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Peter Scott Van Keuren

Peter Van Keuren’s Answers

186 total


  • Can I sue for damages? I,lost my job and my house because my ex roommate got me in trouble, lying to the police.

    She set me up. The, she stole my suitcase with jewelry and belongings, the detective found mysuitcase with only one expensive watch. An I sue her father, he was the one who actually was sponsor le to pay the rent. Now she passed away, they found h...

    Peter’s Answer

    Yes, you can sue the estate of the deceased roommate for the theft. You might also have other claims. HOWEVER, you should think twice before pursuing these claims. Based on the limited fact pattern you set forth, it is unlikely the roommates estate has much in the way of assets. Further, if there is no existing estate, you would have to set up the estate to sue the estate. In the end you might go through a lot of work and money for nothing. You may be better off writing this off as a learning experience rather than a potential lawsuit.

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  • Is it true that a construction lien is valid for one year only and then becomes void if the contractor does not refile the lien?

    I hope my question is satisfactory Thank you

    Peter’s Answer

    The lien is valid for one year and will expire after the year passes. However, if you have sued to foreclose the lien within the one year period, the lien remains an encumbrance on the property. A land owner can shorten the one year life of the lien by contesting the lien ion which case suit must be filed within 60 days.

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  • Can the defendants be granted a motion for attorney's fees if they did not prevail?

    We filed a suit against our landlord for failure to return our security deposit. We prevailed in the final judgment (July 3rd), defendants were ordered to pay back most of the security deposit plus court costs. July 19th, defendants filed a moti...

    Peter’s Answer

    • Selected as best answer

    The prevailing party is entitled to recover fees. In Florida a one way attorney fee provision is against public policy and will be construed as a two-way, prevailing party provision. In addition, the Landlod Tenant Act provides:

    83.48 Attorney’s fees.—In any civil action brought to enforce the provisions of the rental agreement or this part, the party in whose favor a judgment or decree has been rendered may recover reasonable court costs, including attorney’s fees, from the nonprevailing party.

    Therefore, it would be improper under the facts you have provided for the court to award fees to the landlord. If there are additional facts you have not disclosed the outcome may be substantially different.

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  • I reported the coming attacks of 9-11 to authorities in 1998 and early 2001. They concealed it. Do I have a right to redress?

    I got the details in 1997 of where, who, how, and approximately when. I told about 130 people over four years, and through the night of 9/10/2001. I told authorities in and near Stuart, Florida. They did not do their legal duties with regard to th...

    Peter’s Answer

    You appear to be asking whether you may avail yourself of any legal remedies. Fro your question there doesn't appear to be any compensable damage sustained by you as a result of the attacks themselves. Any potential claims for defamation relating to the labeling of you as "delusional, a liar, a terrorist, and a traitor" are likely barred by the applicable statute of limitations at this time.

    As previously mentioned, if you have a story to tell there are many outlets for you you to get that story out including books, magazines, websites, television shows, etc. Otherwise, I don;t see any viable "rights of redress" available to you.

    there are any legal remedies for you to

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  • If in Florida I refuse to attend a deposition what can happen to me?

    If in Florida I made a criminal allegation against someone, and I am called upon by the defense attorney to a deposition and I refuse to attend what can happen to me?

    Peter’s Answer

    What can happen to you depends on whether you are a party to the lawsuit or just a witness. In this case it appears you are a witness to a criminal prosecution. Generally in that instance you will be served a subpoena to appear for the deposition. The subpoena has the force of a court order and your failure to appear is likely to result in a court order of contempt and order compelling you to appear. If you do not appear after the court's order you may be found in direct contempt and taken into custody until such time as you provide the testimony.

    If you have not been served a subpoena, there are no repercussions for failing to appear.

    CAVEAT: If you are a party to a proceeding you will not be served a subpoena. A Notice of Taking Deposition is sufficient to compel attendance.

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  • How long pip auto accident law suit take

    how long pip auto accident law suit take

    Peter’s Answer

    Suits to recover benefits under a personal injury protection (PIP) policy have no set time frame for completion. While the vast majority of these cases settle prior to trial, it can take 1-2 years to get a case to trial depending on how heavily it is defended. These are very technical cases with a number of unique issues and should only be handled by attorneys with experience in PIP suits.

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  • Is loss of job and no income grounds for pain and suffering?

    I lost my job from personal issues I had with my ex-boyfriend 18 months ago. I believe I was mentally abused for over 5 years by the father of my son whom I am no longer with. As a result I have depression and anxiety which seems to continuously ...

    Peter’s Answer

    You have a number of issues to deal with. First, if the relationship is not healthy, you need to terminate it. Perhaps a family lawyer can help you structure the visitation and support arrangement for the child. You may also require some type of mental health counseling to help restore your self esteem and take control of your life.

    If there is a continuing abusive relationship you may wish to obtain a restraining order. You should again consult with the family attorney for this issue.

    Finally, as to your initial request for "pain and suffering" damages, I would recommend you first attempt to rebuild your life apart from the source of this anxiety as set forth above. A lawsuit for money damages may not be the wisest investment of your time and resources and the likelihood for success and recovery of damages is at best uncertain.

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  • I am a small business owner being sued in District Court in Florida by a delivery driver hired as an Independent Contractor.

    the individual signed a I/C agreement but is suing for unpaid overtime wages. I cannot afford an Attorney and am being told if I do not they will get a default Judgement against me. Legal Aide will not represent a company. Is there anything I ca...

    Peter’s Answer

    Unfortunately if your business is a corporation, you will need to retain counsel to represent the corporation in court. The status of your independent contractor may not be as simple as looking at the agreement, although that will certainly be relevant. Many other factors will be considered based upon the business, the job and the work performed by the individual and the manner in which they are compensated. unfortunately, without an attorney, your company will be defaulted and lose its ability to defend the case.

    While you don't want to hear this, you need an attorney as soon as possible to defend the claims.

    employee/

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  • Should I shift real estate out of my name prior to filling out an affidavit about my assets or is accident date the factor?

    My daughter had a car accident with very minor injuries. Car was in my name and I have ample insurance I think (100K) now I'm being asked about my assets. The person is threatening to sue for long term care even though out of work a week.

    Peter’s Answer

    • Selected as best answer

    First, you are not required to disclose any assets to the other side unless there is a judgment already entered against you. Second, your insurance company should be assisting in the resolution of the claim and if the claim can be resolved within your policy limits they have an obligation to do so. Third, your insurance company should appoint an attorney to represent your interests in this matter. If you do not trust the insurance appointed attorney, you can, at your expense, retain your personal counsel to make sure the insurance company is looking out for your interests.

    Finally, you should NOT transfer assets to avoid collection. Doing so constitutes a fraud and the court will pull the assets back into your estate to allow the collection of a valid judgment. You need immediate legal representation and should find an attorney who handles personal injury defense to help you.

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  • Is it insurance fraud if wife lied about the date son lost his coverage to get him on her medical insurance policy?

    son had coverage under his job.. lost it when he lost job.. the insurance says as long as it is within 30 days she can change coverage and cover him since he is still under 26.. it was way more than 30 days an she knew it. and he is not a stud...

    Peter’s Answer

    Yes, this may be construed as insurance fraud. Any knowing misrepresentation made to obtain coverage or to compel the payment of a claim may constitute insurance fraud. Insurance companies vigorously investigate suspected fraud and there are serious consequences.

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