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Will Murphy

Will Murphy’s Answers

861 total


  • 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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  • In Florida, can Attorney Fees be Awarded in APPELLANT court for a denied request for injunction for Domestic Violence Case?

    x girlfriend (who has our baby) had her request for injunction denied. After trial, it was denied again. She filed an Appeal in appeal court. It is outrageously expensive. Can attorney fees be awarded in Appellant Court? I know in the lower co...

    Will’s Answer

    You cannot get attorney's fees if you don't have an attorney. If you do have an attorney, these questions should be directed to her or him. If nothing else you may be able to ask for fees as a sanction, though the standard for that is high.

    There is too much at stake for you NOT to have counsel. And if you don't have counsel there is little to dissuade the other side if they don't mind paying their lawyer.

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  • I am trying to settle a debt I owe

    Trying to settle debt which was sold to another collecting agency; they are offering me a reduced settlement sum. Judgment was made against me by original owner. If I agree to settle will this remove judgment against my name?

    Will’s Answer

    If it were me that would be a condition of the settlement: that they execute and deliver a valid Satisfaction of Judgment

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  • I returned a merchandise, and the shop gave a check, when i went to the bank they have no funds. what should i do?

    the check is for US$ 3.302,11 and it has been more than a month until they gave me the check

    Will’s Answer

    If the company still has assets or income, you have remedies. If they have neither, you may not be able to collect. Hiring a lawyer can help....

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  • Judgment was entered by a collection agency many years they then sold the debt to someone else. Is the judgment still valid? or

    Selling of debt is judgment still valid

    Will’s Answer

    Claims including judgments may be sold. The transfer will not generally affect the validity of the debt. Of course, it could be that there are other reasons the judgment is not enforceable.

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  • Directions to the clerk for records

    I am filing an appeal, and there is no transcript of the hearing. I am going to recreate the record through statements. I don't know how to word this in my directions form, that needs to be filed within 10 days of the notice of appeal. I am approa...

    Will’s Answer

    You want to include in the record everything that would help the appellate court resolve the relevant issues. That is not something that can be answered well in this forum. If your appeal has merit, you should really get an appellate attorney to handle it.

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  • Should mediation be done before a lawsuit is initiated?

    Or is it normally done as part of a lawsuit. I am in the process of suing a business partner and am wondering if I should try to mediate first.

    Will’s Answer

    I agree with the prior answers and just want to reiterate that you are usually well-served by being represented at mediation, even pre-suit.

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  • Does fl. complaint need copy of advert included in complaint?

    After defense motion to dismiss I am preparing an amended complaint to include a copy of the contract which I had omitted. Omission enabled defendant's attorney's motion to dismiss . Claim is based on a web site advert and does that require a copy...

    Will’s Answer

    Your question is a bit hard to follow. Typically leave to amend is to be freely granted as justice requires. If there are other alleged deficiencies, then in general I would want to get them all resolved before amending, but I cannot say what the best course is in your case. My sense after reading your question is that you would be making a mistake to try to pursue this matter without legal counsel.

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  • Looking for Sample Notice of Appeal to 2nd DCA. Emergency Motion to Stay writ of Possession Florida Foreclosure, Not Served

    Judge denied my Motion for Rehearing on my Stay of Writ of Possession. Myself and my Children and another Adult that's receiving Hope Hospice care all are about to be served Eviction from the Sherriff unless I can get this Appeal into the 2nd DCA ...

    Will’s Answer

    • Selected as best answer

    This is an appeal from the county court? To circuit court?

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  • Do my financial company have to take me through arbitration before they take possession of my vehicle.

    I took out an unsecured loan on my vehicle. I've had some financial problems and fell behind four months on my payment. I spoke with someone at the financial company last month to let them know I will make a payment by the end of June, the next ...

    Will’s Answer

    You say it is an "unsecured loan" that is "ON [your] vehicle." I think you mean that it is secured, that you gave a lien on your vehicle. Typically repossession is an option for the creditor if you don't pay, but you would have to review (or better have a lawyer review) your contract and related documents. If you own the money and it is past due then it well may be that they have every right to repossess. That said, you might be able to negotiate, especially if you can come up with an immediate payment. You should consult a lawyer. If you can't afford one, see if Legal Aid will help you.

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