Michael Alex Wasylik’s Answers

Michael Alex Wasylik

Contributor Level 14
  1. Procedure for responding to a summons and complaint for foreclosure in FL state

    Answered about 6 years ago.

    1. Michael Alex Wasylik
    2. Dennis Andrew Chen
    3. Kevin Luis Deeb
    3 lawyer answers

    First, you should check the Avvo legal guide on this topic: http://www.avvo.com/legal-guides/mortgage-foreclosure-Florida Second, if a summons has been served with your name on it, you are a defendant. You may have an interest in the property, and if you're not yet divorced, probably do. if you fail to respond within the 20-day time limit, you may forfeit any interest you have in the property and the court may enter a "default judgment" against you. Third, if your spouse is no longer...

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  2. What does notice of lack of prosecution mean

    Answered almost 6 years ago.

    1. Michael Alex Wasylik
    1 lawyer answer

    Assuming you're talking bout a civil lawsuit of some kind, it means that the parties have failed to make any "record activity" in the case for a period of one year. If neither party moves the case along, the court has the discretion to remove the case from its docket by dismissing it.

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  3. What is the timeline for foreclosure hearings in Broward County FL

    Answered almost 6 years ago.

    1. Michael Alex Wasylik
    2. Margery Ellen Golant
    2 lawyer answers

    In most Florida counties, the courts are seeing significant backlogs in foreclosure cases. Broward County is no exception; it can take several months from the time the case is filed until the lender gets a hearing on its summary judgment motion. But the real deadline is not the summary judgment motion - it's the initial 20-day window you have to respond to the summons. If you have not done this, you may already be in default, and it can be very difficult to work around this. Whether you...

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  4. Overtime wage law in FL, is an employee that is on salary and commission entitled to get overtime pay

    Answered about 6 years ago.

    1. Michael Alex Wasylik
    2. Dennis Andrew Chen
    3. Dion J. Cassata
    3 lawyer answers

    You will be entitled to overtime pay if you qualify as a non-exempt employee. There are several different categories of exemptions, typically covering management-level employees who are making above a minimum threshold salary. You will want to find a wage-and-hour lawyer in your area. You may be entitled to recover unpaid overtime, plus possibly penalties and attorney's fees.

    2 lawyers agreed with this answer

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  5. Under Florida foreclosure law can a debtor contest service of process of a foreclosure notice

    Answered almost 6 years ago.

    1. Michael Alex Wasylik
    2. Margery Ellen Golant
    2 lawyer answers

    In order to contest invalid service, you will want to ask the court to "quash" the invalid service. Usually this is done by having an attorney make a limited appearance solely for the purpose of objecting to service. You mention a "forwarding office" - depending on what that means, service may or may not be valid. You should contact a lawyer in the Bay Area who can review the documents you received, and the affidavits of service contained in the court file, to determine whether or not...

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  6. Slander on my business

    Answered about 6 years ago.

    1. Jason M. Melton
    2. Michael Alex Wasylik
    3. David Michael Goldman
    3 lawyer answers

    I often get calls from people who want to file slander suits against people who say false things about them. I cannot think of a single time it would have been worth it to file such a case. There are two reasons for this. First, as Mr. Melton mentioned, it's not worth filing the case unless there are substantial damages, such as loss of a large contract, loss of substantial income, or mass-media exposure for a significantly harmful lie. The second reason is that truth is an absolute defense...

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  7. To prove that I have sent the evidence or request to a state running university

    Answered about 6 years ago.

    1. Michael Alex Wasylik
    2. Will Murphy
    2 lawyer answers

    Unfortunately, your question doesn't have the right facts for anyone to give a very helpful answer. What kind of complaints have you submitted, to whom, and for what purpose? What are to trying to complaint about, what action are you trying to get, and from whom? You want to use copies of your emails as "evidence" that you sent these documents to someone. Are you planning on using them in court? In an administrative hearing? Informal meetings with school administrators? You might...

    1 lawyer agreed with this answer

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  8. Employer ripping off his employees

    Answered about 6 years ago.

    1. Michael Alex Wasylik
    2. Dennis Andrew Chen
    3. Susan Gibson Durant
    3 lawyer answers

    If this is happening the way you describe, then the employer may be violating several different laws. Your boyfriend should keep track of his own hours separately and should stop complaining UNLESS he does it in writing. If he notifies his employer of a violation of law and does so in writing he has additional protections under Florida whistleblower laws. This is definitely a case to speak with a wage-and-hour attorney about. Your boyfriend could recover the amount he's been shortchanged...

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  9. We owe more on our house than it is worth. can we walk away?

    Answered over 5 years ago.

    1. Michael Alex Wasylik
    2. E. Brian Davis
    3 lawyer answers

    If you just walk away, it is nearly certain that the lender will begin a foreclosure lawsuit against you. If you choose to "walk away" the home will probably be sold at auction, in most cases back to the original lender. If the foreclosure auction does not cover the total amount of the debt, the lender has the option of seeking a "deficiency judgment" which means, in effect, they sue you for the difference. If the difference is quite large, and if you have assets in another state the...

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  10. How likely is it that a mortgage can be foreclosed on in FL with a "lost" Note?

    Answered over 5 years ago.

    1. Michael Alex Wasylik
    2. Margery Ellen Golant
    2 lawyer answers

    In Florida, a plaintiff must do one of two things in a foreclosure case: it must produce the original Note, or "re-establish" the Note if it has been lost - effectively, asking the court to pretend they have the Note. In order to re-establish a lost Note, the plaintiff must prove that it had the right to enforce the Note at the time it was lost - either because it possessed the Note at one time, or because some prior person in possession of the Note assigned them the right to enforce it....

    2 people marked this answer as helpful