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Christopher Emmanuel Benjamin

Christopher Benjamin’s Answers

71 total


  • I've just bought a travel agency franchise which operates out of my home. What permits and/or license do I need to obtain?

    Home based business.

    Christopher’s Answer

    You would need to go to your city and county code enforcement departments and ask them the same question.

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  • I retained an attorney in Florida to handle my divorce, I have paid nearly 10,000 in fees over the last 14 months, because I am

    late with an additional 5000 payment my attorney notified the courts that she was withdrawing as counsel. Payment is a few days late, the money is in my account. Is it possible for an attorney to reinstate herself as counsel after withdrawing...

    Christopher’s Answer

    She will more than likely withdraw her request to withdraw upon your payment ... Sorry that you are having that experience.

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  • I now reside in Florida, my wife resides in Tennessee. Where do I file for a divorce?

    I left my wife and the marital home in Tennessee on December 22nd, 2014. Neither of us are currently employed. I started receiving Social Security benefits February 25, 2015. I have a few thousand dollars in a 401K that will need to be rolled o...

    Christopher’s Answer

    You can file in FL if you've been a resident for at least six (6) months. You have few issues going on in your scenario that really require a complete analysis from a firm that can handle all your legal needs (the Barrister Firm).

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  • How do I file a motion to vacate, for an order of nonompliance, in a child support matter?

    it says within 10 days of the date on which it is entered. So does that mean the warrant wont be issued until that 10 day Window has expired, and obviously im strapped for cash, so will I need to pay any money towards anything??

    Christopher’s Answer

    If it's a judge and not a hearing offer; you must appeal the Court's finding (if it's a hearing offer see my other response to your question). In order to set a purge, the Court cannot arbitrarily set purge amount; the Court must identify where this money is coming from and that the amount of the purge is available to you. Yes, the Court can order you to sell or take a loan against unencumbered (or those having equity) personal property in order to pay a purge. If you are seeking an appeal of the Court's order - you will need to get a complete analysis of your case - quickly. We are The Barrister Firm.

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  • How do I file a motion to vacate, for an order of nonompliance, in a child support matter?

    it says within 10 days of the date on which it is entered. So does that mean the warrant wont be issued until that 10 day Window has expired, and obviously im strapped for cash, so will I need to pay any money towards anything??

    Christopher’s Answer

    It sounds like you were found in contempt for failure to pay; if so, you have 10 days to file exceptions to the hearing officer's report (i.e., tell the Court how the hearing officer failed to follow the law or rules of procedure). You will also be responsible for supplying a complete record of the hearing (i.e., the transcripts) which you can get (instructions) from the Court. You need to make sure you do it right ... Get a complete case analysis from the Barrister Firm.

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  • Do I need a lawyer if my husband I have no kids or house to divide and we have both agree to pay half our debt?

    We live in Florida, married 4 1/2yrs,

    Christopher’s Answer

    Honestly, not really - Florida has simplified divorce proceedings for couples who have no kids, no assets and no debts; however, you must both complete the petition together and both must attend the final hearing. You may find free firms and instructions at www.flcourts.org/family forms. I would also suggest a legal consultation to get an understanding of the process and requirements.

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  • If while in court they ask me a question l feel to be self criminated, can I reply: " I exercise my rights to remain silence?"

    Can I excercise rights to remain silence if being asked a question l feel l may be in trouble if I asnswer yes/

    Christopher’s Answer

    It depends on whether you are in civil or criminal court; even in civil proceedings you must testify under oath - in this situation you can invoke your right to remain silent if answering the question could subject you to criminal investigation or prosecution. Seek a complete legal analysis to get a complete understanding of your constitutional rights.

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  • Can I file a wrongful death suit for my mother in Florida if I'm the only beneficiary and over 25 years old?

    My mother suffered the same symptoms for 2 months. Heart attack like chest pains, pressure around her lungs, lack of appetite and vomiting mucus and foam. Went to the same Hospital ER 3 times and was diagnosed with Gastritis. Symptoms only worsene...

    Christopher’s Answer

    It is unfortunate that this has occurred and you have our deepest condolences. Often times, as attorneys, we must be the bearer of bad news and this appears to be one of those times - your age (over 25yrs old) bars you from asserting a claim for wrongful death in Florida.

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  • Did I have any rights?

    I worked for a company for 2 years and was fired because they said I lied on my application.

    Christopher’s Answer

    Florida is an at-will employment state; which means that employers can terminate employment at anytime and for any non-discriminatory reason and employees may terminate employment at anytime and for any reason (no mandatory two week notice). So, as long as the employer isn't acting for a discriminatory or retaliatory (revenge firing) reason you can be terminated despite the length of your employment. For a complete legal analysis, call the attorneys at The Barrister Firm.

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  • What is court process for a Motion to Vacate, Set Aside, or Correct Sentence (Motion 28 U.S.C. § 2255) with Memo of Law filings?

    What is next step for 2255 Motion , Opposition Response & Opposition Reply? What to expect from court? When to expect ruling? Should the Opposition Reply be amended (new laws & information have been found since 06/2014 filing)? Would new filing he...

    Christopher’s Answer

    This question is very specific and should be looking at how to find a lawyer in your local area to answer these questions. This is not something you can do alone despite any advice you may get in this forum; instead, use it to seek local assistance.

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