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Will Murphy

Will Murphy’s Answers

870 total


  • How do I go about subpoenaing for records for a dissolution case?

    How do I go about getting records. I am looking to get proof of income for my husband and also proof of money transfers that he has made to his girlfriend, whom he was with during marriage and has fathered a child. The reason I need these is beca...

    Will’s Answer

    You can request documents from him without a subpoena and from the financial institutions, employers, etc with a subpoena. Consider hiring a lawyer. Depending on your need and his ability to pay you may be able to have your spouse pay your attorney's fees.

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  • Brother has abused his POA and now I filed for guardianship. Can anyone advise on best no holds barred attorney to represent me?

    i filed for guardianship of my mom which voids brothers POA she now has an court appointed attorney until hearing to determine capacity. She suffers from Alzheimer.i need a cut throat attorney to represent me as the caretaker brother hired for 2 y...

    Will’s Answer

    I think that you will find that "cut throat" may not be the adjective that best fits what you need. As others have stated, consult with a few lawyers to find one you trust and with whom you can communicate.

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  • Can you change your mind after signing an agreement at mediation?

    Just left mediation couple hours ago where I agreed and signed a parenting/time sharing plan for noth my children. On the way home I realized I made a mistakes, the parenting plan I signed wasn't what I wanted for my kids. I felt rushed and intimi...

    Will’s Answer

    It is, as it should be, difficult to set aside a mediated settlement agreement. You should retain counsel IMMEDIATELY to review the agreement and advise you of your options.

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  • In FLORIDA, Broward, Can a personal injury attorney for a car accident take more than 33%?

    STATEMENT OF ACCOUNT CLIENT NAME - Settlement offer received $6000 prof fee from lawyer - 1455 reduced by 500 Med expenses $500 Misc exp $45 ( imaging Pro Doc Storage) Total Fees, Cost, and Expenses $2000 Balance to ...

    Will’s Answer

    If you think the overall settlement is inadequate you don't have to accept it. You should meet to discuss the merits of the offer and the strengths and weaknesses of the case, think about it and decide.

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  • Case law - does it have to be from appeals court?

    Or can it judge be a ruling from any case?

    Will’s Answer

    You can cite case law from a wide range of courts, but the significance of it will depend in part on the court from which it comes. If you cite something from a sister trial court, it may (or may not) be persuasive, but it certainly will not be binding. Respectfully, the question indicates that you don't have the knowledge needed to handle and appeal,. If you are considering trying to represent yourself in an appeal, consider getting counsel instead.

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  • I did not serve my complaint upon the opposing party

    I did not serve this on the party and now I need to know if I can amend my complaints and serve it? That was my own mistake. I'm sure they're probably going to dismiss the initial complaint correct?

    Will’s Answer

    You should be able to amend as the time for response has not started. You don't say how long ago you filed. You are supposed to serve within 120 days, and sooner is generally better.

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  • Mechanics Lien Question

    I hired a flooring company to install tile in my home. I bought and paid for the tile in full which took 2 months to arrive at which time I decided to hire them to do the install as well of which I was billed seperatly for at 50% ($2500) at the ti...

    Will’s Answer

    Have you tendered $1200 as payment in full/in full settlement? You don't mention what sort of contract you had with them, how long after they left you discovered the damages, etc.

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  • Want to know if I have a case

    My wife and I went to a grocery store yesterday brought some stuff and got cash back after leaving the store her car was surrounded by police the white store manager have called the cops on us because and alleged we were doing fraudulent transacti...

    Will’s Answer

    It would take more information to know. Among other things: Why did they think there was fraud?

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  • Do I need to file a law suit?

    I went to a car dealership all while being fed by false advertisement and lies from the dealers themselves, made a non refundable down payment based on liquidation damage. I never touched the car I was supposed to see and take home. After making m...

    Will’s Answer

    You might try the state attorney general's office, and the county's Consumer Advocate. You should have copies of all the relevant documents, including the advertisements on which you relied. If they can't or won't help your best bet is to hire an attorney to review the relevant documents and advise as to options. The Florida Unfair and Deceptive Trade Practices Act provides important rights and remedies that might apply.

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  • My case was denied, how do I get justice?

    My laptop was stolen one week after I purchased it in November of 2014, by my neighbor, a former friend who I had recently disconnected all ties with. I called the police and they subpoenaed records from the HP laptop company, confirming my allega...

    Will’s Answer

    You may be able to assert a claim for civil theft. See Florida Statutes section 772.11 This gives the defendant a powerful incentive to resolve the matter. But this is not something to do pro se. You should get counsel and have them advise you on the risks and rewards of such a claim.

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