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Found 214 results

  1. I have recently moved to Florida from Iowa and am going to continue my Home Inspection Business here. In Iowa my business was a limited liability corporation, and my question is do I need to form another corporation here in Florida to do Business here?
  2. Hello, I filed a small claims suit in Florida. It was based on faulty work done by a contractor. I initially filed based on what he said he would charge to fix it (despite it being under warranty). However, some time after I filed the claim, I began getting some quotes from other contractors to fix it. It appears that the quotes I'm getting are much higher than what I sued for (3 times higher). I read in a document that a party may amend its complaint once without permission of the court 21 days after serving the complaint - or - within 21 days after service of an answer or other responsive motion. It has been well over 21 days. How can I go about raising my claim to match the quotes I'm getting? Considering how I'm getting along with this guy, he is clearly not doing the work. Also, the judge hasn't been particularly helpful to me, so I want to do this in a way that will give me a good chance of being successful. I had a default judgment because the plaintiff didn't show up for the first court date, but the judge vacated it and set it for trial. This was despite the fact that he had a bad excuse and presented no meritorious defense that would change the outcome. Thank you so much for your help.
  3. Hi all, New to the forum and this is a bit of a long story but really need some advice. My head is all over the place: -My daughter was born 8 years ago. At the time, her father and I were not married, and he was absent entire pregnancy. Refused to sign her birth certificate and has not in the time since. He lived a fair distance from us and saw her on occasion but moved across the country when she had just turned one. After that, he went almost two years without seeing her, and paid minimal child support (an amount that was agreed upon by us). In the time since he has moved, he has married and now works as an Attending physician. He pays $750 a month in child support- again agreed upon us because he felt he didn't need to pay more. We had a strained relationship, and he missed many major things for our daughter: multiple surgeries and a life threatening admission to hospital (he acknowledged the gravity of the situation but still refused to fly out). He has been vocal about wanting her with him out there and since there is no court order, I told him that he needed to make an effort to get to know her. Twice a month phone calls that lasted only a few minutes (sometimes once a month depending on when he reached out to me) created a gap between them even though I have asked for him to be in touch more frequently with her. He sometimes forgets to pay child support, claiming he has been too busy with his job and other children and got caught up in those moments. Finally, I stipulated that if he wanted a real relationship with our daughter- who sees him as a stranger- he needed to be here more frequently than once a year. Our daughter exhibits some severe anxiety and has melted down at every visit with her father, so I typically have stayed on those visits and tried to stay back and let him have time with her. However, last summer she was convinced I was leaving and spent 48 minutes sobbing and afraid to be with him- while he stood there awkwardly, and made no attempts to soothe her. I've always been clear to her that she can call her father whenever she wants, and even encouraged her- but she has been very reluctant. Just recently, we had scheduled a time for him to meet with her during a quick stop to the State. This comes on the heels of him again forgetting to call her several times this year and maintaining barely minimal contact. A call last week resulted in her blatantly refusing to talk to him, even with coaxing from me. A few days later, he sent me an email saying that he would no longer be seeing her until she is ready and that he feels my interference has caused a gap in their relationship. He resents the fact that I have yet to fly her out (please note she has a hearing condition that makes flying difficult period and I've yet to attempt it with her). He also feels that had I allowed her to go to him and not been present on the visits, none of this would be happening. He is going to cease his child support and wait to hear from her one day when she is ready. Please help. I responded in an email highlighting the things he needed to take responsibility for in their relationship, and reminded him that I have always spoken positively of him to her. If he doesn't want to pay child support, I told him that's fine (several family members and friends disagreed with my decision). What options do I have in Florida to handle a situation where the bio father- who is not on the birth certificate- ceases contact in this manner? I figure to leave it alone but I don't want a situation in a year or two where he has a change of heart and I don't know what steps to take legally to protect her interests. I admit that in the email I lambasted him for being emotionally vacant. Any and all advice appreciated. I feel like I somehow have failed in this situation and am not sure where to proceed.... (other family members of his still want contact with her, which puts me in awkward spot). OC35
  4. I'm 17 years old and currently live with a guardian (not legal) but I want to live with my mom and I want to know if i'd be able to do that without my guardians permission? I know she wouldn't want me to but i know it'd be best for my mental health. Would my guardian be able to keep me from doing this? My mom has custody of me and is my legal guardian
  5. I understand that the annual property tax passon charge from owner of a manufactured home park to each rental lot but is the charge that is paid by the mobile home owner tax deductible? Also, the park 'includes' a basic cable charge as part of the quarterly lot rental. Can this particular charge be declined and withheld from the quarterly rent?
  6. I was recently terminated from my place of employment. Prior to that I received a loan from said employer. At the time of termination I was told they would be keeping my entire last paycheck to go towards the loan. Is this legal? Do I have a choice to fight it?
  7. I work in an apartment building. A resident was transferring to an apartment within the complex and there is $300 fee. The resident made out the check to myself and I kept it without putting it in the system. Eleven months go by and shes hired a detective to look into if I kept the money or if it went to the property. How much trouble am I looking at?
  8. I have posted here before regarding a closely related issue, but it has now been resolved, so if any of this sounds familiar, then you’re probably not having deja vu. However, the question I’m asking now is different, so I’m just going to start from scratch and focus only on the facts that are currently relevant. A little over a year ago, my dad was discharged by his pain management doctor (Dr. K.) due to a series of urine tests which allegedly showed no traces of his prescribed medications, but just a few weeks ago, after finally acquiring the test results directly from Millennium Labs, he was able to prove that Dr. K lied through his teeth and convince another pain management doctor to start treating him. Of course, if this were just a matter of hurt feelings, then we would just forget about the whole fiasco and move on, but because of Dr K’s lies and his refusal to release copies of the lab results, my dad spent over a year trying in vain to get another pain management doctor, all of whom were led to believe that he was a drug seeker. It has been a living nightmare of physical pain, emotional turmoil, and thousands of dollars worth of financial loss. Please allow me to explain in a little more detail. Since the 90’s, my dad has been prescribed methadone for a chronic, deteriorating condition in his lower back. He has consulted with several doctors regarding back surgery, but they’ve all told him that it’s far too risky and would almost certainly make his condition even worse. The problem is that, even if he were to have back surgery and it completely cured his pain, he would still have to taper off of the methadone over a long period of time, or risk undergoing severe withdrawals lasting roughly two months. That would be a horrible experience I wouldn’t wish on my worst enemy, but given my dad’s heart condition, his doctors have informed him that withdrawals could actually put him at risk of another heart attack. One doctor did suggest (not recommend) switching to an alternative medication, but it would still result in long-lasting (though somewhat less severe) withdrawals and would require very close monitoring. Needless to say, my dad simply cannot stop taking methadone, except perhaps under the particular circumstances I just described. For the first few weeks after Dr. K discharged my dad, he underwent severe pain and opiate withdrawals. He never got more than an hour of sleep a night, he could barely swallow water without gagging, and his heart rate stayed elevated. The only thing that finally saved him was a methadone clinic. However, they don’t bill insurance, so he had to pay in cash, which costed him more per month than his disability check. He was forced to rely on the generosity of family, but even then, he couldn't afford the copayment for an echocardiogram and other essential medical expenses. Besides, methadone had only been one aspect of Dr. K’s treatment, along with injections and physical therapy, which my dad no longer had access to, leaving him in far greater pain. Meanwhile, he tried several times to get another doctor, but they all refused to treat him on account of Dr. K’s lies. This lasted for over a year, until my dad finally managed to talk to one of Dr. K’s staff in private and learned that Millennium Labs had tested his urine samples, and even then, it took a whole month to receive the lab results, plus another month for the new pain management doctor to review them and set up an appointment. It’s worth pointing out that my dad, his primary care physician, and the other prospective pain management doctors all sent signed releases to Dr. K for complete copies of his medical records, including explicit requests for any and all lab results, but each and every time, he refused to send anything other than his office notes, claiming that there was nothing else to see. Now, to the point of all this. Legally speaking, what’s the best way to make Dr. K pay? Of course, when I say “pay”, in mean literally, in the form of monetary compensation. At the very least, my dad wants him to pay the full amount he was forced to spend at the methadone clinic, not to mention a generous sum for the pain and opiate withdrawals he endured. Bear in mind, the lab results prove beyond a shadow of a doubt that Dr. K (and his physician’s assistant) lied about the urine tests, and we’ve got written testimony from at least one other doctor (so far) stating that these lies were the sole reason he refused to treat my dad. Simply, there’s no way Dr. K can deny the hard evidence, justify his inexcusable actions, or argue that his actions did not lead directly to my dad’s opiate withdrawals, added pain, and extra financial expenses. Despite all of that, lawsuits are not always the best course of action. Even when everything seems cut-and-dry, they can often take a long time and yield underwhelming results, so before my dad calls a lawyer, he wants me to ask around for advice. How would you recommend he proceed?
  9. My husband and I lived in a 55+ community in the West Palm Beach, Florida area for 15 months when our daughter was involved in a domestic with her finance'. We are allowed visitors for 2 weeks, but she was still not on her feet and pregnant so we were allowed a 90 visitor pass for her. About three weeks in, I spoke to my husband and told him we needed to think about our options after the 90 days in case she was not able as she only worked part time. In the midst of looking at OPTIONS, I informed the owner of our unit that she was staying with us but that we had a 90-day visitor pass from the HOA as we looked at our options for her. One option my husband and I discussed was to have her go to our home in Georgia, another option was, I asked the owner if it was possible to put her on our lease. It all went downhill after that. All of a sudden I was told we broke our lease, even though we had a 90-day visitor pass, and we had to be out by April 30th. So I said, we are being evicted and the owner said no, the HOA said no children allowed and we had to get out but that the owner was allowing us to break our lease but keep our security deposit. I do not think this is right. I was looking for options and make sure we didn't break the contract and next thing I know we are being kicked out but told we broke our lease and do not get our security deposit back. I have this whole conversation in text messaging.
  10. I have no idea what Im doing or talking about. We had a cousin on my husbands side of the family reach out to us last night and ask us to let DCF temp place her 2yo son with us. They have had him since October and placed him with a strange lady who is claiming to be a friend of the family but IS NOT. The lady is trying to pursue long term custody with the option of adoption. The mother of the child is currently trying to get her life together to get her children back. We spoke with the case worker this morning and she said the court would consider the fat that we are family but he doesnt know us and is already comfortable with this lady so it may be a battle. Who has ever heard of such a thing. We have two boys already ourselves. One is 1yo the oldest just turned 7. We have a 3b2b house we rent. I have my own cleaning business but my husband was recently displaced from work. We keep a clean home and food in the fridge and pantry. I cook homemade dinners lunches and breakfast everyday. Needless to say he would be well taken care of here. I am concerned we may not get him. I also would like to know if anyone can tell me anything about the process we are about to go through. What it is called anything. I just really would like to be prepared for this process as I have been told it is long and very complicated and drawn out. We have weighed all of the pros and cons involved in this and we understand we may be taking this child in to be our own. But our main goal is to help her get it together and get her children back. She is a wonderful mother but drugs are a very bad thing. Would anyone happen to know weather or not this woman who has the child now is going to make this process even harder? I know this isnt well put together and very cluttered but as I said I have no idea what is going on or what im doing at this point.
  11. I work remotely for a company and have been for about 4 1/2 years. For the past 2 years my W2's don't match my records or my direct deposits. My accountant and myself have tried calling to no avail, they don't answer the phone. An overwhelming majority of communications are via email, only very seldom do I actually speak with any coworkers. Access to my superiors us pretty limited as emails are not public information and asking for an email draws unwanted attention. I want to note, due to the nature of my company most applicants are referred by existing employees, namely family members. Therefore, most of my coworkers, including management, are related in some fashion. Recently during a conversation with a coworker and my manager for another subject I brought this to her attention. I could sense that she was taking it as a personal attack. After the conversation she contacted her superior and a HR representative, whom then called me. We had a conference call and the conversation quickly turned to insinuate that I was making litigious threats against the company and I was somehow in the wrong. The W2 income is considerably more than I believe I made and by several thousand dollars. They quickly tried to distance the company and themselves by stating they employ a third party to calculate payroll and related information. The HR manger then emailed me a copy of my W2 from her records, which isn't the same as the one I was originally sent. I didn't inform her of the discrepancy because I don't want to draw anymore negative attention to myself. Now I have three different numbers for at least last year. I am currently having some personal problems and since this position affords me the ability of working remotely, I simply cannot afford to lose my job. I just don't know what to do, I have not filed last year because I don't want the IRS after me. Any advice would be greatly appreciated. Thank you for your time and input.
  12. My ex and I signed a rental lease and I moved out 3 months later due to his excessive every day drinking. I have a young daughter and did not want her exposed to that. Now, 7 months later he sent a text saying he's taking me to court for 2 months rent. He also moved out of the rental 2 months after I did. Landlord is not demanding any compensation from either of us. Is there a time frame in which my ex can sue me for moving out? He moved 5 months ago.
  13. Ok, so my mother came down to visit from Kentucky. My fiance and I are both Florida residents. While my mother was driving, and my fiance was in the passenger seat they were rear ended by a truck pulling a trailer and caused her vehicle(my mother) to hit the vehicle in front of her. The driver of the truck claimed fault and a policeman came and filled out a report and agreed it was the driver of the trucks fault. Now heres where it gets tricky. Florida law requires everyone to have liability insurance and you dont sue the driver of the vehicle at fault, you sue your own insurance and they go after the at fault person. My fiance didnt have a vehicle at the time and had no liability insurance. The insurance company from the driver of the truck said they wouldnt cover the accident because their driver didnt have personal injury insurance which is insane to me. My mothers insurance said they wouldnt cover her bacause to cover passengers that are outside of the immidiate family is an extra opt-in charge that she didnt have. My fiance went to one super large, super busy law office that told her they wouldnt take the case and it discouraged her. Since then, my mother has been paid for her damages as well as hospital bills. My main question is would she be covered under one of these policies, my second question is that if I have her power of attorney(which I do) could I speak with a lawyer on her behalf and perhaps get a case filed. I ask not because that I want a massive settlement. But because we are set to be married next year and her once perfect credit now has over a thousand dollars in past due, in the process of collections, medical bills that will eventually fall on me once married. Any and all info would be appreciated.
  14. i am 20 years old and me and my husband are trying to get custody of my sister and possibly my brother they are4 living with my mom right now but she married a sexual predator just after divorcing my dad. I am looking for any way to get them out of that house my mom is not in the right mindset to have them in that house. I just want to protect them from this man. and just another piece of info she knew marring him that he was a predator and that he was her cousin!!! someone please help me.
  15. I want to hire a Landlord Attorney in Boca Raton, FL to deal with Ex-Tenant $3,817.00 damage of my house. If Tenant pays the damage without lawsuit, my attorney gets half of what Tenant paid and I get half, too. In case that my Attorney has to file lawsuit, Tenant pays my attorney lawsuit fee and I get $3,817 if Tenant is losing party in the lawsuit, or my Attorney and I do not get paid if Tenant is winning party in the lawsuit. If you are an Attorney in Boca Raton and want to know more details, please call or text me 813-334-4089 Thank you, David Chen
  16. Just got our lease, 7 pages long, he put a clause "Tenant accepts entirely the responsibility for recharging air conditioner compressor and the cleaning of furnace or replacement of filters." This a legally enforceable term? Another one here: Tenant is responsible for all glass, screen, and storm door repairs. Tenant is responsible for all plumbing repairs including faucets, leaks, stopped up pipes, frozen pipes, water damage, and bathroom caulking. Landlord will assist with major repairs over $100. Anybody in Florida find objection to these terms. It's a 3/2 home in Cape Coral.
  17. I've lived in a community with a HOA for 20 yrs. In January the HOA hired a new management company. When the previous management company transferred the records to this new one, it seems that the oldest records they have start in January 2008. Somehow in the transfer my account statement from 2008 appears with an initial balance (monthly payments appear due from before Jan 2008). I have automatic/recurring bill pay setup in my bank website since 2000 to pay the HOA, and the check goes out like clockwork. I was a frequent caller to the previous management company to talk to the person in charge of my HOA's account for different reasons, questions, problems, to check if payment for a special assessment had been received, etc. In recent calls I remember asking her if everything was OK with my account, and she said "yes". I never received any communication that anything was owed. I explained that to the new management company, and asked them to tell me the years and months that were due (in order to find proof of payment documentation), but they say they were not given those records, they only have 2008 and after. The old management company told me that by law they can't work or look at my records anymore after they're transferred. This week I received a statement with a coupon to "please pay", but it has no due date. I pay everything on time. In 20 years living here, I have their payments going out by paper check automaticly from the bank. I'm concerned b/c those people can't care less. Does the statute of limitation apply to this kind of debt? In Florida I think it's 4 or 5 years. Can they put a lien on my property? Is the burden of proof on them--as they're claiming that I owe--in this situation? What should I do?
  18. Purchasing (land contract) 4.8 acres in Gadsdan County. There are no restrictions from the company we are purchasing the property from. Before moving I called the building department and asked questions. They said I could put an RV on the property while we build a home. When it was time to move the RV fell through so we put up tents on April 15th. The last week in April a Sheriff stopped by said he had some complaints. He did not write anything up nor did he give any verbal warning. On May 5th the Gadsden County Code Enforcement was here took 2 pictures of our camping area and gave me a Notice Of Violation. Violation Type: Tent on property. Living in. And said I needed to come in and talk to them. On May 8th we went in and talked to them. Said we had to have the tents down and off the property within the 14 days from notice. We tried to talk to them to work something else out, like the RV that was suppose to be okay over the phone was no longer okay. The code enforcement guy said repeatedly "you just need to disappear". I need to find out if we have any legal foot to stand our ground.
  19. I should have read the lease and made sure i understood the exact terms of the lease but hindsight is 20/20. I gave 6 weeks notice to my landlord (in lease 2 months) that we would be moving, we had been tenants for a little over 5 years. Never signed a lease other the the first one signed, went to month to month. She said okay, but you understand 2 months is what the lease said. I told her i understood, but could she understand too? I was told okay based on home being able to be turn over quickly. We were delayed in moving everything out and she said no problem, just get it done as quickly as possible. She came in and did a walk through as we were packing, said everything looked good, thanked us for being great tenants, but please hurry to move so she could turn property around. We were moving things in and out everyday, during this time the garage door broke for the third time. I had had it repair by my work handy man the first 2 times, this time he could not repair the (original/house built in the 1980's) garage door. He did however close and secure it. She is now saying I am responsible for all of the cost for repairing the garage door, she said I am being charged for the total repair. In addition, she is charging me to fix the sliders to the backyard, again original to house. Also, (referenced above-read your lease from top to bottom!), we were responsible for painting the house when we left, hindsight!! so I understand I need to pay for her hiring someone to come do it as well as supplies. I do accept responsibility for the repairs, and the extra rent due for the extended time we were at the property, i do think however that in a house that old things get worn out like sliding doors, garage doors, why do i have to pay the the whole bill? Please advise because i need to respond to her asap, with payment. Also, when we discussed the "damages" I explained I could not pay everything upfront, i did/do not have all of the money she is asking for, can a lump sum be paid with payments, is the that a reasonable request?
  20. Facts: I just found out via a solicitation email that a creditor is suing me. I looked up the case number this morning and learned that I had a pre-trial hearing scheduled today, which I missed of course. I also see where they plaintiff filed an affidavit showing they tried to serve me but where unccessful. Let me clarify, I was in no-way every dodging a server! I looked later today and see where the hearing was cancelled because I was not served. The amount they claim I owe is less than six-hundred dollars, but I am concerned with having a judgement on my credit, and that judgement including the "debt amount" plus fees. I will definitely not avoid the situation. Not sure if it is relevant, but I have been working with Lexington law who has filed letters to the creditor. My dilemma: With the amount being so small, would an attorney potentially cost me more that the judgement? is it reasonable to represent myself and are there resources to help? I honestly don't mind hiring an attorney and would prefer not to do it myself, but I don't want to spend $2000 to save $600... Any Florida Attorneys that offer a free or low cost consultation, preferably via phone/email due to my work schedule?
  21. I'm just going to tell you guys what happened and let you tell me what you think. It was october 20,2015 and I took my grandfather to get blood work. As a good grandson I agreed to always help in anyway I can to help my grandparents if they need it. My uncle asked me to take grandpa to get blood work and I agreed. I took him to get blood work. I noticed the phlebotomist wasn't washing her hands in between patients. I told my grandfather and told him I would say something if she didn't wash her hands. I did say something but that was after allowing my grandfather to be seen by this lady and she never washed her hands. If grandpa gets sick or even dies from some kind of disease because of this event, am I criminally liable for letting it happen?
  22. My daughter has health insurance under the ACA Florida Blue as she is self employed. She recently had a baby. She was told last open enrollment by Florida Blue that when the baby was born all she would have to do was let FL. Blue know the baby's birthdate to enroll the baby on her plan. Baby is now born & she is now being told by both Fed website person answering phone & FL Blue she has to apply for Florida Medicaid for the baby & if denied, then the baby can be enrolled on her plan. She does not want Medicaid for herself or the baby & will be back to work in another 3 weeks now since the baby is 3 weeks old. So it appears this baby is in limbo right now & has no health insurance. My daughter just received a $500.00 bill from the peditrician. Doesn't Fl Blue have to cover the baby for 30 days after birth?
  23. I am executor of my mother's estate, there is something in it that I do not understand. What is the meaning of "without stirrups". Or "with stirrups"? I live in NY state, more m lives in Florida.
  24. Dad died years ago, Mom recently. If there is something I need to do, the time window is small. Section 732.402 Fla. Stat. 732.402 Exempt property.— (1) If a decedent was domiciled in this state at the time of death, the surviving spouse, or, if there is no surviving spouse, the children of the decedent shall have the right to a share of the estate of the decedent as provided in this section, to be designated “exempt property.” (When it says “the children of the decedent” does that mean only minors? Because if it does, then the rest doesn't matter.) The exempt property is a house. My sister and I are the grown children. Mom left the house to my sister and her husband. The will says: ARTICLE VI Specific Bequest I give my homestead property to my daughter, ___ and my son-in-law,___ in equal shares, or to the survivor of the two if one has predeceased me. 732.402 (5) says: Property specifically or demonstratively devised by the decedent’s will to any devisee shall not be included in exempt property. I'm guessing that means, a specific bequest overrides the part about “the children of the decedent.” But something inside asks, “Is this a raw deal?”
  25. My daughters father and I currently share custody I get her 5 days he gets her 2 days because of his work schedule. A while back we got into a heated argument via text and I mentioned suicide. I felt like I was at a breaking point. All I did was go home and went to sleep. I never attempted it as a matter of fact when I got home I forgot about it. I take extra care of my daughter in terms of dr visits getting the proper nutrition she always cleaned and well groomed he hasn't done much for her by the way my question is can he used that text message I sent months ago about suicide against me and I lose custody of my daughter even though I have never attempted it?