K Scott Warrick’s Answers

K Scott Warrick

Milton Personal Injury Lawyer.

Contributor Level 9
  1. How many days do I have to answer a summons

    Answered almost 3 years ago.

    1. Robert Jason De Groot
    2. K Scott Warrick
    3. Keith Adam Halpern
    3 lawyer answers

    I suggest you find an experienced foreclosure attorney. I see two issues. First, generally you have 20 says to answer the complaint if there is proper service. It appears, however, that there has not been proper service of process meaning there may be no deadline and filing an answer right now would waive service and the suit would move forward. Second, there appear to be standing issues as you seem unsure if the lender filing foreclosure is the holder of your promissory note.

    6 lawyers agreed with this answer

  2. In florida is it illegal for an 18 year old to date a 41 year old and involve sexual intercorse?

    Answered almost 3 years ago.

    1. Mark Nickolas Longwell
    2. William David Umansky
    3. Maryam Atighechi
    4. John Eddie Jarvis III
    5. K Scott Warrick
    6. ···
    6 lawyer answers

    I agree with everyone else. The only exception I can think of is if the 18 year old is obviously not mentally competent and/or has been adjudicated not competent by a court through a dependency case or similar.

    5 lawyers agreed with this answer

  3. My Friends mother who deserted him at age 8 died in Santa Barbara calif last week. someone from the state called him in florida

    Answered almost 3 years ago.

    1. K Scott Warrick
    2. Robert Jason De Groot
    3. Barry Vernon Newton Jr.
    4. Robert Lincoln
    4 lawyer answers

    I am not a California attorney but that does not sound right to me. Essentially they are saying a child is responsible for the debts of the mother and I do not believe that is the law in any of the 50 states. Her estate could be responsible and the cost deducted from her estate meaning if he is the beneficary of the estate then any inheritance would be reduced by that amount. The short answer is that I would tell your friend he does not owe them and does not have pay them a dime unless he...

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  4. Do I have a small claims case against our old tenants? It was dirty, dog damage without permission for a dog

    Answered almost 3 years ago.

    1. K Scott Warrick
    1 lawyer answer

    Generally you have a claim against a tenant for any damage beyond normal wear and tear. When the damage is caused by a pet which is also a breach of the lease contract then it will likely be easier to prevail. I would suggest that you get familiar with section 83.49, Florida Statutes, as it relates to making claims against security deposits. If you are violation of that statute, or any of chapter 83, and file a suit you could lose a counterclaim and be subject to paying attorneys fees for he...

    4 lawyers agreed with this answer

  5. Is there case precedence or statues in the state of Florida which preclude a tenant from being awarded punitive damages?

    Answered almost 3 years ago.

    1. Robert Lincoln
    2. K Scott Warrick
    2 lawyer answers

    I have never seen a tenant get punitive damages in Florida landlord/tenant case but I have seen it in Alabama. In Florida, as a general rule you can not obtained "punitive damages" for breach of contract or violations of the landlord/tenant statute. If, however, the landlord does commit an independant tort, particularly an intentional tort, then there may be a basis for "punitive damages." Violations of the landlord/tenant statute generally give you the right to recover attorney's fees in...

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  6. I am looking for a foreclosure real estate attorney that would be willing to take a winnable case on a contingency basis.

    Answered almost 3 years ago.

    1. Margery Ellen Golant
    2. K Scott Warrick
    3. Jacqueline Alicia Salcines
    3 lawyer answers

    I agree that generally, foreclosure-related cases are not the sort of matters attorneys would normally take on a contingency fee basis. Most contingency fee cases work where the fee is a percentage of the recovery, and until a recovery is realized, the attorney does not get paid. This is how most personal injury cases work. This model does not work in a foreclosure because there is nothing to get a percentage from. There is another type of contingency fee that I have used once in a...

    3 lawyers agreed with this answer

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  7. Banks refusal to refi equity loan when pmts current and after made pay down large sum violate any regulations?

    Answered almost 3 years ago.

    1. Jacqueline Alicia Salcines
    2. Margery Ellen Golant
    3. K Scott Warrick
    3 lawyer answers

    There are many factors here and yours sounds more complicated than most. I can tell you that most lenders will not modify loans that are performing meaning you have to be 3 or more months behind before they will negotiate. Who the loan is with and who the investor is will make a big difference. I suggest you return an experienced foreclosure attorney to review your specific facts and evaluate your options.

    3 lawyers agreed with this answer

  8. Can I sue my HMO? My HMO does not provide common medical services I need.

    Answered almost 3 years ago.

    1. Marc Edward Stewart
    2. David Bradley Dohner
    3. K Scott Warrick
    4. Lars A. Lundeen
    4 lawyer answers

    I would suggest that you consult with a local Florida attorney that has experience with Medicare, disability, and claims against medical insurers. There may be a more appropriate category on here rather then personal injury.

    3 lawyers agreed with this answer

  9. What is exempted from personal liability when my insurance co is being sued for my at-fault accident?

    Answered almost 3 years ago.

    1. Robert John Sunner
    2. K Scott Warrick
    3. Angela Jo Stanley
    4. Lars A. Lundeen
    4 lawyer answers

    I am Assuming you do not have insurance or enough insurance and you are concerned about a money judgment against you. Chapter 222, Florida Statutes sets out the homestead exemptions and most other exemptions from money judgments. Your primary home is generally exempted from judgment. Qualified retirement savins, disability benefits, social security, and wages of the head of family are also exempt. Each situation is different. I would suggest that you consult with an attorney who has...

    3 lawyers agreed with this answer

  10. Getting final judgement on property owner & will collect surity bond he posted. Have existing

    Answered almost 3 years ago.

    1. K Scott Warrick
    2. Christopher Douglas Smith
    3. Joshua Adam Cossey
    3 lawyer answers

    Have you put the surety on notice of the suit and provided it with a copy of the judgment? They might stroke you a check to avoid additional attorney's fees. I suggest you consult with a construction law attorney who has experience with construction liens and surety bonds. While your factual situation does not appear to involve construction liens, there may be overlap is some issues. You may be able to recover attorney's fees and cost in bringing the action and executing against the...

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