Wayde Porter Seidensticker Jr.’s Answers

Wayde Porter Seidensticker Jr.

Naples Lawsuit / Dispute Attorney.

Contributor Level 4
  1. If a contractor does work that isn't written in the contract and doesn't get any change orders signed do I still have to pay him

    Answered about 2 years ago.

    1. Wayde Porter Seidensticker Jr.
    1 lawyer answer

    An owner's obligation to pay a contractor for work that is not "written in the contract", but has been performed by the contractor is not dependent only on whether or not "change orders" were signed. Some other factors that may affect whether there is an obligation to pay for the extra work could include: (a) whether the contract language is clear about the contract cost and requiring prior signed change orders for extra work; (b) and if there was such a requirment, whether there was a "waiver"...

    3 lawyers agreed with this answer

  2. Do I have legal grounds for my security deposit back?

    Answered over 1 year ago.

    1. Wayde Porter Seidensticker Jr.
    1 lawyer answer

    Your question states that your lease extension was a "month to month", which generally indicates that there is no specific duration of the lease, and would allow either party to terminate the lease by giving the other party advance written notice of at least 15 days' before the end of the monthly rental period (see Florida Statute 83.57). However, your question also seems to indicate that you in fact had a specific duration, with the lease ending 4/31/13 (which I assume was intended to be 4/30/...

    2 lawyers agreed with this answer

  3. I am a defendant in a car accident, I can not find a lawyer in Jacksonville fl to HELP me.

    Answered about 2 years ago.

    1. Jennifer Ann Jacobs
    2. Wayde Porter Seidensticker Jr.
    3. Blane Gerard McCarthy
    4. Lars A. Lundeen
    4 lawyer answers

    I agree with all of the suggestions in attorney's answer above. Additionally, your question indicates that you have some kind of auto insurance coverage, and if that is the case, if you haven't already done so, you need to immediately call and notify your insurer. Also tell them if you have received any papers from anyone involved in the accident (or from any lawyer) so your insurer gets timely notice of any claim or lawsuit against you. When you call the insurer, if they can verify that you...

    2 lawyers agreed with this answer

  4. Non compete for a teacher in Florida?

    Answered over 2 years ago.

    1. Wayde Porter Seidensticker Jr.
    2. Michael S. Haber
    2 lawyer answers

    Florida recognizes certain "non-competes" or "contracts in restraint of trade" for professions, trades or businesses, provided that the restriction(s) comply(ies) with the requirments of Florida law--generally, as long as a restrictive covenant is "reasonable" in time, area, and the line of business. As the NY lawyer indicated in his answer, FL has a statute (Chapter 542) that outlines parameters and considerations in determining whether a restrictive covenant will be considered presumptively...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. Can a debt collector garnish my wages in Florida and up to how much of my income can they take?

    Answered over 2 years ago.

    1. Wayde Porter Seidensticker Jr.
    2. Michael Owen Massey
    3. Shawn Michael Packer
    4. Lawrence Joseph Marraffino
    5. Erik S Kardatzke
    5 lawyer answers

    Once a final judgment is entered against you (individually, or jointly, against both you and your spouse), the holder of the judgment can file (without advance notice to you) a motion asking the court to issue a continuing writ of garnishment. Once issued, the judgment holder has the writ served on your employer, and the judgment holder must timely notify you in writing of the writ and your right to assert a claim that your wages are exempt from the garnishment (you may want to keep the post-...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. Do Attorneys do legal consultation to pro se litigants?

    Answered about 2 years ago.

    1. Heather Morcroft
    2. Wayde Porter Seidensticker Jr.
    3. Paula Darlene Moser-Bartlett
    4. Rixon Charles Rafter III
    4 lawyer answers

    In Florida, if an attorney assists a pro se litigant in the drafting of pleadings, the pleadings should indicated that they were prepared with the assistance of counsel.

    1 lawyer agreed with this answer

  7. Can I sue for land sale fraud that got fixed, but cost me thousands

    Answered about 2 years ago.

    1. Wayde Porter Seidensticker Jr.
    2. Robert Jason De Groot
    3. Robert Daniel Kelly
    3 lawyer answers

    From your question, it sounds as though a problem arose with the seller's ability to convey clear title rather than their right to sell the property. Whether there was conduct on the part of the seller that could constitute 'fraud' or they 'induced' you to enter into the contract(s) depends upon the specific conduct of the seller and the langage of the written contracts that you used to purchase the land, which likely contained specific provision(s) governing the seller's obligation to convey...

    1 lawyer agreed with this answer

  8. Is my landlord responsible to pay for damage to personal property?

    Answered about 2 years ago.

    1. Rixon Charles Rafter III
    2. Wayde Porter Seidensticker Jr.
    2 lawyer answers

    Generally, the obligation to maintain residential tenancies are governed by Florida Statutes (83.40---83.681) and is written in fairly staightforward and easy to read language. Florida Statute 83.51 outlines duties and obligations to maintain premises. Also, assuming you have one, you should closely read your written lease or rental agreement to familiarize yourself with any provisions that may apply. But if the landlord has been attempting to have the a/c repaired to try to correct 'many...

    1 person marked this answer as helpful

  9. Supplier put lien on my property,they sent letter of intent to wrong address, i didnot get it i 15 days, can lien be valid

    Answered about 2 years ago.

    1. Marshall C Deason Jr.
    2. Mark Russell Lewis
    3. Wayde Porter Seidensticker Jr.
    4. Stephanie Bolton
    4 lawyer answers

    I agree with the responses/inquiries of the lawyers above that additional facts are needed to determine if a supplier's lien would be valid, including whether you dealt directly with the supplier (i.e. were "in privity"). If you were not in privity with the supplier, another factor that could be relevant t your question is whether you ever filed a notice of commencement, and if so, whether your correct address was listed in that notice so that the supplier would have had access to your proper...

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  10. Hello. Can I request a motion to compel for plaintiff to provide previously declined documents like a debt purchase agreement?

    Answered about 2 years ago.

    1. Dennis Andrew Chen
    2. Wayde Porter Seidensticker Jr.
    3. Arthur A Draper
    3 lawyer answers

    If, by 'declined', you mean that the plaintiff 'objected' to producing this document, then yes, a motion to compel can be filed. As long as the 'debt purchase agreement' document is in the possession or control of the defendant, and the document is likely to be relevant to the plaintiff's claim(s) or the defendant's potential defense(s) to the lawsuit (and not privileged or proprietary), the court should require it to be produced. However, if the document is needed or relevant to defending the...