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K Scott Warrick

K Warrick’s Answers

98 total


  • Nonpsying tenant has 2 pit bulls and other animals. Can I do anything?

    In process of evicting for nonpayment but expect to take at least 1 -2 months as found shes a pro squatter. Serving notice found she has 2 pits, snakes, rats and otber animals Lease is verbal month to month but made clear absolutly no animals all...

    K’s Answer

    • Selected as best answer

    It shouldn't take 2 months for non-payment. You serve the 3 day notice and then file and serve the eviction. They will have 5 business days to respond. If they are professional squatters they will likely file a response such as a motion to determine rents due.

    At that point you call and request a hearing. The statute requires this to be expedited on the court calendar. I usually get one within a week or two. If you prevail at this hearing then the judge should enter a final order of eviction. The clerk will then issue a writ of possession. You will then need to have the sheriff's department serve the writ of possession. They will then be out 24 hours later.

    My experience is that this only takes 14-21 days depending on the court calendar if you are aggressive like I am when a client pays me to evict someone.

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  • Can utilities be turned off on a month to month tenant? Can I let self in to inspect damage?

    Im evicting a month to month tenant I just found has 3 prior evicts and goes house to house pulling the same con. Shes gong into 2nd nonpaying month and refuses to answer calls, texts or door. The only way I know still there is from barking from u...

    K’s Answer

    No, you cannot turn off the utilities or any other form of "self help."

    You are generally entitled to go onto the premises at reasonable times at reasonable intervals with reasonable notice to inspect and perform maintenance. This is not a license to abuse, harass, or invade privacy. I tell my landlord clients to use common sense and be reasonable.

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  • I am trying to remove an unlawful detainer that I myself placed.

    I filed an unlawful detainer to have my two sons removed from the property. I wrote a letter to the judge requesting to vacate my final judgement, and the Judge denied it. Even though I wrote a letter to the judge explaining that the boys were not...

    K’s Answer

    File a motion and schedule a hearing. This is the appropriate way as opposed to writing a letter to the judge. The judge likely just wants to see you in person at a hearing so that he/she knows what the issues are along with you current wishes.

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  • Can the California FTB legally levy my pension annuity for unpaid back taxes?

    The Ca, FTB recently levied my savings account but did not place a levy on my checking account . The levy they said was from unpaid taxes 17 years ago. Can they legally levy my checking account if all deposits come from a pension annuity? The ba...

    K’s Answer

    Are you a Florida resident? If so, these are likely exempt from judgment and levy. I suggest consulting with a bankruptcy/garnishment attorney regarding filing a claim of exemption and request for hearing.

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  • Got in car accident in company car, clean license,, couldn't go right to hospital but I'm going now,this was8pm last night

    Couldn't go right away , has to get home to my kids, the state trooper is completely on my side saw everything and the report says I had no.other choice I'm going now to hospital, I'm going honest I do not use drugs but I am prescribed Klonopine...

    K’s Answer

    I would suggest that you consult a local Florida attorney. Refusing the drug test may cost you the job while failing it could also cost you the job. You would need to go over your specific situation with an attorney and weigh the options.

    As to the accident, it sounds as if you have a good case as far as liability.

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  • Criminal referral services in Florida.

    Is Criminal referral services legal in Florida? We hear 411 pain, and them other groups, what about other cases.

    K’s Answer

    Some referral services are legal under the ethical rules while others are not. I would suggest not hiring an attorney solely because a referral service recommended them. I always suggest meeting with a few attorneys and going with who you feel is the best for your situation.

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  • What do you do when served an eviction the week your lease is expiring?

    My lease is up at the end of the month. I have already moved out and cleaned. I haven't paid this months rent yet due to personal unexpected expenses earlier this month but i have every intention of paying it once I receive my paycheck on Friday. ...

    K’s Answer

    Just pay it before the eviction is filed.

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  • Can he get arrested either way? Can i or his parents get in trouble? Can she move in with him?

    My daughter is 15 years old her boyfriend is 20 years old she's pregnant. They have been together for 8 month's and dated for a little over a year. I knew about it before they were official and so did his parents. Im okay with them being boyfriend...

    K’s Answer

    He could definitely be charged with a serious felony due to her age (under 16). Both parents being ok with it is not a defense meaning the state could prosecute him should they want to.

    This doesn't go away after she turns 16 because they can go back and charge him for what occurred already.

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  • I have been trying for two months to get a lien release statement from HSBC Mortgage company. They are not communicating w/ me.

    The final payment was made back in December of 2012, but the lien release was never recorded. Now the sale of my house in Oregon is held up because the title company cannot issue a clear title. HSBC customer service says the lien release dept. is ...

    K’s Answer

    There is a statute that requires a lien holder to file the satisfaction within 30 days. I believe a violation entitles you to damages plus reimbursement of attorney's fees if you have to file suit and prevail.

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