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Manuel Perez-Leiva

Manuel Perez-Leiva’s Answers

1,288 total


  • Will my response to him be held against him in court?

    I was with a friend who got arrested after he was kicked out of a bar. He did nothing wrong. They just asked him multiple times to leave and he was walking off the premises but slowly because he was intoxicated. His lawyers sent the cops body came...

    Manuel’s Answer

    I am changing to Criminal Defense, since that is what your question states. The film will speak for itself; 'nuff said. Naturally, you can say that your perception at the time was also impaired and whatever you said my not have been objectively accurate. Frankly, whatever your opinion at the time was, it is hardly evidence of anything but just that, your (impaired?) opinion, and will not change what the film shows. In other words, who cares what you said? What you can testify to in a sober condition is what matters. Your friend should just hire a good criminal attorney to defend him against any charges. Then, discuss your testimony with him/her.

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  • What is a Notice of completion or compliance filed by defendant mean?

    I'm in the litigation process of an accident lawsuit case and now my lawyer filed a Notice of settlement proposal to the defendant on July 10, in which they have 30 days from that date to accept or we would have to go into disposition and mediatio...

    Manuel’s Answer

    Then be patient and contact them again. You should not be asking other lawyers for free advice when you already have a lawyer.

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  • Must be the GAL present during the entire mediation?

    GAL was appointed to be at the mediation, but I don't like to have her involved in the whole mediation. Can I ask the GAL to step-out after her recommendations?

    Manuel’s Answer

    Of course, you can ask... But not likely they will agree, since they are court-appointed and required to represent the interests of the child (or deceased; you do not say what the case is about...). But, as another has advised, you can always caucus separately temporarily.

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  • Can i ask the respondents lawyer to possible settle child custody arrangements prior to mediation?

    I am the petitioner and my ex is the respondent and she has a lawyer. This is a custody case and trying to get a settlement prior to going to mediation if possible.

    Manuel’s Answer

    Absolutely yes! You are free to settle litigated disputes at any time.

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  • How long does someone have to answer a motion to compel in regards to mandatory disclosures?

    I filed a motion to compel to get my ex to disclose mandatory disclosures like financials. My ex has yet to file any of the mandatory paperwork and my family case is just sitting after 10 months of me paying to reopen my family case. How long till...

    Manuel’s Answer

    It is a common misconception among lay people that filing a motion gets an automatic decision. It doesn't. Hardly anything gets decided by a judge unless it is argued at a hearing. YOU need to move your case along and set it for a hearing otherwise, well, the judge won't hear it and decide it. This could have been decided 10 months ago...

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  • A process server lied about serving papers to me, do I have to go to court?

    A process server claims to have personally served a subpoena at my house; he did not, I was not home at the time, and in his affidavit to the court he inaccurately described me (weight, hair color, glasses, age) What should be my course of action?

    Manuel’s Answer

    Hmmm, you want to dispute a process server's affidavit. Good luck! They served someone over age 15 and you got it. What are you trying to dispute?

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  • Can a trial court judge in Fla make you surrender assets in a non exempt bank account in another state that has protection?

    If you find yourself in a lawsuit that could be current or later on, can a Florida trial court judge who has personal jurisdiction order non exempt personal bank accounts that mostly came from wages working throughout the years that you put in an...

    Manuel’s Answer

    Your questions are hard to understand. But, in general, a judge can do anything that is legal. If you think it was incorrectly done, then feel free to contest it. Naturally, a lawyer will do it better... (please do not message me insulting me because you do not like the honesty of the answer... Obviously, you do not like the results and ask the ridiculous question "Can a judge do X?" Usually, yes, they can; that is why they are judges. Can they be wrong? Yes; that is why they can be challenged.)

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  • What constitutes a Judge's words to parties at a hearing?

    If at a dismissal hearing a Judge makes comments to the parties (and their attorneys) and says the case has no merit and is moot (disfavored party), but doesn't dismiss the case at the hearing, can the Judge 3 months later at another hearing set ...

    Manuel’s Answer

    If I had to bet money on whether you recollect wrong or the judge, I would bet against you. Regardless, as others have pointed out, written orders are what count, not passing comments. And you probably did not and do not understand what is going on (for example, the new hearing).

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  • Can sue child support if I have had to make 2 over payments and been arrested for a purge that wasn't owed

    I pay child support to my mother who has custody of my 3 older kids. The court order for mine and my mother's case is in Washington State. When I moved to Florida anything that's has to do with my child support case in washington goes threw Orland...

    Manuel’s Answer

    Our answers here will not help you solve this. Hire an attorney to do so.

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  • WHAT RECOURSE DOES PLAINTIFF HAVE IF DEFENDANT REFUSES TO ANSWER INTERROGATORIES?

    DEFENDANT ANSWERS WITH "OBJECTION; OVERBROAD, VAGUE, IMMATERIAL, IRRELEVANT AND NOT CALCULATED TO LEAD TO THE DISCOVERY OF ADMISSIBLE EVIDENCE". CAN DEFENDANT DETERMINE WHAT IS, OR IS NOT, RELEVANT AND REFUSE TO ANSWER? CAN PLAINTIFF STATE THEY ...

    Manuel’s Answer

    Your captioned question has been well answered above. To answer your textual questions, yes, but you can object; and yes, you can so move. Good luck.

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