Clifford B Shepard's Answers

Can I take my next door neighborh to small claims court?

In a follow-up e-mail you asked what I meant when I said obtaining a judgment is not the same as collecting it. My answer follows: Once you obtain a judgment, there are a number of possible outcomes that could prevent you from ever collecting it. First of all, your neighbor could be exempt from garnishment if he qualifies as the "head of family." Any natural person who is providing more than one-half of the support for a child or other dependent is a "head of family." Additionally,...

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Is a seller entitled to the agreed purchase price of a car even if he put "gift" on the title, state of FL

I completely agree with Gabriel regarding trying to patch things up with your daughter. Nothing is more important. That said, I disagree with his assessment of your case. It will come down to a credibility question between you and your daughter and I'll bet there is more to this story than you've spelled out in your question, some of which probably will favor you. At the end of the day, what you need to determine is how you want this to end. Is this all about the money or is this more...

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Can I take my next door neighborh to small claims court?

John is correct. You can take your neighbor to small claims court. The only thing I will add is that simply getting a judgment against him is not the same as collecting it. That is a different process altogether. Good luck!

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I currently is rentting a condo that I found out is in the Final Judgement. What do I do in this issue?

I assume, from your question, the unit is in foreclosure. Until a certificate of title has been issued to someone other than your landlord (meaning title to the unit has changed hands), your rent payments should continue to whomever is your landlord unless you receive a court order telling you otherwise or until your current landlord provides written notice to you to send your payments to someone else. Good luck!

Is a non-compete agreement voided if my employer changes my pay from salary to straight commission?

You may have a valid defense to your non-compete under these facts. The defense is called "prior breach," which means that if your employer breached your employment agreement by changing the terms without your approval, it may not then enforce the benefits of its non-compete against you. However, if you stay at the company and don't leave promptly (or at least as soon as you can find another job) you may be viewed as having accepted the new terms and thereby still be held to the non-compete....

Rented condo with a signed six month lease. Tenants moved out after 48 days with three day notice, want deposit and rent refund

"Can I go after them for remaining rent due on six month lease?" Yes, if you are unable to re-rent the condo after reasonable efforts to do so during the remainder of the rental term. If you do re-rent, however, you may only receive damages for the period the unit was vacant and for any difference between the rate the tenants who left were paying and the rate the new tenants pay. "Are they due back deposit if I did not return their deposit within 30 days even though they did not give...

RENTING WITH A TAX LIEN ON PROPERTY

The answer depends on your lease. Just because the property is sold via tax lien doesn't mean your lease is over, it just means you will have a different landlord after the sale. Unless your lease provides for termination in the event of a change in ownership, you can look to your lease to dictate when your lease will expire so long as you are current on your rent obligations.

Foreclosure Notices/ Repkevant Notice/Tenants opening my correspondence

You ask: "The tenants have not paid for 3 months now. And they were served a letter for a foreclosure notice by our mortgage company, they were given our papers and informed of our financial status. ( IS THIS ALLOWED? )" Yes, it is in fact required in foreclosure cases that all parties with an interest in the property be notified and included in the foreclosure action. Because your tenants have a lease for the property, they have a legal interest that requires them to be involved in the...

Being fired unfairly.

Harriet- The timing around the holidays is upsetting for sure and I feel for you and Paul. Unfortunately, there is nothing in the facts you describe that gives rise to liability on the part of Winn-Dixie. In Florida, employees without contracts can be terminated for any non-discriminatory reason. While you mention "some type of discrimination," you don't provide any specifics. To be unlawful, discrimination must be based on age, race, creed, nationality, sex or pregnancy. An...

Property ownership

What you need in order to establish your rights in the property is a quit claim deed conveying the property from your significant other to you and he as joint tenants with rights of survivorship. Any competant real estate attorney should be able to provide this service to you for around $250. Good luck!