Jon Polenberg’s Answers

Jon Polenberg

Fort Lauderdale Lawsuit / Dispute Attorney.

Contributor Level 7
  1. A "speedy" oil change place destroyed my car's engine. What do I do?

    Answered almost 4 years ago.

    1. Gust G Sarris
    2. Jon Polenberg
    3 lawyer answers

    You should read the receipt given you at the time you obtained the oil change goods and services because there may be some information regarding how to proceed with disputes. By taking the time to read your documents, you will be able to avoid wasting time. You will also appear knowlegdable to the business as you approach it with your demand to recover your damages. The response, comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or...

    1 person marked this answer as helpful

  2. Civil or Criminal? entered agrement to purchase in installments equipment. however they misled equipment & agreement was voided?

    Answered about 4 years ago.

    1. Jon Polenberg
    1 lawyer answer

    Although you cannot predict absolutely what actions law enforcement will take when it receives a report, it is likely going to be considered a civil matter rather than a criminal one. The essence of the dispute is the parties rights and obligations eiehter under a contract, or, if the contract is void, under the common law. But consider your position fully before making a stand with the seller. If you have not paid for the goods received, then the seller is likely to prevail on recovering...

    1 person marked this answer as helpful

  3. Does a complaint have to allege all the elements of each cause of action?

    Answered about 4 years ago.

    1. John Davis Hoffman
    2. Jon Polenberg
    3. Pamela Koslyn
    3 lawyer answers

    If you know the complaint is missing an element, you should amend it to avoid problems at trial. Although the Courts may not be thrilled with a motion for leave to amend the complaint in a case that is close to trial, it should grant the motion. One of the probable consequences for amending the complaint will be the Court removing the case from the trial calendar because the pleadings would not be "at issue." But because there may be legal defects in the complaint, the delay may be less...

    1 person marked this answer as helpful

  4. Do I need to and How to subpoena a witness

    Answered about 4 years ago.

    1. Jon Polenberg
    1 lawyer answer

    Yes, you should serve a subpoena. There should be forms you can find to draft a subpoena; try the clerk of court and the Internet. Once you have the form, complete the required information, which includes an address where process server may serve the witness (probably the witness's home address). The clerk of court will then stamp the subpoena. Take the completed subpoena to the Sheriff or Police who will serve the subpoena. There ate also private process servers who may serve the subpoena...

    1 person marked this answer as helpful

  5. We want to use motions in limine to admit evidence (not exclude it). How can we positively identify large volumes of documents?

    Answered about 4 years ago.

    1. Jon Polenberg
    2. Nicholas C. Zales
    3. Pamela Koslyn
    3 lawyer answers

    Documents are generally hearsay and not admissable to prove the truth of what each one states. If there are hearsay esceptions covering the documents you wish to admit, and would therefore be a good subject to cover with a motion in limine. Review the hearsay evidence rules and determine which ones apply. For each document you seek to admit, write a short explanation why a particular hearsay exception governs. Once complete, share the motion with the opposing counsel to see if there is a...

    1 person marked this answer as helpful

  6. What needs to be shown in order to prove a financial affidavit was filed with false information?

    Answered almost 4 years ago.

    1. Jon Polenberg
    2. Andrew Daniel Myers
    2 lawyer answers

    In Florida, anyone can ask the Court to issue a subpoena. Take some time to go to the clerk of Court and ask for the form subpoena. The Clerk of Court should be able to execute the subpoena, which you then take to the Sherrif to serve it. To draft the supoena, make sure you are clear about what documents or information you want produced to you because the company or person receiving the subpoena probably does not know what your case is about or why you are seeking the items. You...

  7. A "speedy" oil change place destroyed my car's engine. What do I do?

    Answered almost 4 years ago.

    1. Gust G Sarris
    2. Jon Polenberg
    3 lawyer answers

    You should read the receipt given you at the time you obtained the oil change goods and services because there may be some information regarding how to proceed with disputes. By taking the time to read your documents, you will be able to avoid wasting time. You will also appear knowlegdable to the business as you approach it with your demand to recover your damages. The response, comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or...

  8. Florida - Why would our HOA foreclose on a house assessed at $300,000 that has liens on it around $775,000?

    Answered about 4 years ago.

    1. Jon Polenberg
    1 lawyer answer

    Although I may not know why your association is foreclosing on a home for which the debt exceeds its value, you should be able to find out the reason. There should be board of director meeting minutes establishing why the board decided to foreclose. As a member of the association, you have the right to review the meeting minutes by making a books and records request. The response, comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or...