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Jeffrey B. Lampert
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Jeffrey Lampert’s Answers

5,243 total


  • How do we go about the process. Is this eviction? ejection? unlawful detainer?

    My father had a friend staying with him in his condo. She was never listed on a lease or paid rent. He passed away. Now we (children) own the condo and want her ejected/evicted etc. How do we go about this process? We want her out ASAP and wa...

    Jeffrey’s Answer

    Unlawful detainer is the action. The new statute quoted by my colleague allows law enforcement to make a decision based on certain factors, but law enforcement may decide to take a pass, as they typically do not want to get involved in civil disputes.

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  • What can I do at this point to recoup all of the $5000 loan?

    I loaned my sister $5000 for a legal issue with involving her son. The agreement was to pay me back when she gets her taxes. She now informs me that I will be paid close to what is owed but not all.

    Jeffrey’s Answer

    Take the money. If it is short then ask her when she can pay the rest. And whatever she says, say OK. Or, how about $100 per month. You just know that she HATED coming to you for the money, but she was desperate. It's not like she used the $ for a vacation, but to keep your nephew from "going away" for a while.

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  • What are the steps for taking him to small claims court?

    I hired a handyman to replace my damaged door handle. I gave him $480 to purchase the door and in advance. He never showed up for our scheduled appointments, after several attempts to reschedule he agreed to reimburse me. That was in Sept 2...

    Jeffrey’s Answer

    The Pakm Beach County Bar Asdiciation has Small Claims Clinics every month; visit their website or call to see when and where.

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  • I have a 300.00 credit card i need to pay if I talk to them about it is it possible they will give me time to start paying?

    I have a 300.00 credit card I need to pay if I talk to them is it possible they will give me time to start making payments I can pay it in a lump sum but can the sue me or send me to jail?

    Jeffrey’s Answer

    You can't be sent to jail for not paying a debt.

    You can be sued, but whether or not you will be sued is an open question. While it may be a lot of money to you for the credit card companies it is a drop in a swimming pool.

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  • Unemployed for 9 mos, should I seek a pro bono lawyer in my state or await to be appointed one if/when we go to civil court?

    I am an African American, female Veteran beyond age 40. I have filed a formal EEO complaint against my former employer (Federal Govt agency). During my almost 10 yr tenure there I have been systematically discriminated against. While having a 4 y...

    Jeffrey’s Answer

    Attorneys are not appointed in civil cases, only in criminal cases.

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  • uber drivers camera pointed at the passengers during the time at which i am in the vehicle is this illegal?

    an uber driver has a camera pointed at the passengers during the time at which i am in the vehicle the driver explained that it was for security reasons is this an invasion of privacy?

    Jeffrey’s Answer

    You are getting into another person's car, voluntarily, and that person can see your face. Is that an invasion of privacy? I can understand your concern, though, that your picture might be distributed or put on line and who knows, maybe the background in the pic would show that you were some where you weren't supposed to be, like at Marlins Park when you were supposed to be at work.

    Put it differently, can a stranger with a cell phone take a picture of you while you are on a sidewalk or at Publix? There can not be an expectation of privacy when you are out in public.

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  • What can I do to get off the car loan and title? What can I do about the issue with Geico?

    I purchased a car with my then girlfriend. We are now broken up and she has Poseidon of the car but my name is still on the title and loan. I have tried to get her to refinance but it has been almost a year and she hasn't. She got into a car accid...

    Jeffrey’s Answer

    Getting your name off the lien is up to the creditor. And the likelihood they will do that is just about -0-. They want to be able to go after as many people as they can if there is a default in payment. If there is insurance on the car you should report the accident so that it will cover the Geico claim, and if it doesn't because it wasn't timely reported, that is yet another issue. If there is no insurance on the car, GET SOME right away. Like TODAY. As long as the ex is driving, there is potential for another accident, and one in which there are massive personal injuries involved.

    I agree with my colleagues, and especially Mr. Elie's suggestion that you get the car. If you are on the title it is not theft. Park it some where where the ex won't just come and get it back. Sell the car. Get enough to pay off the loan, and if you can't, you might even want to sell for less and come up with the rest to pay the loan off. Otherwise, if the ex stops making payments on the loan, your credit will become toast. Which means that you should monitor the status of the payments, so payment is not made more than 30 days after the due date.

    Tough situation. Not the first time this type of thing happens, won't be the last.

    Good luck.

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  • I haven't heard anything back from this attorneys office and wanted to know what my rights are? Isn't this considered Breach of

    I hired an attorneys firm back in June 2015 that deals with family law and paid over $2,000 for a child modification case. My final judgement was back in 2005, so my case is still in jurisdiction with the court. I was told my case would take...

    Jeffrey’s Answer

    Forget phone calls. Make an appointment for a face-to-face. Look at your written fee agreement. Is the retainer non-refundable? If so, they will play that card in order to keep your $. If not, demand a refund of the retainer.

    I will point out that in my view there is no such thing as a "simple child modification" case, unless the other parent has already agreed to change.

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  • Can I evict her from my property. How can I do it.

    I made an agreement with my tenant that she will pay the rent weekly. For the two first weeks she was short. The following two weeks she didn't pay. It's not working for me.

    Jeffrey’s Answer

    Yes, you can file for eviction. First, you will need to provide a 3-day notice to the tenant to pay what is owed or leave. At the same time, another notice to the tenant advising that you are terminating the week-to-week rental agreement. Notice must be given not less than 7 days prior to the beginning of the next rental term. That way, if she pays what is owed you can still evict if she pays. The likelihood of her paying is just about -0- anyway.

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  • Can I sue for slender

    The father of my child served me paternity papers. We are at the end of the case. In the court papers he said I'm an alcoholic. I am unfit mother. Child lives in unfit home. I was pregnant with my fiance baby and I was high risk. I also and disab...

    Jeffrey’s Answer

    Sorry, but there is something called "litigation privilege". There is nothing that is asserted in a pleading or testimony that can be the subject matter of a slander or libel claim.

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