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Jon Polenberg

Jon Polenberg’s Answers

8 total

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

    My ex and I were pro se during the final stages of our divorce. The day before the trial, he suddenly had a new financial affidavit and an attorney. I was unprepared to present my case against an attorney alone and was therefore unable to show his...

    Jon’s Answer

    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 can also ask legal aid for help with the limited issue of the subpoena, and that organization is supposed to assist people without the financial resources to afford an attorney.

    The response, comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information is not intended as legal advice or to create an attorney-client relationship between you and me. Such Legal Information is intended for general informational purposes only and should be used to start you asking questions about your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the response, comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information. You understand that questions and answers are not confidential and are not subject to attorney-client privilege.

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

    My car is a 2001 with 80k miles. I took it to get the oil changed at a place & after I left, I drove 8 miles & the engine sputtered & clunked on the highway. I pulled over immediately, but the engine died before I even stopped. I got towed to ...

    Jon’s Answer

    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 information is not intended as legal advice or to create an attorney-client relationship between you and me. Such Legal Information is intended for general informational purposes only and should be used to start you asking questions about your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the response, comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information. You understand that questions and answers are not confidential and are not subject to attorney-client privilege.

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

    My car is a 2001 with 80k miles. I took it to get the oil changed at a place & after I left, I drove 8 miles & the engine sputtered & clunked on the highway. I pulled over immediately, but the engine died before I even stopped. I got towed to ...

    Jon’s Answer

    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 information is not intended as legal advice or to create an attorney-client relationship between you and me. Such Legal Information is intended for general informational purposes only and should be used to start you asking questions about your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the response, comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information. You understand that questions and answers are not confidential and are not subject to attorney-client privilege.

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

    They agreed to void it & returned contract as vioded out. there was a $2000.00 down payment then other small payments. both parties could not agree on new price & contract. almost entire year passed. recently they demanded we return items so we re...

    Jon’s 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 damages from you in an amount equal the the value of the goods, and potentially additional amounts for consequential damages.

    The response, comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information is not intended as legal advice or to create an attorney-client relationship between you and me. Such Legal Information is intended for general informational purposes only and should be used to start you asking questions about your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the response, comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information. You understand that questions and answers are not confidential and are not subject to attorney-client privilege.

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

    In our civil case, there was a complaint and one amended complaint with many causes of action including breach of contract and a number of torts. Does the amended complaint have to allege each and every element of each cause of action? What if a...

    Jon’s Answer

    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 consequential than the alternative of lossing your case at trial because the Court prevents you from presenting evidence to support an element not alleged.

    The response, comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information is not intended as legal advice or to create an attorney-client relationship between you and me. Such Legal Information is intended for general informational purposes only and should be used to start you asking questions about your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the response, comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information. You understand that questions and answers are not confidential and are not subject to attorney-client privilege.

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  • Do I need to and How to subpoena a witness

    I went to mediation and notified the judge that I was going to need one of the plaintiff's employees as a witness to be interrogated at the non jury trial. The Judge did not inform me if I had to subpoena the employee or of they would. Before I co...

    Jon’s 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 quicker than law enforcement. You can probably locate someone from law enforcement for service of process at the clerk's office.

    The response, comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information is not intended as legal advice or to create an attorney-client relationship between you and me. Such Legal Information is intended for general informational purposes only and should be used to start you asking questions about your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the response, comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information. You understand that questions and answers are not confidential and are not subject to attorney-client privilege.

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

    Cert of title just issued into our HOA's name. Previous owner was $400 behind on HOA dues. Our HOA filed foreclosure suit in 2009 after First Horizon Mortgage filed lis pendes in 2007. First Horizon hasn't moved forward in their foreclosure and...

    Jon’s 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 information is not intended as legal advice or to create an attorney-client relationship between you and me. Such Legal Information is intended for general informational purposes only and should be used to start you asking questions about your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the response, comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information. You understand that questions and answers are not confidential and are not subject to attorney-client privilege.

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

    We want to make sure that it is very clear what was admitted, so the other side does not claim that any document we want to present at trial is not what was previously admitted. How can we do this?

    Jon’s Answer

    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 way to agree to admitting the documents without requiring the Court to hear the motion. If so, you should submit an agreed order. If not, either schedule a hearing or ask the Court to take up the motion as a preliminary matter before the trial commences outside the presence of the jury. If it is not a jury trial, then simply ask the Court to consider the motions before starting the bench trial.

    The evidentiary issues involved with admitting "large volumes of documents" are difficult to address.

    The response, comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information is not intended as legal advice or to create an attorney-client relationship between you and me. Such Legal Information is intended for general informational purposes only and should be used to start you asking questions about your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the response, comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information. You understand that questions and answers are not confidential and are not subject to attorney-client privilege.

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