Lee Lamont Haas's Answers

Can my grandmother be prosecuted criminally for Stop Payment order put on a check for A/C replacement.

Stopping payment on a check after a person has received goods or services with intent to defraud is a crime. The issue is the intent to defraud. If the contractor had a license and pulled any necessary permits, then the contractor is probably entitled to payment, even if you dispute how much should be paid. You should take steps immediately to determine the license and permitting issue, and then talk to a reputable contractor about the value of what was done. If this involved a situation...

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I am in need of legal advice pertaining to a situation with a Moving and Storage Company who has either misplaced, lost and or

You should look for a lawyer who handles business litigation or possibly consumer law. Since you are in Pinellas County, you may want to contact the Clearwater Bar Association and ask about its lawyer referral service.

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I am looking for a FL lawyer, who has experience in representing clients with potential claims against others under Chapter 772.

There are two types of claims under Chapter 772. The simpler of the two is civil theft, which is essentially proving a criminal intent associated with taking money or property. I think many business litigation attorneys have dealt with these types of claims. The other is for a pattern of criminal activity, like the RICO statutes, which can be harder to prove and, doesn't seem to be as common. Which type are you referring to?

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Do I need to answer a cross-claim made by two of the plaintiff's towards I & other 2 plaintiffs if there's also a settlement?

To be safe, you need to either answer or talk to the person who filed the crossclaim and confirm that an answer will not be required and then send a letter confirming the conversation that an answer is not required. That way, if someone gets a default against you without your knowledge, a court will almost certainly set it aside.

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My ex-employer wrote on the back of my last check a statement can he do that?

You might want to demand another check without the release language. If it was a paycheck, and the employer refuses, you may have a case to sue and recover attorneys' fees for nonpayment of wages. The employer cannot make you sign a release as a condition of receiving wages you are entitled to. You should also be aware that you can file a complaint for the wrongful termination due to pregnancy. Depending on the size of the employer's workforce, you can file with EEOC or the Pinellas County...

Can someone have standing to sue based on equitable subrogation?

As Mr. Brophy has pointed out, your situation sounds more like a claim for constructive trust. Equitable subrogation arises where a new lender pays off a first mortgage without knowledge of a second mortgage, and steps into the shoes of the first mortgagee. You would not file an action to quite title unless there was some document of title into your name. It sounds like your potential causes of action are conversion and fraud, seeking the remedies of damages and constructive trust.

We put a engine into a customer truck, he paid by check and left, then we find out there was a stop payment put on his check.

If the amount owed is less than $5,000, you can file suit in small claims court. If more than $5,000, and the amount is not owed to you individually, you will have to hire a lawyer to sue in county court, which has jurisdiction of claims from $5000 - 15000. You may want to assert a claim for breach of contract and a claim for fraud. You may also want to contact law enforcement or the state attorney's office because stopping payment on a check with intent to defraud is a third degree felony...

How do I locate my settlement from when i was younger?

I suggest you start by getting the case information. You may be able to do this online through the clerk's website and doing a name search. You would then be able to find the names of the attorneys who handled both sides of the case, and might be able to find out from one of them where the money went. You could try calling around to local banks, but that is a hit or miss proposition, especially since so many mergers have occurred in the last several years, and older account information...

How would I go about getting a refund for my furniture if it was not delivered on time and still not able to be in delivered.

First. if you paid with a credit card, let the credit card company know that you dispute the charges because the product has not been received and that you are revoking authorization for the charge. Second, call the Consumer Affairs Division at Dept. of Agriculture and Consumer Services. Third, call Better Business Bureau. Fourth, you may want to write a letter telling the company they have failed to timely perform and that you are canceling the contract, but read it carefully first because...

I have had about $300,000 stolen from me from a person claiming that he would help me after the death of my parents if i helped

The statute of limitations for fraud actions is 4 years from the date you discovered, or should reasonably have discovered, the fraudulent conduct. The more difficult question is whether you have an effective remedy. You may be able to sue, and might be able to get a judgment for punitive damages or treble damages in addition to your compensatory damages based upon the facts, but if the person you are suing has hidden or spent all the money, you may not be able to get all your money back.