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Mark D. Siegel
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Mark Siegel’s Answers

172 total


  • Do need a criminal lawyer

    My wife and I are separate I went into a mental hospital for 2 day and I was released when i got out 2 weeks later I ask to see my daughter my wife want to see my discharge papers and my diagnose her a her lawyer went them before I could see my da...

    Mark’s Answer

    No, based upon your statement, you do not need a criminal lawyer. However, as prior responses have stated, you should seek a family law attorney.

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  • Can beneficiary of irrevocable trust sue Bank for financial irresponsible?

    Have trust from parent and bank is not doing a good job of managing money. Can I sue to negate the trust?

    Mark’s Answer

    Hmm. "Negate the trust." You most certainly need a lawyer to represent you in probate court. As was previously stated, not doing a good job of managing the funds is a subjective standard. However, you may indeed request the fund to be invested based upon your financial analysis. Whether you may terminate the trust, however, requires review of the relevant documents.

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  • My ex live-in boyfriend and I hired a designer for his home. The designer is refusing to release the invoices to me.

    In hiring a designer together to renovate and furnish my ex's home, I signed (with my ex, the home owner) a Terms of Sale agreement with the designer that clearly states and binds me to financially commit to the project and future invoices. I actu...

    Mark’s Answer

    If you are involved in the civil litigation, you could get the invoices as part of 'discovery'. It is not clear why you need the invoices. If you have initiated the civil action, then your counsel can assist with establishing the financial elements of support you may be seeking.

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  • If I am in compliance with dress code can I be told to wear a padded bra, pasties etc. to hide my nipples if they are erect?

    I was told to cover up at work. I was told I was conforming w/dress code but my nipples, which can sometimes be erect, were a problem. Can I be told to wear pasties or padded bras, cami's etc with out it being considered sexual harassment? I am ...

    Mark’s Answer

    An interesting situation indeed. However, the employer (or your supervisor) seems too preoccupied with a certain aspect of your appearance than with job performance. The employer's behavior is sex based, creating an uncomfortable job environment with no relation to job performance criteria. There may be an improper form of discrimination present. If necessary, consult with an employment attorney.

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  • I cosigned car for daughter, i pay it and she pays me back each month, shes not paying now 8 months, she is on title too, how ca

    shes dodging us on getting car back, i have no key to car, car ils never there when i go to get it, will the police help me obtain it even though her name and mine are on title, if i prove that im making the payments

    Mark’s Answer

    The prior answer is spot on correct. The police will and can not get involved. Although you could contact the lender to try to arrange a repo, that would damage your credit. It would be best to work something out with your daughter.

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  • Do I include my wife's income on a Wage Garnishment Exemption hearings financials?

    I had a credit card from 2001, and the collection agency is set to garnish my wages this week. The original order to garnish came back in 2010 and I never got paperwork on it. Well, they have just gotten around to garnishing now. Apparently, my ...

    Mark’s Answer

    You can bring your evidence to the hearing. However, I agree that you should consult with counsel prior to the hearing to be prepared. HOH issues can be complex and you have much to lose if you do not prevail at the hearing. If you are granted the exemption, they will not garnish - for now. They may, however, garnish a bank account or take other assets. You should consult with an attorney.

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  • Since a security deposit cannot be used as the last months rent by law, what happens if the Tennant leaves with back rent due?

    Just curious if we leave and the rent is two months behind, does the landlord just apply the deposit toward one month and we just owe the other, or is the landlord required to give back the deposit first? What happens if the landlord does not retu...

    Mark’s Answer

    Landlords do not like to apply the security deposit to the last month's rent since they then would have nothing to cover any damage done by hypothetical tenants (certainly not you). By not paying the rent on time, you would be in default under the lease and the landlord can take appropriate action. After you move out, the landlord has 15 days to notify you of intent to keep the security deposit and must state the reason(s). However, if you do not give the landlord a forwarding address, the landlord can send the notice to your former address.

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  • If a foreclosure is reversed post sale, is there a cause of action against plaintiff for failure to maintain the property?

    Just lost house to a bad foreclosure and may appeal. We're told the judge here not likely to approve stay of sale during appeal. If we move then later win on appeal, and the property condition erodes or suffers damage in the meantime, can the pla...

    Mark’s Answer

    • Selected as best answer

    Generally, the mortgage allows, but does not require, the mortgagee to maintain the property. The winning bidder at the foreclosure sale could be put on notice about the pendency of the appeal. Florida statutes are applicable regarding the remedies you have with a successful appeal. Certainly you should seek advice from an experienced attorney.

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  • False statement at pretrial mediation affects outcome. Contractor was suing a deadbeat owner for non payment.

    a subcontractor gave a false notarized statement to the owner 5 days before mediation of what he was paid on his contract.This can be disproved with his written signed applications for payment and release of lien given to the contractor . Th...

    Mark’s Answer

    Generally statements made during mediation are not admissible in court. As the Plaintiff, you did not have to settle the case. You could have joined the subcontractor as an additional defendant. At this point, since your claim against the subcontractor could have been raised in the original lawsuit, you may be barred from now suing the subcontractor. Consider consulting an experienced attorney.

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  • Can a UK resident take someone from Tampa, FL to small claims court?

    I purchased a vurtural product from a merchant in Tampa, Fl. He did not follow through with the classes and I have requested a refund. We have come to an agreement. If he doesn't follow through with the refund, how would I go about taking him to...

    Mark’s Answer

    Yes, you could sue the merchant in Hillsborough County Small Claims Court. However, unless you were here, you would have to hire an attorney to appear in court for the case management conference. It is quite likely that you would have to be present to testify at trial. Considering those costs, it may be easier and more cost effective to post negative reviews online.

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