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Roberto Mauricio Vazquez

Roberto Vazquez’s Answers

27 total

  • List of lawyers that practice georgia and florida law

    on probation in georgia just started and was alledgely charged with misdemeanor domestic battery

    Roberto’s Answer

    Click on the link below and look for the "Expanded Search" button. The Florida Bar site gives you the option of searching by attorneys who are also allowed to practice in another state.

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  • Realistically, what will happen to my mother for allowing an unauthorized person to drive her car?

    I'm 21 years old, and only have a learner's permit and no insurance. I was in an accident today while driving my mother's car There were no injuries on either side, but the other car had about $3,500 damages. I was given a few civil citations, bu...

    Roberto’s Answer

    On the civil side, there is also the potential for her insurance carrier to deny coverage if the other party sues for damages.

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  • Small claims court vs. county court

    I have damage greater than $5.000. I know you can only demand damage up to $5,000 in small claims court. As a pro-se, how are procedures in small claims court different than county court?

    Roberto’s Answer

    Small claims is different from county court in a couple different ways. The main differences in small claims have to do with discovery procedures (how you request information from the other party) and the court automatically assigning you a court date. I've attached the rules for both small claims courts and general civil procedure.

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  • I received my summons and complaint tonight on 11/8/2012. There is a summary for final judgement hearing on 11/27/2012.

    Does this mean that I'm not entitled to my 20 days, to respond to the foreclosure summons? Can they rush into a hearing for a final summary judgement only 19 days after being served in a Florida foreclosure?

    Roberto’s Answer

    If you were served with the foreclosure paperwork today, I see no reason why you wouldn't have twenty days to respond to the complaint. The only reason I can think of that a summary judgment hearing is already set would be if it were a Motion for Partial Summary Judgment against some party that was previously served.
    You should probably consult with a foreclosure defense attorney who can make sure all of the plaintiff's paperwork is in proper order.

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  • We've signed the lease contract about 2 weeks ago and want to get out. landlord said no, how do we get out?

    we found out after we signed the lease that the crossparking in the plaza next door is no longer available. And also the by wrongful information from the contractor, we only have 10 seatings for the only bathroom we have. (no room for other bathro...

    Roberto’s Answer

    As the other contributors have stated, the first step toward seeing what your options are is to review the lease agreement. It would be wise to contact a landlord/tenant attorney who can take a look at it, sooner rather than later, considering the lease kicked in on November 1st. Best of luck!

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  • In a hearing, Can a lawyer introduce a document as evidence that was not previously included in any pleading?

    As Pro se I was in a hearing to dismiss my foreclosure case because the Plaintiff as a trust had not properly securiticed my mortgage. The plaintiff lawyer pulled out the Third District Court of Appeal ruling on Sandra P. Castillo vs Deutsche Ban...

    Roberto’s Answer

    • Selected as best answer

    It is permissible for a party to bring case in support of their position with them to a hearing. Although, the case law is not necessarily introduced as "evidence.". It would be a different story if they were trying to introduce some sort of substantive evidence at the hearing, which had not previously been provided to you i.e. a notice of acceleration, assignment, etc. Rule 1.130 of the Florida Rules of Civil Procedure covers what needs to be attached to the pleadings.

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  • Can someone be evicted after a background check was conducted by the hoa, but the leasing office didnt conduct one be4 move in

    Lease has been signed already but hoa wants to evict renter.

    Roberto’s Answer

    The answer to your question may be found in the HOAs covenants. Many times an HOA will require that the property owner get the HOA's approval before the tenant can move in. If the property owners fails to get HOA approval before the tenant moves, then they may have grounds.

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