Alejandro Rafael Lopez's Answers

Is there a statute of limitations on when a person can file a suit for a procedure which was done in a hospital?

Yes there is. In Florida is 2 years from the date that the incident giving rise to the suit took place OR 2 years from the date the problem was discovered. BUT in no event more than 4 years. It is important that you contact a lawyer of your choice as soon as possible. These suits are very complicated and there are many legal "landmines" to clear. Alejandro R. Lopez, Esq. Law Office of Alejandro R. Lopez, P.A. 4465 Edgewater Dr., Suite A Orlando, Fla. 32804 (407) 649-1404 E-mail:...

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Paying creditors of a Florida intestate estate

Probate law in Florida is complex. There are different times set for different things to take place. For instance, if a probate estate is opened 2 years after the death of the person, all creditors' rights and lawsuits against the estate are barred forever. Also, there is a document called a "Notice to Creditors". This notice is also published in a newspaper. Creditors then have 90 days to file claims against the estate for the debts (called Statement of Claims form). Even if it takes a long...

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Can immigration deny US Citizenship if someone did not apply for theselective services?

All permanent residents between the age of 18 and 26 must register for the selective service. Because of the age you had when you became a legal resident it seems you will not have an issue. If you still believe that rule of 18 to 26 applies to you, you may want to wait until you are 32 years old to apply for citizenship, to allow at least 5 years to elapse since age 26 to cure the problem. Alejandro R. Lopez, Esq. Law Office of Alejandro R. Lopez, P.A. 4465 Edgewater Dr., Suite A...

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How much does it cost to hire a lawyer to represent me in court?

Difficult situation....As you know, if your temporary injunction was granted, you should have by now a hearing date, time and place, which is 15 days from the date you received your copy of the temporary injunction. If you feel uncomfortable going to court on your own, have three consultations with three attorneys of your choice. Make sure to ask the attorneys about their experience in such cases, about the procedures, how to present evidence and what evidence to present, etc. Then, compare...

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How can I take my current attorney off of the court records? Can I do this without telling my attorney on my own?

You must tell the lawyer. The lawyer then will file a document called a "Motion to Withdraw as Counsel of Record". The lawyer himself/herself must ask for the Court's permission to withdraw from your case and, therefore, from your record. Your lawyer may ask you to sign a "Consent to Motion to Withdraw" which is another document where you give him/her your permission to get out of your case and/or record. Once this is done, the lawyer will either appear in front of the judge in your case with...

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Can a ex of estate move a vehicle that is in probate without proper paper work expired tags,no insurance following lawyer advice

If the vehicle was (or is) part of the probate estate's properties, the only one who has custody, control, and legal possession of the vehicle and the one who can determine what to do with the vehicle while the probate case is proceeding, is the personal representative assigned by the Court to the case. This personal representative usually has a lawyer. If the vehicle is mentioned in the probate case's "inventory" more likely than not is property of the estate. Moving a vehicle without...

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After being separated for 17 years, does this mean that a couple can be considered legally divorce?

Unfortunately, in Florida, separation for certain amount of time does not provide an automatic divorce. Either one (the husband or the wife) must file a petition for dissolution of marriage and process it to the end to obtain a final judgment of dissolution of marriage from the Court (the divorce). It is true what you say. His wife right now has rights as his heir and/or possible beneficiary. Under Florida law, even if your dad has a Last Will and Testament, his wife can ask for what is called...

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As a salon owner do I have my rights? and Can I counter-sue if the case falls through?

She may, or she may not. All the information you are mentioning you will obtain it through a process in the suit called "Discovery" where you ask for documents, photographs, you send questions, etc., etc., It is extremely important to answer the suit though. You usually have 20 days to do so. If your business is insured for this type of thing you need to inform your insurance company right away. Sometimes your policy provides for your insurance to provide you (or your business) with a lawyer...

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Wife had two operations for a broken leg, both titanium plate broke, not due to any fall, just broke.

The legal question should be more directed as to which was the manufacturer of the titanium plates, when they were built, and under what conditions. Also, the record of the manufacturer with such plates. Your wife may want to first sit with her surgeon to determine if her surgeon knows for a fact if there were any medical reasons (different from the titanium failing) as to why the plates broke. You may want to take all the medical records to a lawyer of your choice for review and analysis to...

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Can finance companys garnish a widows assetts for a debt incurred by her deceased spouse?

If the debt or debts were incurred by her husband, and she was not a "co-signor", the creditors can only go after the husband's "estate". This is difficult for the creditors to do because, to do so, they have to open a "probate administration case" in Court. This is a court case where a person called a "personal representative" is appointed by the Court to complete many tasks to "close" the husband's estate. This person would be the one the creditors would sue (in place of her husband) to try...

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