Archived
A collection agency is hounding me for a lease on a credit card capture machine from 5 years ago. is the statute of limitation u
James's answer
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Answered on June 26, 2015
The Statute of Limitations for a written contract in Florida is five (5) years. However, it runs from when the contract was breached. If you get...
Archived
In Florida one's house is exempt from a judgment creditor. Does this include the wages earned in order to pay the mortgage, etc?
James's answer
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Answered on June 26, 2015
My colleagues are correct, Florida's homestead exemption would not protect wages. As pointed out, there are other exemptions, such as head of...
What is the statute of limitations on lewd and lascivious molestation in Florida for an incident that allegedly occurred in 2011
James's answer
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Answered on June 26, 2015
Normally a Second Degree Felony would be a three (3) years statute of limitation, but under §775.15(13)(a) the applicable statute of limitation...
Archived
I received a notice of hearing. It states that it is about a petition of dependency. What does this all mean?
James's answer
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Answered on June 26, 2015
A Petition for Dependency is usually filed by the Florida Department of Children and Families and alleges that you have abused or neglected your...
Archived
3.800(b) motion to correct illegal sentence?
James's answer
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Answered on June 26, 2015
If the plea was negotiated, and you agreed to sex offender probation terms, then it is not an illegal sentence.
To be an illegal sentence...
Archived
What are the steps to obtaining sole custody when the divorce decree names 50/50 custody?
James's answer
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Answered on June 26, 2015
Ms. Augen response 100% correct, you should have no problem with the court entering an Amended Final Judgment based upon the facts contained in...
Archived
In 2011 I was arrested in Florid for burglary on an occupied dwelling. The case was dropped and I received an nolle prosequi.
James's answer
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Answered on June 26, 2015
If you were the only defendant and a nolle prosequi was filed in the case, it should be closed. Call the clerk of court rather than the Governor,...
Archived
Can a Court Order be dismissed on a small technical error?
James's answer
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Answered on June 26, 2015
The wrong date would not affect the validity of the order, however, under the right circumstances, the lack of notice and opportunity to be heard...
Archived
Is it illegal to claim your child on your taxes if they do not live with the child in a different state?
James's answer
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Answered on June 26, 2015
More information is needed to answer your question. You stated your ex, if you were married, the issue of who claims your son should be dealt with...
Archived
When a consumer files an FDCPA-TCPA claim against an agency, does the SOL extend if the consumer claimed Bankruptcy prior?
James's answer
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Answered on June 26, 2015
Mr. Tischhauser is correct, any claim or cause of action should have been listed as an asset in your bankruptcy. Failure to list a cause of action...
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