Raul Ruiz's Answers

Under FL employment laws are part time employees entitled to any benefits

No benefits like health insurance or vacation time are required. The employer is required to have worker's compensation insurance if he/she has 4 or more employees. They are also required to pay at least minimum wage.

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Under FL residential landlord tenant laws can a landlord begin eviction process after giving 3 days notice

For a residential lease, the landlord has to give you a three-day notice to pay rent or quit. If you don't pay the overdue rent within the three days or vacate the premises, the landlord can bring an eviction action against you. You should look at the terms of your contract with the landlord to determine your obligations when your rent is overdue.

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Shoplifting

A civil theft notice is different from a criminal arrest. Civil theft notices arise under Chapter 772 of the Florida statutes, which provide a civil remedy for theft and exploitation. A civil theft notice is not a criminal arrest and does not lead to a criminal record. However, this does not meant that the person who sent you the notice may seek to have charges filed against you by the State Attorney. If that happens, a criminal case would be opened.

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What happens to a tenant if they don't respond to a 5 day eviction summons

If you do not answer the complaint, a default judgment may be entered against you by the clerk or the judge. If a default is entered, the landlord will obtain a final judgment for possession and will issue a writ a possession, which will be served upon you by the sheriff. How long this takes depends on how quickly your landlord acts and how quickly the court can process all this paperwork.

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Bankruptcy

You are not alone in your situation. I have represented many clients in the same situation as you. Bankruptcy sounds like a solution to your problem. Bankruptcy can eliminate the debts you discussed. The major issue I see in your case is your second mortgage. There is recent caselaw about the ability to strip-off a second mortgage on your home. A chapter 7 bankruptcy is a liquidation bankruptcy and a chapter 13 is a reorganization. It may be possible to stay with your home in a chapter...

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What is the procedure for responding to a summons of a foreclosure filing

You usually have to file an answer or you will be in default, meaning that they win automatically. You really need to consider hiring a foreclosure defense attorney to assist you with this. You may have been trying to work out a deed in lieu, but they have obviously escalated it to a full blown foreclosure. Hire a lawyer!

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Advice after bankruptcy

You can try to ask them about rexecuting the note and thus having them report it to the credit agencies. Otherwise, you can obtain secured cards or other small loans to reestablish your credit.

Authorized User needs to file chapter 7

An authorized user is not liable for the debt of the primary card holder. Your bankruptcy should not affect your son as it is not his debt.

Authorized User needs to file chapter 7

An authorized user is not liable for the debt of the primary card holder. Your bankruptcy should not affect your son as it is not his debt.

Is there a statute of limitation on being charged with a dui in forida?

The statute of limitaitons for DUI varies on whether the accident is charged as a felony or misdemeanor. Regardless of each one, the police will wait until the results of the blood test are back to charge you with the crime (assuming it's over 0.08 usually). Had they arrested you now, they would have a speedy trial issue down the road. For a felony DUI, they can charge you up to 3 years after the incident. If it's a misdemeanor, that drops to 2 years.