Timothy Dean Henkel’s Answers

Timothy Dean Henkel

Miami Litigation Lawyer.

Contributor Level 5
  1. In Florida in Civil Lawsuits, Is it 20 Days or 30 Days for the Defendant to Respond?

    Answered 8 months ago.

    1. Timothy Dean Henkel
    2. Jeffrey B. Lampert
    3. Jonathan R. Miller
    4. Laura Lee Shields
    5. Michael T Warshaw
    5 lawyer answers

    A defendant has 20 days to serve and file a response to a complaint in a normal civil action per Rule 1.140(a), Florida Rules of Civil Procedure. But, if your matter is a landlord\tenant case seeking eviction, summary procedure may be allowed such that the defendant only has 5 days to respond to the complaint. See Florida Statutes Section 51.011(1). The Clerk of Court can assist you in determining whether a 20 day or a 5 day period is applicable as the time period must be expressly stated in...

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  2. A default was entered against my company for failure to file papers on a non employee without company being served. or noticed.

    Answered almost 2 years ago.

    1. Timothy Dean Henkel
    2. Patrick Russell
    3. Pamela Koslyn
    4. Matthew Erik Johnson
    5. Ronald Lee Bell
    5 lawyer answers

    Typically to set aside a default in Florida, you need to show 3 elements: (a) excusable neglect for not responding in time; (b) a meritorious defense; and (c) diligence in moving to set aside the default. It is critical that you immediately file a motion to set aside the default on the writ of garnishment. Potentially you and\or your company could be liable for the garnishment if you are defaulted. It appears that you have a meritorious defense because the individual is not employed by you...

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  3. Getting out of a subpoena

    Answered 8 months ago.

    1. Eugene P. Castagliuolo
    2. Jeffrey Robert Davis
    3. Christopher Robert Dillingham II
    4. Timothy Dean Henkel
    5. Paula Brown Sinclair
    5 lawyer answers

    The judicial process does not work and truth is not found if witnesses do not testify as to the facts known to them about the dispute in question. Yes, attending a trial is inconvenient and nerve wracking but it is an important duty of all citizens. If you have some severe medical condition or other strong reason for not attending, it may be possible to get the attorneys for the parties to stipulate that they will take your deposition and then show that videotape (or read your written...

    2 lawyers agreed with this answer

  4. If a non-party is served with a subpoena, and he files a motion to quash prior to the deposition date, does he have to show up?

    Answered about 3 years ago.

    1. Timothy Dean Henkel
    2. Lawrence Howard Kolin
    2 lawyer answers

    1. Technically, the mere filing with the Court of a motion for protective order does not preclude the legal duty under the subpoena to appear to give testimony and\or to produce documents, if the subpoena is duces tecum. A subpoena is a form of Court Order and must be obeyed unless excused by the Court. A witness must actually secure either the agreement of the party (or their counsel) who had the subpoena issued or secure a Court Order to grant protection (Protective Order) or to quash the...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. How to set up a Lottery or raffle Online site without breaking any laws

    Answered 8 months ago.

    1. Brent Allan Rose
    2. Timothy Dean Henkel
    3. Pamela Koslyn
    4. Jonathan H Levy
    5. Andrew Mark Jaffe
    5 lawyer answers

    Do not engage in this business as it is likely illegal. The various Federal and State laws that probably prohibit this type of lottery or raffle business are highlighted at: http://www.gambling-law-us.com/contact.htm. As an example, please see the Federal Unlawful Internet Gambling Enforcement Act of 2006, Title 31, Section 5361 of the United States Code. It is critical that you obtain a written legal opinion by competent legal counsel with specialized knowledge of federal and state criminal...

    1 lawyer agreed with this answer

  6. Can I get arrested for not showing up for a Order on Rule To Show Cause court hearing.

    Answered almost 2 years ago.

    1. Timothy Dean Henkel
    1 lawyer answer

    Unfortunately your question does not specify who is the "they" nor the specifics of what the Court's Orders requires. But, assuming that a judgment creditor has obtained an order from the Court that requires you to appear in Court, before the judge, you must appear in Court or yes, the judge could issue a bench warrant, even in a civil case, and have you arrested for civil contempt. It does not matter if you have no assets subject to execution. You still must comply with the Court's orders...

  7. Can I sue my credit union for taking money out of my account to pay a loan that I did not authorized.

    Answered about 2 years ago.

    1. Charlton Stoner
    2. Dana L. Manner
    3. Timothy Dean Henkel
    3 lawyer answers

    Your question does not present enough of the facts to give you a complete opinion and I cannot determine whether or not you do or do not have any legally sufficient and factually supported claims that may or may not entitle you to a recovery. Most importantly, an attorney would need to first review the terms of your auto loan agreement before being able to advise you. But, based upon my experience, your lender would probably be entitled under that agreement to exercise setoff rights...

  8. What form do I use to file a notice of appeal in civil court in Florida

    Answered about 3 years ago.

    1. Timothy Dean Henkel
    2. Daniel J. Rose
    3. Will Murphy
    3 lawyer answers

    Your question is too incomplete to answer. The first question is which court do you wish to appeal from and to, and a second question, is what is the nature of the order, ruling or judgment you wish to appeal. If there is a final judgment in a civil court in the circuit court, you need to file a timely notice of appeal to the applicable district court of appeal and tender the appropriate fee to the clerk of court to proceed to the district court (intermediate court of appeals in Florida). If...

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