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Tonald Edmund Spinks

Tonald Spinks’s Answers

41 total


  • Can anyone give me an idea of eviction (home in Polk County) from Kentucky? Process? Cost? I don't expect an exact, just appr?

    just wondering if I lived in Kentucky and wanted to evict someone in Polk County, FL......what the process would be? And a figure so to speak of possible costs. thanks

    Tonald’s Answer

    • Selected as best answer

    Polk County Clerk of Court has a good website for this information. Eviction forms are posted at – http://www.polkcountyclerk.net/subpage.aspx?id=536 and also you can see a listing of court fees (in the lower left side of the site). A word of caution in Florida evictions, landlord’s duty to provide notice to the tenant is strictly interpreted, you should consult with a local real estate attorney regarding this matter.

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  • How to I evict a previous owner in a property i bought at a foreclosure auction in Florida

    I recently purchased a property in Hillsborough County through a foreclosure auction. The previous owner still resides in the property. I need some assistance and guidance in how to properly evict him in Florida

    Tonald’s Answer

    I agree with the prior advise, however the standard foreclosure final judgment in Hillsborough county does not include an order for writ of possession. If it is the original owner residing in the property you should be able to file a motion for writ of possession, but if it is a tenant there is a Federal law known as the Protecting Tenants at Foreclosure Act, which has additional requirements you must consider. In either case I recommend retaining an attorney to assist in these cases, to prevent additional delay in vacating the property.

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  • Eviction case

    When to pay attorney fees for my landlord?

    Tonald’s Answer

    • Selected as best answer

    More detailed information is need to provide a specific answer to this question, however you can find information from the Brevard County Court website regarding landlord tenant law and forms at http://199.241.8.125/index.cfm?FuseAction=Evictions.Home. If you need further assistance and qualify you can consult the Brevard County Legal Aid in Rockledge at (321) 631-2500.
    Good luck!
    _________________________________
    From the desk of T. Edmund Spinks, Esq. P.L.
    304 Plant Ave. S. Suite 100
    Tampa, FL 33606
    Phn: 813-254-2770
    Fax: 813-254-2772
    ed@spinkslawfirm.com
    www.spinkslawfirm.com

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  • How to legally get rid of a "freeloader" in my home.

    4 months ago I invited a friend who got out of jail to stay with me versus her being homeless. Since then she has not gotten a job or pay me any rent. There is no lease. How do I get her out and all of her belongings out?

    Tonald’s Answer

    If your property is in Hillsborough County, the Clerk of Court Office may have an information package regarding unlawful detainer. It is very important in these situations to ensure you have your paperwork filed correctly and payments made to the court and HCSO, as one mistake could result in the case being dismissed and you will have to start over again. I reiterate Marshall's recommendation to seek advice from an attorney familiar with the law in this area if possible.
    The Clerk of Court office is located at: 1st Floor, George E. Edgecomb Courthouse, 800 E. Twiggs St. Tampa, FL 33602; Phone 813-276-8100
    _________________________________
    From the desk of T. Edmund Spinks, Esq. P.L.
    304 Plant Ave. S. Suite 100
    Tampa, FL 33606
    Phn: 813-254-2770
    Fax: 813-254-2772
    ed@spinkslawfirm.com
    www.spinkslawfirm.com
    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

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  • Legal recourse against USAF member who can't fulfill contract w VA lender after deal initiated/owner removed tenant.

    Service member refuses to let $1000 good faith go to seller who is now at a $1500 monthly loss in rental income, plus can't put the property back on the market till issue resolved. SM is deployed and can't meet residency requirements of VA loan. ...

    Tonald’s Answer

    If you are using the standard Florida Realtor / Florida Bar Residential Sales Contract review the provisions in paragraph 8 and dispute resolution procedures in paragraphs 15-17. In light of the service member’s current deployment and application of the Service Members Civil Relief Act (SMCRA), the protections under the SMCRA will require the service member to be able to participate in any litigation resulting from this contract and the Hillsborough County Courts strictly require a Plaintiff to submit a certification before filing for a default judgment stating the military status of the defendant. When the military status is obtained, the judge will enforce the provisions of the SMCRA requiring a stay in any court case, preventing a default judgment. Therefore, I think the question becomes, if the seller is losing $1500 a month in rental income, is it worth the time/expense to pursue collection of $1,000.

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  • Can I go from non service connected Pension to service connected Disability?

    I was granted non service connected as a vet of desert storm. I have unexplained siezures and through tons of medical tests can find no answer. The VA has granted me no service connected but I would like to know if there is a possibility of me get...

    Tonald’s Answer

    Persian Gulf War veterans have a special method to receive compensation benefits through 38 U.S.C.S. § 1117, which provides rules that allow Persian Gulf War veterans who manifest a “qualifying chronic disability” to obtain service connection even if their disability cannot be service connected under the regular rules. A "qualifying chronic disability" is 1. an undiagnosed illness, or 2 a medically unexplained chronic multisymptom illness, or 3 an illness determined in regulations (generally chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome have been accepted).

    With the limited information you provided, I imagine you are in the catch-22 of Gulf War Illness, the VA will service connect "undiagnosed" disorders, but as soon as a physician provides a diagnosis (which they all almost always do for insurance billing purposes) you lose the ability to claim an "undiagnosed disorder” and must follow the other applicable regs. I recommend discussing the issue with a local Veterans Service Representative, your city and/or county as well as your local VFW should have a rep that can discuss the issue further and I encourage you to make that the first step in the process.

    Thank you for your service, and I wish you the best of luck in pursuing your benefits,
    Ed
    ______________________________
    From the desk of T. Edmund Spinks, Esq. P.L.
    304 Plant Ave. S. Suite 100
    Tampa, FL 33606
    Phn: 813-254-2770
    Fax: 813-254-2772
    ed@spinkslawfirm.com
    www.spinkslawfirm.com

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  • Friend was drving w/o a license, in a car his roommate bought but never registered. He was arrested, and has court.

    My friend, was driving to work when he got pulled over. He does not have a license, and the cars tags were to his roommates old van. He was arrested and bonded out for $50 within 2 hours. He has court next week, and I was wondering the severitity ...

    Tonald’s Answer

    • Selected as best answer

    I think your question would get a better response in the "criminal defense" section. But, from back when I did practice criminal law, your friend would likely be eligible for the misdemeanor intervention program (MIP) or something to that effect. In which he would have to pay a fine, do some community service, etc. But, the benefit would be the State would drop the charge after he successfully completes the program. At least that is the way it was done in Tampa, a few years ago. Again, you should ask the question on the "criminal defense" section and/or seek the assistance of a criminal defense attorney.

    Ed
    ___________________________________
    From the desk of T. Edmund Spinks, Esq. P.L.
    304 Plant Ave. S. Suite 100 Tampa, FL 33606
    Phn: 813-254-2770
    Fax: 813-254-2772
    ed@spinkslawfirm.com
    www.spinkslawfirm.com
    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

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  • Drunk driving settlement

    i ws hit by a drunk with a 50000 policy, and i have2 hernations in my back now, and 3 in my neck, tmj now to they offered me 25, but they gave my husband 50000, should i settle, if i sue, what should i try to get for my injuries they are all permi...

    Tonald’s Answer

    Your injuries appear to be significant and I recommend you contact an experienced personal injury attorney in your area regarding this matter. If you already have retained an attorney you should discuss the issues involved in the case with your attorney. In my opinion there is no formulaic method of how your described injuries result in a certain dollar amount. The insurance companies would like to make you believe that method, but when it comes down to it, each individual and their family are affected differently from injuries due to accidents and how the injury has affected your life and how that combines with the liability, local jury verdicts etc. is the analysis an attorney can provide. I know there are number of great attorneys in Polk County who offer a free consultation and you should certainly seek their advice.

    Additionally, because the law imposes certain time limits on when claims may be filed, your legal right to file a claim may expire with the passage of time. Accordingly, if you have any intentions of filing a claim or lawsuit regarding this matter, you should contact the attorney of your choice at once; otherwise, your claim or suit may be barred.
    ___________________________________
    From the desk of T. Edmund Spinks, Esq. P.L.
    304 Plant Ave. S. Suite 100
    Tampa, FL 33606
    Phn: 813-254-2770
    Fax: 813-254-2772
    ed@spinkslawfirm.com
    www.spinkslawfirm.com
    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

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  • Child slipped & fell in grocery

    My child slipped & fell on a transparent water puddle by the freezer while getting ice cream in a grocery store. Bruises & sore, but no major injuries per 2 doctors. Can anyone help? There were no wet floor signs & they blamed my daughter for wea...

    Tonald’s Answer

    The current law in Florida regarding slip and falls requires the owner or operator of a premises to use reasonable care to protect people invited on the premises from dangerous conditions of which they may have knowledge.

    It requires them to take reasonable care to eliminate known dangers by excluding visitors from the area or warning them of the danger. Florida Statute states "the person or entity in possession or control of the business premises owes a duty of reasonable care to maintain the premises in a reasonably safe condition for the safety of business invitee on the premises, which includes reasonable efforts to keep the premises free from transitory foreign objects or substances that might foreseeably give rise to loss, injury or damage".

    However effective 1 July 2010, the statute was amended to state that in any civil action for negligence involving an injury caused by a slip and fall incident on a business premises, the injured party shall have the burden of proving the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. This change by the Florida legislature, makes claims by plaintiff's much more difficult to pursue and prevail.

    Ed Spinks
    ___________________________________
    From the desk of T. Edmund Spinks, Esq. P.L.
    304 Plant Ave. S. Suite 100
    Tampa, FL 33606
    Phn: 813-254-2770
    Fax: 813-254-2772
    ed@spinkslawfirm.com
    www.spinkslawfirm.com
    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

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  • I Slipped and fell last May The floor was wet and there were no signs, the rug that is usually at the front door was pulled away

    They admitted guilt and told me to go see a doctor this was 2 days later.When i went to the doctors he took x-rays and MRI's. Findings were that my tendons and ligaments were totally ripped from my cuplet needing 4 screws to repair them. I also ha...

    Tonald’s Answer

    I agree with the previous advice and would add the current law in Florida regarding slip and falls requires the owner or operator of a premises to use reasonable care to protect people invited on the premises from dangerous conditions of which they may have knowledge. It requires them to take reasonable care to eliminate known dangers by excluding visitors from the area or warning them of the danger.

    Florida Statute states "the person or entity in possession or control of the business premises owes a duty of reasonable care to maintain the premises in a reasonably safe condition for the safety of business invitee on the premises, which includes reasonable efforts to keep the premises free from transitory foreign objects or substances that might forseeably give rise to loss, injury or damage". The statute further states that in any civil action for negligence involving an injury caused by a slip and fall incident on a business premises, the injured party shall have the burden of proving a number of facts including, but not limited to, proving that "the person or entity in possession or control of the business premises acted negligently by failing to exercise reasonable care and maintenance, inspection, repair, warning, or mode of operation of the business premises.

    If you feel the property owner or tenant is liable for your injuries, you should contact a local attorney to discuss the issue.

    Ed Spinks
    ___________________________________
    From the desk of T. Edmund Spinks, Esq. P.L.
    304 Plant Ave. S. Suite 100
    Tampa, FL 33606
    Phn: 813-254-2770
    Fax: 813-254-2772
    ed@spinkslawfirm.com
    www.spinkslawfirm.com

    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

    See question