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Dennis Andrew Chen
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Dennis Chen’s Answers

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  • Is suing is always about getting money? Can l go to court p, suing without asking money? What court can l suing without money?

    I want to sue for violation of my legal rights by a business/ I want the court to order injunctive relief against the business to make them stop violate my legal rights, without asking for paying money fine. Just justice! What court is best to...

    Dennis’s Answer

    If you sue a business, the business will probably be represented by an attorney. An experienced attorney will probably raise so many obstacles that it will take a very long time to get to trial if you are not in small claims court. Most likely the attorney will get the case dismissed. Pay for a legal consult to figure out the best way to approach the legal problem.

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  • Should I motion to waive Small claim hearing and ready for trial if l feel the Defendants Parties won't negotiate at mediation?

    Because l know l would not negotiate less than what asked from my complaints, and Defendants might not as well, so l don't see the point for a hearing mediation unless judge can make a final order ruling on the spot. Otherwise, it'll just waste...

    Dennis’s Answer

    Sometimes a mediation is just what the parties need to realize that trial is not such a great idea. A lot of cases are settled at mediation. Go to the mediation with an open mind.

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  • Is Introduction to new Evidence in a Small Claim case is like any other court case? Do l have to wait for case to get to trial?

    Should l wait before after hearing over, and if case going to trial to start serving other party with new evidence? And what is the Title of the form must be named to add new evidence into my complaint?

    Dennis’s Answer

    If you don't want to spend the money or can't afford to have an attorney represent you at trial, pay for an hour consult with an attorney to understand how to properly pursue your claim. You may find the consultation to be quite useful. The attorney should have trial experience.

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  • Can I sue crazy landlord for lack of "quiet enjoyment"?

    I live next door to my landlord for the past 8 months. I have gone to 2 tenant eviction proceeding already, both of them tossed by the judge. I am heading to a third. He sends me vulgar and rude texts and letters constantly. I am never late on r...

    Dennis’s Answer

    If he files another eviction action you should consult an attorney and maybe the resulting attorneys fee award will cause him to reconsider his actions. Probably not. The next time he files eviction, call an eviction defense attorney and find out what your rights are.

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  • Is it possible to sue someone who is in an undischarged bankruptcy?

    I wish to sue an for business associate for breach of contract, negligent misrepresentation and tortious interference with business. However, I have been informed that the individual has not yet been discharged from her bankruptcy. Should/could I ...

    Dennis’s Answer

    You need to consult a bankruptcy attorney before suing this person. If the person's tortious actions arose prior to the filing of the bankruptcy petition, then you may not be able to sue at all. If you sue when the debt has been discharged in bankruptcy, then they can sue you for bankruptcy discharge violation and the bankruptcy court may order you to pay thousands of dollars to them.

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  • How many days notice must a lanlord give a tenant if they are going to evict them? Is Only Pertaining to apts. or anyplace?

    I'm behind a little bit on my rent due to being ill, and couldn't work, which caused me to be behind on rent. I live in a motel currently.

    Dennis’s Answer

    Motels are generally subject to a different statute but if you can establish that the motel is your home, you may be entitled to three day notice and a subsequent eviction lawsuit for the motel to remove you from the property.

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  • What are the debt collection laws in the State of Florida. My daughter was contacted at work about a car repossession.

    They had her on the phone for 20 minutes and want her to settle for a certain amount to be paid in 6 months and they said that it will be taken from her pay. Is this legal? I thought you could not be called at your work place and the only way you ...

    Dennis’s Answer

    Your daughter should consult an attorney for a consultation to determine her rights regarding that specific debt and the collector. If the original creditor is the one contacting her, then they are not likely to be governed by the FDCPA ( federal Fair Debt Collection Practices Act) but they could still be governed by the Florida Consumer Collection Practices Act. An attorney can discuss her experience to determine if they have violated either Act and if she has a claim against the collector.

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  • Why did Judge allow the lawyer to be a witness and to remain as his lawyer?

    Judge told me he had read my motion to disqualify her as his lawyer but would not disqualify her from this case? My only option now I guess is the Florida Bar, is that correct? Why would he allow her to be both when its totally against code of eth...

    Dennis’s Answer

    Your question is not clear. Are you trying to have your own attorney disqualified from representing you? Are you trying to have the judge recused from hearing your case?

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  • Can tenant sue landlord when home goes to foreclosure for security and last months rent but did not pay last 2 months rent?

    The tenant did not pay last 2 months rent to new owner. Although he states that he did in a small claims court paper. He did not pay us(the owner) or the new owner for 2 months. Can he sue us for what amounts to the same for security and last mont...

    Dennis’s Answer

    If I understand your question, you (Landlord) owned a house and leased it to Tenant. When the lease had two months remaining, the property was sold at a foreclosure sale and the Purchaser allowed the Tenant to stay through the end of the lease. Tenant did not pay rent to Purchaser for the two months.

    Can Tenant sue Landlord for the advance rent (last month rent) and security deposit? Tenant has some claims that they may assert. Landlord should have returned the security deposit or provided statutory notice claiming the security deposit. Landlord's entitlement to rent ended when the property was sold and a certificate of title was issued. If Tenant paid Landlord rent for every month up to the sale, Landlord owes Tenant the security deposit and advance rent. Quite likely, Tenant can sue for the deposit and also recover attorney's fees.

    Tenant's obligation to Purchaser is unrelated to Landlord's duty to Tenant.

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  • What does it mean when my "objection of sale" on a foreclosure is "recognized?

    I purchased title insurance on a foreclosed auction home 6/13. They affirmed that their was no liens or emcumbrances on this home. On 7/14 I inadvertantly opened a local attorney's flyer that stated my home was being foreclosed on 8/5/14! I contac...

    Dennis’s Answer

    I think the other attorneys answered your question and I write to suggest that you consult an attorney regarding the possibility of a negligence claim against the title insurance underwriter or the party that conducted your title search.

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