin
    2 lawyer answers

    It is probably too late. The 24 hour notice is likely a writ of possession issued by a court. That means that the landlord has probably gone to court and won the eviction hearing. If you did not receive notice of the hearing date and time, you may be able to set the judgment aside or sue for wrongful eviction if you are kicked out. Contact a landlord-tenant attorney in your area for more information.

    4 lawyers agreed with this answer

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