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Eric Aaron Jacobs's Answers
- 36 Legal Answers
- 0 Legal Guides
1
Attorney answers:
Do i need to do a deposition if it has not been court ordered. case in florida
In Florida, a deposition does not generally have to be court ordered and if you are a party, it may simply be noticed by the other side or if you are a witness, may be set by serving a subpoena upon you. That said, there may be other circumstances that may justify limitation of the deposition or its rescheduling. The above is not intended to be legal advice or to form an attorney client relationship.
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2
Attorney answers:
Am I responsible for 2nd mtg that's in my ex's name only, if I still own the 1st mtg on the same property?
If you neither signed the mortgage nor the promissory note, you should not be responsible for the debt. It is possible that you are being served becuase the lender needs to make sure that any interest you have (wife or resident) is also foreclosed in the proceeding. You will want to read the Complaint carefully and see what is alleged as it pertains to you. If you need further advice, you should seek counsel. The above is purely informational and is neither intended as legal advice nor to...
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1
Attorney answers:
Can my landlord refuse to repair the plumbing?
Probably not. There are certain obligations that a residential landlord cannot delegate to the Tenant. If you want to get in touch and provide me more detail, I can tell you whether I think this is covered. If so, many lawyers will represent you at no charge anticipating getting paid by the Landlord. Feel free to contact me at your convenience.
1 person marked this answer as helpful
3
Attorney answers:
Can my Landlord keep my security deposit even though I cleaned my apartment before I left?
The answer is, it depends. First, to be able to claim your deposit (or any part of it) there is a specific notice that the Landlord has to provide you within a fixed period of time. If they don't they may not claim against your deposit. There are also specific requirements about how a landlord is required to hold your deposit (which are frequently violated). It is not unusual for Landlords to come up with justifications for deposit retention. On the bright side, a Tenant may recover...
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3
Attorney answers:
Can someone sue for a verbal agreement�
You can certainly sue based upon a verbal agreement. Obviously, the challenge is providng that the agreement was made. That would be helped if you can show that he was making payments in the past. If you are inclined to sue him, I doubt this case is worth hiring a lawyer over, you can head over to the courthouse on Hollywood Boulevard and ask the clerk for a pro se package. You can draft and file it yourself and give it a shot. Chances are the court will make you mediate and your buddy...
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1
Attorney answers:
Does a quitclaim deed have to be recorded to be valid in the state of Florida?
It sounds like you have multiple issues going on here. First, the recording of the deed is only necessary as it pertains to notice to third parties. That is, to the extent that it was not recorded, third parties who may claim an interest in the property may be able to maintain their action regardless of the deed since they had no notice by virtue of the failure to record. At the same time, even if it was recorded, depending upon the basis for the Lis Pendens, it may not have mattered. If...
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1
Attorney answers:
I lost against a contractor's lawsuit and I was not able to appeal due to finances. The opposing attorney was granted $4,000 for
If the Final Judgment provided direction for you to fill out the post judgment collection sheet, you must comply with the Court's Order and fill it out. No one wants to disclose their personal financial information but once a judgment is against you, you have no choice. The alternative will be for the other attorney to set your deposition and ask you face to face, questions that you are not likely to enjoy answering about the whereabouts of your assets. That said, this doesn't mean that you...
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1
Attorney answers:
If a partnership has been file in Florida, does its dissolution have to be file in florida as well?
The answer do your question may depend upon a lot of factors. First, when you say that your partner's contractual obligations were breached, that implies that there was a contract. If it was a written contract, you should carefully review the contract to determine where any action to enforce the agreement should be brought. If the agreement was oral, then the appropriate forum may be where performance was to be given or where the agreement was made. There are many legal fights over...
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1
Attorney answers:
Credit bereau reporting
The short answer is probably not. First and foremost, the reporting to credit is for defaulting upon debt (usually consumer) obligations. It is not for breach of contract which is what it sounds like you are describing when you characterize a "default" on a partnership. Second, you generally have to subscribe to have credit reporting capability and assuming you don't, you can't simply claim an amount due and have it reported to one's credit. At the same time, should this partner be sued and...
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1
Attorney answers:
Rent Violation
I would have to review your lease to tell you for sure but my initial reaction is that the landlord may have violated Florida law. Ordinarily, a landlord cannot utilize "self help" which means they cannot physically remove you or change the locks. If this was residential, it would be a no brainer but as it sounds like its commercial space, the lease may have some say about how far the landlord can go. Usually commercial landlords have a lot more latitude then residential ones do. I would...
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