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Brian Frank LaBovick
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Brian LaBovick’s Answers

8 total

  • I have been charged with foodsatmp fraud in washington what is the punishment

    I have no record and I didn't receive any money from thre government just foodstamps.

    Brian’s Answer

    Depending on our criminal history, the amount of fraud involved and other factors in the case, you could be charged with either State or Federal felony charges. Your question simply does not have enough facts to support an accurate answer. I would suggest you call a local criminal defense attorney and ask for his best guess on the typical punishment for your situation.

    Best of Luck,
    Brian F. LaBovick, Esq.
    LaBovick Law Group
    www.LaBovick.com

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  • Can you take legal action if you buy a car and the dealership lies to you about whether or not the car has been wrecked.

    We bought a 2009 Saturn with 21,000 miles and were told it had been a rental only. We specifically asked if it had ever been wrecked and were told " Oh no . We don't sell wrecked cars". A year later we took the car to have tires put on and the mec...

    Brian’s Answer

    You case is complex. First, I believe you had a cause of action against the dealer. There are a number of Florida laws that could have applied to the representations they made, falsly. However, now that you have obtained some satisfaction on the situation there are more legal defenses available to the Defendant if you sue now. The fact that you accepted some nominal help to get you back into the car could be used by the Defendant as a "settlement on this issue." Car dealership are stereotypically tricky and I am sorry you were hurt by this dealer. This is a hard case now, not impossible. If you wanted to discuss it with a local attorney I wouldn't balme you.

    Best of Luck,
    Brian LaBovick, Esq.
    LaBovick Law Group
    www.labovick.com

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  • What legal action can I take against identity theft if you know who did it?

    My ex husband has created an online id with his email and my email is in now receiving info on my bank account. He has my personal information ie. ss# and tx dl. from tax records etc. My own online profile does not show his information at all o...

    Brian’s Answer

    If you can establilsh the necessary proof to show the judge he is violating your privacy then depending on your State laws, you should have a cause of action against him. I would highly recommend gathering up whatever evidence you have and turning it over to the police as well as contacting an attorney near you. Do not let this behavior continue. You may also need a restraining order if this person is violent.

    Best of Luck,
    Brian LaBovick, Esq.
    LaBovick Law Group
    www. labovick.com
    West Palm Beach, FL

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  • I bought a truck through Ebay. Paid within 3 days of auction ending. I emailed the seller so I could get the truck and title.

    Numerous days go by. Seller finally emails me, tells me he doesnt have the title, bank does and is in process of bankruptcy. Im left without a truck nor my 700. How long do I have to sue and take seller to small claims court in TX and what steps ...

    Brian’s Answer

    Holy Cow are you in a tough spot. The problem is that the monetary loss is not enough to really entice anyone to take the case. I am a Florida attorney, so I do not know Texas laws, but under Florida laws we have some great consumer protection laws that make it a worthwhile case for an attorney to take the case and sue the person who ripped you off. Some of those protections are things like the Unfair and Deceptive Trade Practices Act and the Florida False Claim's act. I would suggest you call and attorney in your area and explain that this is a slam dunk Unfair and Deceptive Trade case and see if it works under the Texas Statute.

    Best of Luck,
    Brian F. LaBovick, Esq.
    LaBovick Law Group
    www.LaBovick.com
    West Palm Beach, FL

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  • Robert thank you, But this was in New Mexico. I live I El Paso, I was injure at work and transportation extremely impossible

    as I require a driver. Can someone just conjure up a state of fear and be granted a peace bond to keep me from attending court?

    Brian’s Answer

    People conqure up stuff all the time to get out of court. That is an unfortunate fact. Most of the time the judge will permit them to get away with it. Sad but true. However, from your question it appears you are looking for someone named "Robert". I do not think Robert is able to respond directly. Look back, if you can at the original posts and see if you can find Robert's contact information. Then look him up on Avvo. That way you can talk directly to the person you started this conversation.

    Best of Luck,
    Brian LaBovick, Esq.
    LaBovick Law Group
    www.labovick.com
    West Palm Beach, Florida

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  • My som is gone. He went to an ER in Arizona (PV) He had overdosed; They released him. He went home( to my ex-husband) and

    They released him and he died. He had 4 drugs in his systems- (i have all reports) but he took Methadome. WHICH is a quick release. TEMPORARY when he went home and went to sleep ---- at 18 ( OK not just 18) but on July 31, 2010 several days...

    Brian’s Answer

    You are in a very terrible spot and I am sorry for your loss. Unfortunately medical malpractice and any other type of claim for wrongful death is extremely complex. Although the facts you provided are certainly terrible and deserve something to be done, you need to contact an attorney in your area to fully explain all the details of what happened and who was involved in your son's last few days. These details will determine if there is a legal action which can help you find justice for what happened. Nothing will ever bring back your son, but if you find the right attorney you will at least find some answers as to what went wrong.

    Best of luck,
    Brian LaBovick, Esq.
    LaBovick Law Group
    www.labovick.com
    West Palm Beach, Florida

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  • Where can I bring this case when I was in a car accident in Illinois, but live in NY.

    I live in NY, and I was in an accident in Illinois with a truck. The truck driver lives in Illinois, but his employer is a corporation in Wisconsin. The trucking company is a subsidiary of a larger corporation in Ohio. I was badly hurt (multipl...

    Brian’s Answer

    The Plaintiff, that would be you, can bring the claim in any of the three states: Ohio, Wisconsin or Illinios. However, you should look at each jurisdiction to determine which one will be most favorable to your type of case. Experienced attorneys in those jurisdictions will be able to advise you as to which jurisdiction is best.

    Good Luck and remember under the standards of the Avvo Community Guidelines, this is not legal advice.

    Brian LaBovick, Esq.
    LaBovick Law Group
    www.labovick.com
    West Palm Beach, Florida

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  • Can I file bankrupsy if I am a defendent in a personal injury case

    I was served a law suit in a personal injury case. I don't have enough money to fight the case. Can I file bankrupsy before getting the judgement ?

    Brian’s Answer

    Depending on your State the short answer is Yes. The bankruptcy guidelines will determine which type of bankruptcy is best for your situation. There are a few major types of bankruptcy filings. From your question I understand this to be a consumer bankruptcy and one in which, you are not wealthy or asset manipulating, but rather debt avoiding. I would suggest you immediately consult a bankruptcy attorney in your area.

    Many will provide a free consultation! Working to proactively attack the situaiton will always be better than sitting back and waiting for a judgment.

    Good luck,
    Brian LaBovick, Esq.,
    LaBovick Law Group
    www.labovick.com
    West Palm Beach, Florida

    PS - Remember this is not legal advice under the Avvo Community Guidelines. For good legal advice, take my advice and call an attorney in your area.

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