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Thomas Fred Meyer

Thomas Meyer’s Answers

152 total


  • The defendant didnt pay the monthly settlement that was agreed on and signed with the mediator for a small claim. what to do?

    I filed a small claim against an auto dealership for money they owe me ($4,000). The judge sent us to the mediator and they agreed to pay $1,000 at the beginning of every month. The agreement is that they mail the check to me post-marked by the 1s...

    Thomas’s Answer

    Read your settlement agreement carefully to determine exactly what is required and what to do in the event you don't receive whatever was required under the agreement. You are best advised to consult with a lawyer at this point to determine exactly what to do next, or you risk losing the leverage you gained by securing this settlement agreement in the first place.

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  • Rules of Mediation , ordered by Court, for a homestead foreclosure, in Orange County, FL

    Court ordered mediation. Is the plaintiff ( Banks representative) required to be at the mediation physically , or can that representative appear by the phone? Can the Defendant require the Bank's representative to be physically present at the m...

    Thomas’s Answer

    There were special state court foreclosure mediation programs which allowed banks to appear by phone, however, I don't believe any of these programs remain. Most, if not all of these state court programs terminated several years ago. Absent such a program, to determine who must appear, you must first look at the Court Order which referred the case to mediation to see if it allows for telephonic appearances by any party. If not, then the Florida Rules of Civil Procedure govern which says that all parties must be physically present unless all the parties agree in writing otherwise. So, to answer your question, absent a specific rule or court order that allows for telephonic appearances, you don't have to agree to it and may attempt to require the bank rep to be physically present at mediation.

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  • What do I need to do in order to get my car fixed?

    I purchased a car from Marvin's Motors with a 3 month warranty on it. The day after I took it home the service engine light came on and the issues is related to the starter for the car. I bright the car for a routine oil change a week later and ...

    Thomas’s Answer

    Start by sending the seller a letter to confirm your attempts to have them honor their warranty and repair the car. Three months can go by fast and you don't want to have any debate over when the problem first occurred. Get a written diagnosis from the mechanic who found the leak. If you continue to have problems, don't wait until the end of the warranty period before seeking legal help. A lawyer can review your warranty to determine the full extent of the warranty and your rights and determine if there might be some additional things you can (or must) do, before the warranty expires in order to make a claim and preserve your rights.

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  • I have a question regarding what can be added into a Home Sale Contract by the Seller.

    My father in law is 88 and selling his home to downsize. Prospective buyer made an offer and has not budged on my father in laws counter offer. The realtor insteads send me an email why the buyer is not raising his counter and what he has to do ...

    Thomas’s Answer

    Why not simplify it - come back to the prospective buyer - accept his offer but convert the contract to an as-is sale. No adjustments allowed. Let him then come back to you if he still demands some later ability to seek adjustments. You know your bottom line on that is 12,000. Don't negotiate with yourself and don't rely on your realtor to protect your legal rights. Consult with a lawyer.

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  • What is the max period in florida for a non complete contract

    I signed a contract 1 year and it had a non compete for 5 years. What is the max allowed by Florida

    Thomas’s Answer

    There is no maximum BUT Florida law does "presume" that restraining a former employee for longer than two years is unreasonable. That means that if your employer seeks to enforce such a covenant, they will have to overcome this presumption by proving that they have some extraordinary business interests to protect for that long. Talk to a lawyer to review the specifics of your situation.

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  • What rights do I have against my real estate agent, or against my house purchase contract?

    We met a realtor on June 12th. We told him the day we met him that we needed to be in a house by August 1st. We since found a house and wrote a contract on it. Went through the whole process on the house and thought we were going to close on the 1...

    Thomas’s Answer

    He said, he didn't say never works especially when it contradicts your written contract. You needed an August 1st closing date clearly noted in your sales contract to have any legal rights against the seller. Now your best bet may be to simply negotiate to try to get the seller to close before 8/29. He might want something in return. Whatever it costs + your living expenses incurred in the meantime may be something you could try to collect against your broker; but, don't count on it....Speak with a lawyer and have them review your contracts carefully to determine what rights you have against who.

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  • Should I sign any paperwork in a Mediation?

    I know how hard you Lawyers work to get to where you are as a Lawyer so I'm not looking for sympathy or handouts, all I want to know is can I refuse to sign any paperwork in my mediation because I don't have a lawyer and cannot afford one and ask ...

    Thomas’s Answer

    Of course you can refuse to sign or agree to anything during mediation especially considering that you have no lawyer there to advise you. If its really more important to you take your case to trial, then you really should consider consulting with a lawyer at some point. A judge is not your advocate . There are rules and procedures to follow regarding how and what you can bring to the judge. Plan accordingly.

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  • Will this be treated as consideration in exchange for me executing a non-compete agreement?

    A prospective employer decided to take me on board. They had me fill out the paperwork (including the non-compete) just two days ago, prior to me even receiving an offer letter. I've been there for 48 hours now (working) and still haven't received...

    Thomas’s Answer

    • Selected as best answer

    I don't know whether the fact you haven't yet received the offer letter will, standing alone, hold up the creation of your employment contract. However, there might be a lot of other employer requirements inside the contract which haven't been met which could give you some relief. You do need a lawyer to review your paperwork to figure that out. Another consideration is given that you have only worked there for a couple of days, I would doubt that the employer has yet to provide much training, access to their customer lists, etc. These are usually the kinds of stuff employers are seeking to protect when they make people sign non-competes. If you haven't seen or used any of these things yet, maybe you could simply confirm that with the employer, quit and ask to be relieved of any obligations to the extent you have any. A good lawyer can navigate you through all this.

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  • Can a Lender transfer servicing rights on a foreclosure that has a judgement?

    My house has been in foreclosure since jan 2009. They finally got a judgement in may 2012 but never followed through with the sale. In may 2013 I received a notice that they have transfered servicing rights to a new lender but the new lender has n...

    Thomas’s Answer

    First of all, transfer of servicing does not necessarily mean a sale or transfer of the loan or and judgment resulting from a lawsuit to collect it. Lenders often keep the loan but hire someone else to manage or service it and the servicing may actually transfer one or more times during the life of a loan. Regardless, whoever holds the note and mortgage holds the right to collect and enforce your judgment. If the note was not sold then you would not see anything in the official or public records. Chances are, the judgment remains and at some point the lender, or its current servicer will schedule a foreclosure sale. If the home sells for less than the amount of your loan, then you may be liable for the deficiency. Suggestion - Talk to a lawyer to help you navigate to the outcome you want either a) a loan modification to keep the home or a) an agreement sell or give up the property in exchange for a FULL release from any potential deficiency.

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  • Do I have 3 days to back out of a contract ??

    I just leased a car, and purchased the extra bells and whistles maintenance package-do I have 3 days to back out of it? They ask you this stuff and you have to make a decision in 5 minutes....its really not time to think about it.

    Thomas’s Answer

    You need to first read your contract to determine what rights it provides to cancel. In Florida, there is what's called a cooling off rule; but, it doesn't apply to all contracts. You can read more about it here on the Florida Attorney General website at: http://myfloridalegal.com/pages.nsf/main/18c35b713adbd1ad85256cc90053b3bc!OpenDocument.
    Even if you don't have a contractual right to cancel -the dealer might do the right thing to allow you to cancel and refund either entire cost of the maintenance package or at least most of it.

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