Ralph H. Schofield Jr.’s Answers

Ralph H. Schofield Jr.

Lakeland Litigation Lawyer.

Contributor Level 12
  1. Due to Florida statues running out how can i get my first last and security back

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Barry A. Stein
    2 lawyer answers

    The statutes of limitations for the potential claims (breach of contract, unjust enrichment, civil theft, etc.) have all appeared to run. You will have difficulty in recovering via lawsuit if the defendant realizes this fact. Best case scenario is probably that you convince the landlord to give you SOMETHING to avoid a lawsuit.

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  2. What type of legal help do I need?

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Charles B. Upton II
    3. David Alexander Browde
    3 lawyer answers

    The fact of the matter is that YOU agreed to allow the BANK hold you accountable under the note and mortgage. Thus, the only way that YOU can get out of it is if the BANK lets you out. You cannot simply reach an agreement with your co-owner/wife that you are no longer responsible for your debts to another. It is possible that you have an action against your ex-wife to resolve this inequitable situation. I recommend getting an attorney as soon as possible. Do not be surprised if it is...

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  3. Specific age of consent laws ect Please Help!

    Answered over 1 year ago.

    1. Don Waggoner
    2. Ralph H. Schofield Jr.
    3. Jonathan Hackworth
    4. Robson David Charles Powers
    4 lawyer answers

    Nowhere in Florida's criminal statutes is kissing specifically included in the activities that would get you nailed for statutory rape. HOWEVER, I have seen published judicial decisions involving convictions in Florida for kissing on the neck and decisions in other states involving convictions for any other kissing that is intimate in nature. The fact of the matter is that an argument can be made that anything other than a parent's peck on the check to his child can be conduct that is "...

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  4. IS a quiet title action remedy for judgements against a former property owner, on tax deed sale property in Florida? Thank you

    Answered 5 months ago.

    1. Ralph H. Schofield Jr.
    2. Marshall C Deason Jr.
    3. Carol Anne Johnson
    3 lawyer answers

    Not exactly. The purchase of property via tax deed should itself have the result of cutting off any claims from the prior owner and his creditors. The quiet title process might give you further peace of mind on that front, and the quiet title process may be necessary in a certain situation where the property's title history is confusing or disjointed, but the primary reason to use a quiet title process after a tax deed sale is to make the property marketable (i.e. insurable by a title company)...

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  5. Foreclosure judgement granted and still my belongings in the house , can i still ask for them from the bank.

    Answered 9 months ago.

    1. Margery Ellen Golant
    2. Ralph H. Schofield Jr.
    2 lawyer answers

    I agree with Ms. Golant but will add a few thoughts. Prior to the foreclosure sale, the bank does not own the property--you do. So, normally, you should have access to the property to get your stuff. Banks act zealously in foreclosures, though, and often have a right under the mortgage agreements to take possession of the property to protect its value, particularly if the bank unilaterally determines that you have "abandoned the property"-- a very common decision made if you are away from...

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  6. Do i have grouds for a legitimt lawsuit?

    Answered over 1 year ago.

    1. Christian K. Lassen II
    2. Ralph H. Schofield Jr.
    3. Charles B. Upton II
    4. Jonathan Hackworth
    5. Kenneth Joseph Bush
    6. ···
    6 lawyer answers

    If a reasonable doctor in your doctor's position would have recognized the problem and it can be shown that your damages (pain, suffering, medical expenses, etc.) would not have been incurred but for the doctor's failure to recognize the problem, then YES you would have a legitimate lawsuit for medical negligence. Such cases are very difficult to pursue and prove without the assistance of an attorney, who will then most likely employ a medical expert and medical evaluators to help you prove...

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  7. What do I do when an association tries to terminate my lease with no just cause?

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Jed R Prest
    3. Barbara Billiot Stage
    3 lawyer answers

    Based on the facts as you state them, the landlord would not be able to terminate your lease unless you were on a month-to-month lease, a lease that permits the landlord to terminate for convenience, or similar. You are correct that a rightful call to the police is not a breach of most leases. (or any lease that I have ever seen) nor can I reasonably conceive of a rule that prohibits such a phone call.. As with most landlord/tenant issues, the terms of your lease may trump everything.

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  8. What are the ramification of "walking away" from the loan, and how can I protect myself and my wife from wage garnishment etc.?

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. Charles B. Upton II
    3. Brian David Zinn
    3 lawyer answers

    The ramifications are that your manufactured home may be foreclosed upon, most other assets (save maybe your primary home and retirement accounts) "attached" to satisfy amounts owed, and wages and bank accounts garnished. While it is difficult to completely preclude the creditor from taking these actions, there are efforts you can take to make the creditor want to settle with you for less than you owe. These details will be case-specific, and I highly recommend that you speak to an attorney...

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  9. Notice of Service of Standard Family Law Interrogatories doesn't match what was asked for in Interrogatries

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    1 lawyer answer

    You have a possible defense if the husband's attorney attempts to file and argue a motion to compel you to produce the affidavit. The interrogatories you received did not request the affidavit. I hope that you still have your copy of these interrogatories as proof of this defense. You could indicate to the husband's attorney that the interrogatories did not contain that request and, therefore, you are not producing the affidavit until a proper formal request is made, at which time you...

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  10. I was charged with 1st degree Battery in 2011 and am wanting to have my record expunged not sealed. Is this possible?

    Answered over 1 year ago.

    1. Ralph H. Schofield Jr.
    2. William David Umansky
    3. Colleen M. Glenn
    3 lawyer answers

    The information you have received is accurate. If adjudication is withheld, you must have the record sealed 10 years before you can get it expunged. One alternative procedure, although rare, is called “administrative expunction,” because it is under Florida's Administrative Code rather than regular statutes. This method requires an application to the Florid Department of Law Enforcement (FDLE) submitted by either (1) the Sheriff’s Office (or whatever was the arresting agency) or (2) you,...

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