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Alejandro Rafael Lopez

Alejandro Lopez’s Answers

782 total


  • I HAVE A STATUS HEARING WHICH NOTED THAT A FUTURE COURT DATE WILL BE SET IS THAT BAD OR GOOD?

    IM TRYING TO GET CUSTODY OF MY KIDS BACK. THE PERSON THAT THEY ARE LIVING WITH HAS HAD 3 FELONY CHARGES. THE LAST ONE INVOLVES A DRUG CHARGE THAT HELD A $50,000 BOND. IM NOT A CONVICTED FELON I JUST GOT RAILROADED. I HAVE MY OWN PLACE AND BY THE W...

    Alejandro’s Answer

    • Selected as best answer

    Courts schedule status hearings to determine how a specific case is going, what needs to still be done in the case to process it, what is going on with the file, to see why the case has not moved, etc. Usually, the notice for the status hearing says that a future court date will be set because the Judge may decide to schedule the case for another status hearing or for trial. You will not know if it is good or bad for the case until you appear at the status hearing and hear what the judge has to say. Usually the judge asks questions of all parties involved in the case.

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  • Can I evict my spouse? His name is not on the mortgage and we have no written agreement for the mortgage payment.

    I'm not sure if I want to divorce him yet. I think we need to separate for a while.

    Alejandro’s Answer

    • Selected as best answer

    In your question you do not say if he is mentioned as an owner on the deed. You say his name is not on the mortgage, but not that it is not on the deed. If his name is on the deed, he is a co-owner with you and you would not be able to evict him. Also, under Florida law he may have a claim that the house is his "homestead' even if his name is not on the deed or the mortgage, and this defense may protect him from an eviction.

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  • I got served with interrogatories but it doesn't say when I need to respond by.

    How many days do I have to respond? Its for a child custody case

    Alejandro’s Answer

    45 days if the interrogatories were served upon you with the original summons and lawsuit, 30 days if they were served upon you by mail after the suit was filed. If you think you need more time you may want to call the lawyer or other party who served the interrogatories on you and request if they are willing to allow you an additional period of time to answer them. If say yes, ask for them to put it in writing for you. If they say no and you still need more time to answer you will have to file a Motion for Extension of Time with the Court and have it heard.

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  • What mean DEIGNATION OR NOTICE OF EMAIL ADDRESS?

    This is what the GUARDIAN AD LITEM sent to public record at court but I don't have yet.

    Alejandro’s Answer

    After the beginning of September of this year, us lawyers are required to send documents to other lawyers in a case by e-mail. So, we are all filing these "Notices of Designation of E-mail Address" letting everyone know of our e-mail addresses for delivery or service by e-mail. The Florida Supreme Court made this mandatory.

    Alejandro R. Lopez, Esq.
    Law Office of Alejandro R. Lopez, P.A.
    4465 Edgewater Dr.,
    Suite A
    Orlando, Fla. 32804
    Ph.: (407) 649-1404
    E-mail: info@yourattorneyinorlando.com

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  • In the state of Florida does the stay from a chapter 7 bankruptcy, toll the statute of limitations?

    I was previously advised that the stay of a bankruptcy during foreclosure would extend the date of the statute of limitations . For instance, acceleration Jan 1st 2008 would have an SOL of Dec 31st 2012. Does a 6 month stay in the first few month...

    Alejandro’s Answer

    Mr. Stumpf is correct in his answer. In addition, however, an SOL is not complete and absolute. Bankruptcy places into effect what is called an "automatic stay" which means the creditors cannot sue the debtor. So, in the case you explain, a bank would not be able to sue the owner of the house if the owner of the house filed for bankruptcy, UNLESS....the bank asked the Court to "lift the automatic stay" to allow it to proceed in state court with a foreclosure, or other case against the owner of the house. So, it is highly unlikely a bank would sit idle looking at a bankruptcy case and its SOL expiring and not asking the court to "lift the automatic stay". Usually, the federal bankruptcy courts lift this automatic stay in those instances very easily, and the issue of whether or not the SOL expires because the person is in bankruptcy is ...what we lawyers call.... a "moot" or dead issue.

    Alejandro R. Lopez, Esq.
    Law Office of Alejandro R. Lopez, P.A.
    4465 Edgewater Dr.,
    Suite A
    Orlando, Fla. 32804
    Ph.: (407) 649-1404
    E-mail: info@yourattorneyinorlando.com

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  • What is required by immigration, uscis , and homeland security to bring a child not bearing the name of father to come to live

    Ex girlfriend was pregnant and after having argument with me, she disappears. 15 years later, i received a call from the child i have never met. She is in a different county and i live in Miami,fl . The question is If i want her(my daughter) t...

    Alejandro’s Answer

    I had a case, not too long ago, where we had to proceed to obtain a D.N.A. test to prove to U.S.C.I.S. the child's paternity.

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  • If a modification goes into default but the other party responds after the 20 days does it still count as a response?

    My boyfriend had his ex served in north Carolina and she dis not respond within the 20 days. The clerk of court told us that even though she responded it shouldn't matter but that they still have to file it by law. He received a court date. Not su...

    Alejandro’s Answer

    See, your question appears in the lawyers' "Foreclosure" section. I think you are talking about a modification of child support or alimony. Am I right? Since modifications are not processed through court. She will get the same court date. The default basically means she has no right to defend herself for the modification. However, if it is child support what is being modified, the court will hear everything related to the case because the child's rights are affected by the Court's ruling.

    Alejandro R. Lopez, Esq.
    Law Office of Alejandro R. Lopez, P.A.
    4465 Edgewater Dr.,
    Suite A
    Orlando, Fla. 32804
    Ph.: (407) 649-1404
    E-mail: info@yourattorneyinorlando.com

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  • My sister tricked my mother to sign a power of attorney now she put her in nursing home and signing checks that she is not on th

    the bank says she cannot sign checks and charges should be against her

    Alejandro’s Answer

    Whether or not what she is doing is legal depends on the specific language of the power of attorney. Usually, those powers of attorney are revocable. So, again, depending on the language of the power of attorney, if it is revocable, your mother can revoke it to avoid further problems. A lawyer should review the power of attorney to advise on legal course of action to take.

    Alejandro R. Lopez, Esq.
    Law Office of Alejandro R. Lopez, P.A.
    4465 Edgewater Dr.,
    Suite A
    Orlando, Fla. 32804
    Ph.: (407) 649-1404
    E-mail: info@yourattorneyinorlando.com

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  • Eligibility for Childhood Deferred Act

    I was brought into the US legally at age 8, adopted by a US citizen shortly before i turned 18 & wasnt able to apply for citizenship. Still unsure of my status; all I obtained is a tax ID & college degree. Sadly I have an arrest & in PDP currently...

    Alejandro’s Answer

    You are not a deportation priority for ICE at this time, according to what you are saying here. Also, it does not seem that the petit theft and arrest would impact your application under the Deferred Action process since it must be for a felony, three separate misdemeanors, or having been incarcerated (no matter what the charge was) for 90 days.

    The other attorneys are correct though. Do not try to complete and mail the forms for the Deferred Action program on your own, since if you make an error immigration may deny it. Try to obtain a lawyer of your choice to complete it for you.

    Alejandro R. Lopez, Esq.
    Law Office of Alejandro R. Lopez, P.A.
    4465 Edgewater Dr.,
    Suite A
    Orlando, Fla. 32804
    Ph.: (407) 649-1404
    E-mail: info@yourattorneyinorlando.com

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  • My home is in forclosure been two years since mortgage has been paid and just received letter from B.O.A. suing me . orl fl

    have been getting letters from lawyers now ,what is happening ?

    Alejandro’s Answer

    Ms. Golant is 100% right. You need to take all the documents and court papers to a lawyer of your choice to review to, then, properly advise you as to what is taking place and on how to handle it.

    Alejandro R. Lopez, Esq.
    Law Office of Alejandro R. Lopez, P.A.
    4465 Edgewater Dr.,
    Suite A
    Orlando, Fla. 32804
    Ph.: (407) 649-1404
    E-mail: info@yourattorneyinorlando.com

    See question