John Alexander Willis's Answers

Definition of deficiency judgment, being sued in FL state for a deficiency judgment, foreclosure

A deficiency judgment is a judgment that is entered against a property owner who has had their property foreclosed upon and then sold by the court at auction to the highest bidder and the selling price was not enough to cover the mortgaged amount and the lender's foreclosure costs. The difference between the amount that was owed to the lender and the auction sale price is the amount the lender is entitled to receive a deficiency judgment for. Deficiency Judgments are common afer a foreclsoure...

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Response to subpoena duces tecum

Since you are a non-party to the litigation you have no procedural obligation to respond with any specific form. Your only obligation is that you comply with the subpoena (assuming you have no objections to the requests contained in the subpoena.) You can merely write a cover letter explaining what you are producing. Make sure you get a receipt to prove you complied, such as a return receipt from the Post Office. By the way, you can also charge the requesting party for the reasonable cost...

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Driver's License suspended on a judgement/ civil lawsuit.

Your question is missing a few facts, so I am going to assume them for purposes of answering your question. I am going to assume that you reached a settlement agreement that provides that the lady who sued you would get a final judgment against you if you fail to make payments as agreed, and that she received that judgment when you stopped paying her. In Florida, if you fail to carry bodily injury liability insurance you must be able to satisfy any injury liability judgment against you and if...

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Under Florida tort laws can a person be sued for giving someone a sexually transmitted disease?

Yes, and transmission of certain STDs can constitute a criminal act. See Florida Statute 384.24. I actually just resolved a case where my client's boyfriend gave her genital herpes. However, there are difficult pitfalls involved in these cases. For example, you must be able to prove the person giving the STD knew they had it at the time they transmitted it. The other problem is that almost all insurance policies that may cover this type of tort have an exclusion for intentional or...

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I was hit by a car while riding a bicycle I incurred 10 thousand in hospial bills. My attorney says my settlement is 5 thousand.

The maximum permissible contingent fee in Florida is 40% but only if the case is in litigation and not against a government entity or employee of the government while working. Your fee agreement with your lawyer can have a lower fee so you need to read the agreement. If your case is not in litigation, the maximum is 1/3 of any recovery if the negligent party is not a governmental entity. Settlements with the government (sovereigns) are limited to 25%. In Florida PIP coverage (Automobile...

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I was in a car accident and it was the other driver's fault but she has no insurance.

Since it appears you are in Florida, you should have PIP (No-Fault) Insurance Coverage on your auto policy which would cover 80% of your medical bills and 60% of your lost wages incurred from this accident up to a maximum benefit of $10,000.00. If you do not have a permanent injury from the accident you can only recover from the negligent party the 20% of medical bills and 60% of lost wages not covered by PIP and any amounts exceeding the $10,000 limit (if the treatment is reasonable and...

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Golf ball collateral damage

Florida law provides that "living on a golf course and living with golf balls necessarily go hand-in-hand. The issue here is whether [you] are being subjected to more than a reasonable exposure to golfballs and what steps, if any, would be appropriate to remedy this problem." Bechhold v. Mariner Properties, Inc. 576 So.2d 921 (Fla. 2 DCA 1991). If you are being subjected to an unreasonable amount of golf balls then it is incumbant on the golf course to remedy the problem. If they fail to take...

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Do i need a lawyer to read my lawyers contingency agreement for a case

The Answer is maybe. Most clients of attorneys who enter into contingency fee agreements do so without hiring another attorney to review the agreement because they have read it and understood its terms. A few decide to pay another attorney hourly to review the agreement. In my experience, that number is very few. The fees charged in a contingency fee agreement may not exceed the Florida Supreme Court's rule which is usually no more than 33 1/3% of any case settled outside of the court...

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Slipped and fell in a grocery store

You have a viable premises negligence case against the owner/operator of the store if there was a dangerous condition on the floor which the owner/operator knew or should have know about and it caused you injury. You may also have a viable claim against someone other than the owner/operator of the store if you can show another entity caused or created the dangerous condition and failed to warn of its existence or prevent access to the dangerous condition. The value of your case depends on...

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I did not take the rental car company's insurance and got in an accident, now I am being sued what can I do

Frequently, but not always, your own car insurance will cover you for any liability incurred while driving a rental car. I would recommend you promptly contact your personal auto insurance company. They will be able to lead you in the right direction.

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