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Richard Sierra
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Richard Sierra’s Answers

25 total

  • I just found out my CPA did not file our taxes for 2013

    I paid $5000 to IRS in April and CPA filed an extension due to a foreign income exclusion. This is the first time CPA have done an extension so I didn't know how it works. I thought everything was done since I paid and thought he filed our taxes....

    Richard’s Answer

    I highly recommend you consult an attorney ASAP. Please be advised that there is a 2 year statute of limitation on professional malpractice claims. This is a serious matter and you need to retain an attorney. I do not recommend you handle this pro se.

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  • If the assigned judge is retiring, why would they assign him in the first place.

    The assigned judge's term is slated to end in February. New judges have been elected. What happens to the judge's cases that are in progress., My case was newly filed in December after having been dismissed without prejudice. The previous judge...

    Richard’s Answer

    The clerk of the court assigns the cases in a random basis to the division the judge is assigned to by the administrative judge. Judges are reassigned to new divisions periodically, since your case is a newly filed case, it should not have a bearing in your case. Based on the limited information, it is not clear whether you are the Plaintiff or Defendant or what type of case it is. Regardless, it is a good idea that you consult with an attorney regarding your legal options on your case. Good Luck.

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  • I signed an agreement to purchase a business. The deal fell through and now they are keeping my escrow. How can I get it back?

    The broker in the deal suggested a third party to finance the deal. We never received anything from the third party. Come closing day the financier was not ready, but the broker suggested that we should sign the closing documents and just deposit ...

    Richard’s Answer

    I am sorry to hear that your deal fell through and you are facing this situation. Based on the limited facts, it is not clear whether a contract was executed by you and the seller and what were the terms, if any, of the deposit and the obligations of the escrow agent. There is also the issue of what role the broker had in this transaction. I recommend you consult with a business litigation attorney to help you sort this out and discuss your options.

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  • Lawyers in Florida who can do complex civil litigation cases at a flat rate or contingency basis?

    Causes include detrimental reliance and intentional torts among others

    Richard’s Answer

    Based on your question, it is not clear if you are asking if a Florida lawyer can represent a client in Complex Circuit Civil Court on a flat rate or contingency basis. The answer to both questions is yes. However, the Retainer Agreement must establish the scope of representation and the fee structure. Complex Business Court has additional rules that a party must follow and this is something that should not be handled pro se.

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  • I was sued by CACH LLC and my Pre-Trial date is on Jan 23, 2015. However, I recently filed for chapter 7. Should I go to court?

    I hadn't planned to file for bankruptcy at this time, but the above company forced me to file for chapter 7 because I didn't want them to get a default judgment. I was just wondering if I still need to go to court. I heard I don't need to go becau...

    Richard’s Answer

    It is essential that you or your attorney file a Notice of Suggestion of Bankruptcy and notify the Circuit Court of your pending bankruptcy case and the Order of Automatic Stay. The state court cannot continue while the Automatic Stay is in place. Also, notify the LLC's attorney in writting that you are in bankruptcy. This also will provide him notice and he should not continue prosecuting the case while the bankruptcy is in place. Good Luck!

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  • Proper document form: cross-notice of taking deposition

    I am a pro se defendant in a circuit civil lawsuit. My case and the case of another defendant (who is being sued by the same plaintiff) have been consolidated for purposes of discovery. The Plaintiff's deposition has been set in the other case and...

    Richard’s Answer

    Your question raises a few concerns that should be addressed before answering the procedural question. First, you are a "pro se" defendant in a circuit civil case. If the Plaintiff is represented by an attorney, the most likely scenario, you are at a complete disadvantage right from the start regardless of the merits of your defense. Unlike county court or small claims, the rules of court in the circuit civil division are highly technical and if not followed, they could be fatal to your defense. Second, the Circuit Civil division is for disputes over $15K. This tells me that you are being sued for at least $15K and the other side is probably seeking attorneys fees as well. Therefore, you are in a legal problem that you may not have the technical skills to navigate the rules of court and your exposure is over $15K. I recommend you seek a consultation with litigation attorney to explore your options.
    Regarding the cross-notice of taking deposition, I also recommend to have an attorney conduct this deposition on your behalf. As a defendant, you are not required to take the deposition at the same time. You are entitled to attend the deposition and order a copy of the transcript if you so choose. Good Luck!

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  • Under Florida law when must a litigant make an adversary whole again to pursue rescission of a contract?

    no additional details

    Richard’s Answer

    In addition to the answers provided, I would like to add that under Florida law you a Notice of Rescission has to be sent prior to seeking relief from the courts. This is an equitable remedy and something that a pro-se litigant should not handle. I recommend you seek the advise of an attorney to discuss the matter further.

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  • How to get default judgment reversed?

    I mistakenly thought we had a hearing to clear lien off our family title. It was a default application. Judge ruled against us because failure to reply to builders application . Builder now says he will accept two thirds for quick payment , but it...

    Richard’s Answer

    Based on the limited facts it is not clear whether a Default or a Default Final Judgment was entered against you. Generally speaking, you have one year from the entry of a Final Judgment to move to vacate the judgment. Once the judgment is entered, time is not on your side. I recommend you take this judgment to an attorney as soon as possible to receive the proper advise.

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  • LLC start up co-mingle funds question

    So when first starting a single member LLC, when you pay for the LLC formation and use a personal credit card to pay since you can not have a business checking account prior to the formation, is that an issue with co-mingling funds? And what about...

    Richard’s Answer

    These are pre-incorporation expenses and related to the business. Your accountant should be able to make the proper journal entry for you to receive reimbursement for these expenses and write them off as a business expense.

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  • What motion or what is the proper way to inform the judge that the case has gotten so crazy that I don't no what direction

    Im pro per in a civil suit that started out I was being sued by my ex for items that he left behind two years ago, (post divorce 2 years) decree and issues were declared moot by the one judge so he filed in a different court and now he has added c...

    Richard’s Answer

    The first thing that I would advise you is to retain an attorney asap. In Florida, we can file a Motion for Status Conference and request a 15-20 minute special set hearing and address these matters with the judge and get the case back on track. Good Luck!

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