They had her on the phone for 20 minutes and want her to settle for a certain amount to be paid in 6 months and they said that it will be taken from her pay. Is this legal? I thought you could not be called at your work place and the only way you ...
Your daughter should consult an attorney for a consultation to determine her rights regarding that specific debt and the collector. If the original creditor is the one contacting her, then they are not likely to be governed by the FDCPA ( federal Fair Debt Collection Practices Act) but they could still be governed by the Florida Consumer Collection Practices Act. An attorney can discuss her experience to determine if they have violated either Act and if she has a claim against the collector.See question
Judge told me he had read my motion to disqualify her as his lawyer but would not disqualify her from this case? My only option now I guess is the Florida Bar, is that correct? Why would he allow her to be both when its totally against code of eth...
Your question is not clear. Are you trying to have your own attorney disqualified from representing you? Are you trying to have the judge recused from hearing your case?See question
The tenant did not pay last 2 months rent to new owner. Although he states that he did in a small claims court paper. He did not pay us(the owner) or the new owner for 2 months. Can he sue us for what amounts to the same for security and last mont...
If I understand your question, you (Landlord) owned a house and leased it to Tenant. When the lease had two months remaining, the property was sold at a foreclosure sale and the Purchaser allowed the Tenant to stay through the end of the lease. Tenant did not pay rent to Purchaser for the two months.
Can Tenant sue Landlord for the advance rent (last month rent) and security deposit? Tenant has some claims that they may assert. Landlord should have returned the security deposit or provided statutory notice claiming the security deposit. Landlord's entitlement to rent ended when the property was sold and a certificate of title was issued. If Tenant paid Landlord rent for every month up to the sale, Landlord owes Tenant the security deposit and advance rent. Quite likely, Tenant can sue for the deposit and also recover attorney's fees.
Tenant's obligation to Purchaser is unrelated to Landlord's duty to Tenant.See question
I purchased title insurance on a foreclosed auction home 6/13. They affirmed that their was no liens or emcumbrances on this home. On 7/14 I inadvertantly opened a local attorney's flyer that stated my home was being foreclosed on 8/5/14! I contac...
I think the other attorneys answered your question and I write to suggest that you consult an attorney regarding the possibility of a negligence claim against the title insurance underwriter or the party that conducted your title search.See question
Residential lease expired on 5/31/2014. We have remained in the home with the mutual agreement of the parties (new lease signed, but never notarized or returned) and have paid base rent in good faith and on time. Recently gave more than 30 days'...
The landlord's claim for holdover rent will depend on the statute and the terms of the lease agreement. Generally speaking, the right to holdover rent is available if the tenant stays in the property without the landlord's permission and the landlord provided notice that they would be claiming holdover rent which can be twice the normal rent.
It seems that you are not a holdover but I need more information.
The Florida statute on holdover is sec 83.58, a link to the statute is included below.See question
I own my mobile home but rent lot from park. We have an oral lease and for past six years in the summer when my husband gets laid off we pay late but always pay half each unemployment check. The park reads our water meters and charges us water. Fo...
1. If they did not provide a three day notice, you have to be able to convince a judge that you never received the notice.
2. Depending on the size of the mobile home park, you probably fall under the Florida Mobile Home Act and not the landlord tenant act. Under chapter 723, Fla Stat, you are supposed to get a five day notice delivered by certified mail, not a three day notice.
3. You may be able to argue that the historical acceptance of bi-monthly payments during the summer months may allow you to continue that payment manner without penalty. There is no guarantee that a judge will accept that argument but it is possible.
You need an attorney experienced in mobile home eviction defense. There are some that will accept such cases on a contingency basis. Call or email attorneys for a free consultation. My answer above is general and I need to see the actual documents to provide an answer specific to your case.See question
I received a notice from my leasing office to remedy the noncompliance in seven days
The notice should clearly state the nature of the non-compliance. You have seven days to correct the problem.When you have done so, send a written notice to the landlord that you have corrected the problem. If you don't believe that the problem described in the notice exists, send a written notice to the landlord informing them of that fact. Going to the leasing office to discuss a problem can often resolve the issue but you need to follow up with something in writing unless the office provides something in writing that you can rely on to prove that the problem was resolved in your meeting.See question
My HELOC loan case was dismissed on 1/10/13 and then vacated on 5/10/14 more than a year after the initial order was written. It was without prejudice initially. Rule 1.540 I believe states they need good cause and have up to a year to re-file w...
These facts call for an experienced real estate litigation attorney to review the documents and determine your status.See question
I was repaid about half. In Florida can I file in small claim, or put a lien on the property at this time . I have a copy of the check. Person owns various property, this is not her primary home. Since I made the loan, another name has been added...
When did the borrower make the last payment to you? If there is no written loan agreement, the statute of limitations is four years and it is possible that you are barred from taking action to collect the debt. If there is a written loan contract, the statute of limitations is five years.
If the time frame is not a problem, you can file a lawsuit and after you have obtained judgment, recording a certified copy of the judgment in the county where the real estate is situated will create a lien on the property.See question
Recently won an eviction case which was Dismissed With Prejudice and I was curious if there were websites that I could find sample Motions so that I may have something to go by. Does this motion need to be accompanied with any other documents? I a...
A motion to tax costs must be filed within 30 days of the dismissal. Rule 1.525, Fla. R. Civ. P.
Do you have much in costs? You are entitled to taxable costs, like deposition expenses, witness fees, etc. You don't get to recover for your time and other inconvenience.See question