In my family law case, the father of my child hired an attorney and filed a motion for modification which was not served to me. Someone at the courthouse alerted me to the fact that there was a motion for modification filed in my case so I went t...
By answering the petition you have absolutely waived any right to claim that you were not served properly. Stop making that argument because it will only annoy the judge and the opposing counsel. It truly sounds as if you don't have a good grasp on the procedures in which you are involved. For that reason, I urge you strongly to seek out a lawyer to represent you. Particularly since this is not merely a case involving dollars, rather it involves the amount of time that you will spend with your child or children. Because of your unfamiliarity with the rules of family procedure, you may wind up getting yourself into a situation where the judge Will seem to continually Render orders that you find unfair. Since you are personally involved in this litigation, and it has to do with your children, emotions Will run high. You were judgment may be affected. Therefore, I reiterate my suggestion that you obtain a lawyer.See question
I gave her a quote and received a deposit. When I contacted her to install the drapes she told me she had changed her mind and didn't want them. She never told me that. Because they are custom made I obviously can't return them.
While you are looking specifically for payment on these custom made drapes, this is probably a good indication that you should review the contracts or work orders that you use to initiate the sale of custom made drapes. You should have a document drafted by a lawyer to make sure that you were agreement with each customer contains terms that are favorable to you. In addition, I would make sure that every single one of your customers signs this agreement which will include terms such as handling cancellations or returns.
If you have made a demand on your customer for payment, but she refuses to pay. There is only one remedy: file a lawsuit. If you have a written agreement with her, hopefully that agreement will entitle you to recover the costs associated with collecting the money, such as attorneys fees. If you prevail, the rules of court mill allow you to seek reimbursement of some of your costs of collection, but probably not all of them. You can only request reimbursement of attorneys fees if you have a written agreement with your customer or a statute upon which you base your claim. Either way, you will be well served by having a licensed Florida attorney assist you with this kind of claim.See question
Our landlord had my husband sign a stipulation without explaining or being seen by a judge. Yes partially his fault. We recently filed a motion to open and amend thenstipulation for a number of reasons 1.) the amount total more than what the landl...
You have filed a motion to vacate or set aside a settlement agreement. There are many defenses that can be raised to the enforcement of a settlement agreement, which is a contract. Keep in mind, signed documents should demand respect. We all hope that it actually means something when two or more consenting adults enter into an agreement and reduce it to writing. Please don't think that even a lawyer can simply wave a magic wand and avoid enforcement of a written instrument.
With that being said, it is possible to avoid the enforcement of a settlement agreement. I suggest that you sit down with a licensed Florida attorney and have your husband give him or her all of the facts surrounding the manner in which the settlement agreement was procured, the substance of the settlement agreement and any defenses you believe you may have. In my experience, I have not seen litigants prevail on such a motion without the assistance of an attorney - not because judges or courts favor one party over the other because that one party is represented by an attorney, but because the defenses that you will be required to raise are complex. I would not expect you to even be able to come up with those defenses without the assistance of an attorney.
As you move forward with this kind of litigation, please be aware that the residential landlord tenant statute, and most likely your lease, both include a prevailing party attorneys fees provision. That means that if you lose in your litigation against the landlord, if your landlord is using an attorney, they may seek to hold you responsible for the attorney's bill. The same principle would apply in your benefit: if you hire a lawyer to represent you, you may seek payment of your lawyer's bill from the losing party. Such requests for attorneys fees must be in writing and must specify the statute or contract upon which the claim for attorneys fees is based. For this reason alone, I recommend that you seek the advice of a licensed Florida attorney who has experience litigating these kinds of cases.See question
There is a leak in the bathroom that has gotten progressively worse since I first reported it just before Christmas. I also sent a video and photos . She assured me that someone would be here on the tuesday after new years. I am still awaiting som...
If your lease is a commercial lease, my colleagues are correct, and you will have to look towards the language of your lease to determine how the situation is handled. Most likely, there is some kind of requirement that you provide notice to the landlord and an opportunity to repair. When you send your notice, please retain a copy of it. Also, your lease will specify the address where and manner in which you must send the notice. It may require a copy to the landlord's attorney. Make sure that you follow whatever language in the lease controls notices.
If your lease is a residential lease, you must send a proper statutory notice or your complaints to the landlord are nearly meaningless. These are actually complex waters to navigate and you should obtain the assistance of a licensed Florida attorney to make sure the proper notice is sent to the correct person and at the correct address.See question
contract to lease states it is for 1 year. I put down 1st last and security. Since no actual lease was signed can I get out early and get my deposits back?
Regardless of the actual title of the document, always be careful when you sign anything. Please read every word before you sign it and retain a copy of that which you sign. In this particular instance, look at the exact language of the document you signed. It should provide you some guidance on how to handle the return of deposits.See question
He lost his job like three months ago and been tryin to catch up on the rent. He also went to this place they help pay the rent which take up to 4 weeks for the landlord to get paid but they did not want to wait that long. We are now in a situatio...
It depends. Once the Writ of Possession is issued, the Landlord needs to deliver it to the Sheriff to POST it on the Property. Once the Writ is posted, your boyfriend will have 24 hours to vacate the property before the Sheriff returns, forcibly removes your boyfriend and changes the locks - with his property inside if he hasn't removed it.
He may get lucky as we approach the holidays to get some additional time, but be prepared. Delay will hurt him. You may be able to call the Sheriff, or the Clerk's office to see if the Sheriff has even received the Writ for posting. Good luck.See question
It specifically states rent, nothing else. The letter was written by a lawyer friend of his. This is stressful, my husband is a disabled vet, I just had spinal surgery and am recovering at home and my daughter just got fitted for a back brace. We ...
If you have attempted to speak to the landlord and he refuses to speak to you, it seems like you are headed for a court room. Your relationship with the landlord will be governed by both the written lease agreement that you have and the landlord-tenant statute in Florida. These issues can actually be quite complex as they play out in a court room, so please do not underestimate them. I would suggest that you immediately find a lawyer who handles that type of law and consult with him or her. You are not without options and remedies for your situation, but, a lawyer will need to review your lease and discuss all factual patterns with you.See question
I'm renting a room from an apartment complex ,they don't like me so there not accepting my rent money and there trying to tell me I have to move out today....
No. You should consult a licensed Florida attorney familiar with landlord-tenant law as quickly as possible.See question
In a Civil Family Case: If a party requests documents in a request to produce, does the requester have to produce those same documents, ie financials records, in a timely manner?
They CAN go both ways. But, you must send your own request for documents to the opposing party. Just because one party sends out a discovery request, that act does not automatically trigger an obligation for them to also respond to the same discovery request. If you want the other side to produce documents to you, create a discovery request of your own and deliver it to the opposing side. This process can be difficult and confusing, so I recommend that you hire a licensed Florida attorney to assist you.See question
How can I recoup this? I also sent him money thru Western Union and bank wire. $47,000.00 He said he'd pay me back when he got his insurance money in. I have a promissory note for the items, he also gave me two Rolexes as collateral (FAKE), did no...
If your friend won't answer your calls, you have a remedy: Sue! Contact a licensed Florida attorney to help you with this matter so that you can get the maximum amount of money possible. Perhaps a lawyer can help you bring a claim for attorney's fees as well (hopefully, you could make your friend pay a portion of your attorney's fees). If you do nothing, the statute of limitations could run and you will lose your right to sue him and get a judgment against him. Since the Rolexes are fake, perhaps a lawyer could help you bring a claim based in Fraud - which could be non-dischargeable in bankruptcy.See question