Brian Andrew Leung's Answers

Foreclosure procedure in Florida state, procedure for responding to a foreclosure summons

Despite what you have been told, the process is NOT on hold. You must file a response within twenty days of service or you waive the right to any defense.

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I have a business, a person get burn 1 year ago, i dont workcompensation, now she sue me, what i should do?

If you have been served with a lawsuit, it is imperative that you hire a licensed attorney to represent your interests and respond to the lawsuit within 20 days of service. If you don't respond within 20 days of service, you may lose the right to a defense.

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What do I need to do?

Based on the facts provided, your contract addresses the remedy in the event a pup has problems. If the buyer fails to accept that bargained for remedy (return pup in exchange for replacement) then you have met your obligation to the buyer.

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Can a company force you to sign a non-compete agreement once you quit?

No you do not have to sign the agreement. If the employer is witholding your wages then you should contact a local attorney, under Florida law, the employer is responsible for your attorney's fees when you prevail.

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I was recently served with foreclosure papers. The Mortgage and Note say the Lender is one bank, but the plaintiff on the

Yes, although the assignment should be an attachment to the complaint and can be the basis of of objection.

Are there any legal ramifications if I enter into a refi on my house after filing a B/K n including my mortgage three yrs ago?

There is no law against this. If you enter into a refinancing of your loan with the bank, then that is a new loan of which you will now be personally obligated. If the bank offers to modify your existing loan terms, then you would continue to be protected from an individual claim for deficiency judgment in the event you default in the future.

Can the court dismiss a case without the notice that is normally required?

Rule 1.420(b) deals with involuntary dismissals and does not require 20 days notice. I have copied the rule here: (b) Involuntary Dismissal. Any party may move for dismissal of an action or of any claim against that party for failure of an adverse party to comply with these rules or any order of court. Notice of hearing on the motion shall be served as required under rule 1.090(d). After a party seeking affirmative relief in an action tried by the court without a jury has completed the...

What is the meaning on a docket after an answer was filed such as: NO ACTION WAS TAKEN ON ANSWER PER JUDGE. PLEASE EXPLAIN......

It means per the Judge's direction, the clerk took no further action following the filing of the answer. In Florida, once the answer is filed the case is technically "at issue" which means it may be set for trial. However, without further direction from the Judge or the parties no action is to occur by the clerk. This allows the parties to conduct the necessary discovery before a trial is set.

4 business partners 2 got a loan 2 are doing the work. should a promissory note be signed for the entire amount or 1/2?

What one partner owes the business or other partners is determined by the entity's operating agreement. If there is no operating agreement in place to resolve these disputes now, you need to have an attorney prepare one that reflects the agreement between you and your partners before other disputes arise.

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Business verbal contract

A verbal contract can be just as valid as a written contract. In which case you may be entitled to the "benefit of the bargain" for the profit you would have made from the oral contract that was cancelled. In any event, you should appear in Court for the summons/pre-trial conference to avoid the entry of a default judgment against you.

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