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Found 172 results

  1. I was legally married in the Turks and Caicos in December 2012. Upon returning to the U.S., we never filed the paperwork in the state of Florida for financial reasons. I was carrying a lot of financial debt, including school loans, and did not want to burden our financial situation when trying to buy a house, etc.. It is my understanding that we are recognized as being legally married here in the states, but I have now been asked for a divorce. Do I have any legal standing or entitlement to half of any property, belongings, or income, even if we did not "register" in Florida, or have my name on the mortgage, bank accounts, etc.?
  2. Hello, I just received notice from my landlord (a property management company) yesterday, that my house is going to be sold. I signed a 3 year lease in October of 2016 that does not expire until September of 2019. I have been living in the property for 9 years now, and my original landlord sold my property (which was 1 of 5) to the current property management company. My then lease was taken over by the management company and after my assumed lease with them ended, I signed a new one year lease. After the year lease ended, with the next renewal I signed a 3 year lease. After reviewing my lease, there is no "exit clause" for the management company or me regarding the sale of the house. The options I received with the notice were: A. To buy the home B. To transfer to another one of their properties and receive a $500 credit However, after doing some internet research I believe that I am within my rights to have the full term of my lease carried out within the property. When I called to speak to someone from the company, they confirmed that yes, the property was going through the sale process and that while I can try to stay for the term of my lease, the new owner is not bound by the lease and I would have no legal recourse with the new owner or the property management company if I were to be evicted. Just a little background, I am not in a financial position to up and move to another property, I am not interested in buying the house, and the properties that they have available (they only have 3) are in bad neighborhoods. While on the phone with the rep, I also brought up another option - for them to buy me out of my lease for $5,000 which would cover the cost of having to move to another property; but she was unsure of the protocol for that. Also, at this point, I am leery of moving to one of their properties because this same thing may happen to me again. Please help as I cannot find truth to the claims made by the management company - and I believe they are attempting to violate my rights as a tenant. A couple questions, is the management company legally bound to present the fact that there is a tenant in place with a signed 3 year lease to the potential buyer? And how can I find out the information regarding the sale to assure that I have been represented/included? Any and all help is truly appreciated!
  3. In 2002 we went to Kent County court to get marry . Me and my love ( I always said my husband and I) had all kind of ceremonies, receptions, in church, too. After all that year we been filed tax and everything together as husband and wife . Two weeks ago I applied for a passport and it asked for Date of Marriage, I wasn't sure the exactly date because I consider the date we got married in church is the date but it have to be the date at the court. I never have a marriage certificate and I never thought I must have one because we went to the court for paper work . It been a long time and I never know that we were not legally married because Kent county clerk couldn't find our record, they said we were not legally married because we never return the form ... required for the marriage license . We thought we were married for all those years, we filed everything together, now what do we need to do to make everything legally ? And since we're not legally married do we have to refile the tax ? Do we need to do anything to prove either we are married or single ?
  4. I purchased a timeshare in August 2014 from a Florida Resort. It was a 3bd 3ba condo. I called RCI which is the one I make reservation through for 3bd 3ba condo for the week. The tell me my resort doesn't have 3bed 3bath only 2bed 2bath with a 1bed lockout. I didn't purchased that and I was told to call resort to which the lady on the phone told me it says building 501-unit 202a,202b on my contract, but on my contract it say only building 501-202 unit. I haven't used it either, looking to get out of contract and get my money back. Is there anyone in Florida who handles Consumer Fraud on contingency fee. I live in Pennsylvania and its hard to find a lawyer here that's in Florida Bar...Any help in this matter is greatly appreciated!
  5. Does a minority shareholder in a closely held S corporation have the rights to financial statements and or tax returns of the corporation. Would the answer differ if there was reason to believe that this shareholder was trying to undermine the corporations' other shareholders by trying to take an existing contract away from them.
  6. Almost 20 years ago an employee of mine received a one year suspended sentence for habitually driving while license was under suspension or for driving with no insurance. His sentence was handed down in a county court. He was subsequently stopped in another Florida County, also for driving without insurance, but the sentencing county was not aware of the incident and no action was taken. The question is this: Is there an expiration period for a suspended sentence or is the individual perpetually subject to the imposition of the original sentence? What triggers the question is this employees need to receive a security clearance for work to be performed at a Federal facility.
  7. So my husband's office decided to close for the day after christmas in addition to christmas day. He was paid 8 hours of holiday pay for christmas, and they paid him for 8 hours for the closed day. He told them at the time that had the office been open, he would have worked, since he had already had his 2 regular days off that week, and was at that time out of vacation days until the first of the year, and his work reluctantly agreed to pay him for that day. But now, over a month later, his work is now demanding he use pto to cover for that day they closed. This seems very shady
  8. 4 Months ago, my 22 year old daughter got really sad (Bi-Polar), cut up her wrists and swallowed a bottle of pills. She was rushed to the Hospital, Baker Acted, stomach pumped and was moved to JFK in North West Palm Beach. She has good insurance. They diagnosed her as Bi-Polar and gave her meds to last until her first appointment with New Horizons in Fort Pierce in a couple of weeks. She was doing just fine on the meds. She went to the first appointment and they only had a counselor who could not prescribe her meds. She would have to wait another month. She missed that appointment having to reschedule the next month because they said they could not fit her in until then. The 3rd month's appointment they called and cancelled the day before. Yesterday 11/17/2016 she was suppose to be there but got depressed, consumed a bunch of alcohol and an entire bottle of benadryl. We found in her room she was self-medicating with all kinds of different items. She was Baker-Acted again when a friend drove her to the hospital. Now she sits at University Pavilion in Broward County wanting to die. Do I have any legal action? I'm tired of my daughter having this mental pain wanting to die.
  9. A Florida city purchased a lot in a commercial subdivision under eminent domain. The lost was subject to CC&R. Does the city have the right to ignore the CC&R and decline to pay association fees?
  10. I'm interested in making a generic cart part for an older car model. I'd like to ascertain that the patent has expired for that product, how can I find that out?
  11. Hello, Last month a lightening strike caused my neighbors large oak tree to split in half. A majority of the tree fell on their roof and property. My siding was damaged and I was left with about 1/4 of the tree on my property line. Since falling, the neighbors have moved out (they still own the home) and have made no effort to remove to tree. Additionally, we found out they recently stopped paying for homeowners insurance, so it appears they have no funds to remove the tree. We were able to remove most of the tree on our property line with the exception of two large limbs that dig into the ground on our side. The tree is supported by these two limbs. My hesitation in removing is that it will shift the tree weight and cause further damage to their house. However, the city left a notice at both of our houses today claiming negligence. So, now I want any remove of the tree off of my property. Am I able to legally remove what is on my side even if it causes more damage to their house (state of FL)? I would like to rectify this situation ASAP without having to face consequences from the city or involve a legal battle with my negligent neighbor. Thank you for your opinions!
  12. Today I was rear ended by this guy who was clearly going for a joy ride in a beautiful Friday afternoon . The cars ahead of me were stopping suddenly and the car directly in front of me was following too close the other cars. I saw the whole thing and break with plenty of time and space (apprx a car's length) . As I looked at the review mirror, The Jeep behind me didn't look to be slowing down and all of the sudden he realized all the cars were at a stop . He slammed on his breaks attempting to stop on time as I hopelessly looked into my review mirror knowing he was no going to stop on time and I was going to be hit. Sure thing, as he tried to break and hard as possible and even tried to avoid hitting me by swerving to his left to avoid me , the speed at which he was driving and how close to me he was before he realized he had to stop, didn't give him a chance to avoid me or stop on time . I was so shaken , this being the 1st accident I've been in . Within 2-3 min fire rescue was there, before I could call 911 they told me they call the police already. Apparently The driver is a licensed fire paramedic, and they knew him. The state trooper was there 5 min after. He went and talked to the guy, shook hands and chatted for about 15 min before coming to me and asking me for my paperwork . They clearly knew each other (maybe from working on the field of - paramedic) I provided him my info and he went back to talk to the guy . After about 10 min he came back asked me what happened and I explained to the officer , just like I just did here . He replied to give him a min . Went back to the guy spoke to him for a few more minutes and came back to me and said that the other driver was giving conflicting statements , stating that I was changing lanes and cut hin off and slammed on my breaks just to have him hit my car . REALLY ? Then the trooper proceeded to say that he could not ticket the other driver because our versions of what happens were different and there were no witnesses . Like the evidence doesn't speak loud and clear and anyone can clearly see my car hit on the rear bumper , mostly on the left side of the bumper were he tried to avoid hitting me but ultimately fail . Not only that , but in FL a rear end collision will virtually always be the fault of the driver who hit the car in the front . So , this trooper didn't ticket his buddy , he obviously knew and told me to let the insurances deal with it . ! Has anyone ever seen of this or come across such thing ? I'm baffled . Since when troopers are not able to determine who's at fault in a fender bender where the back bumper of one car is damaged and the other car that hit has no damage thanks to the big custom bars and tires the Jeep has ? Witnesses ? What more fugan the evidence and the LAW? ! Any suggestions ? What is the law in cases like this ? Please help ! I am attaching a couple of pics of the back of my truck.
  13. Hi, I recently had a eviction filed against me with my current leasing office, where I am residing. All monies owed was paid, resulting in the case being dismissed and no further action was taken. Since, I have noticed that this has been placed on my rental history report, as filed and no action taken. My question, is how do I go about getting this removed from my rental history and credit report since this matter has been taken care of without having to proceed with any filing of an actual eviction? I have been informed by the court clerk, this is will report as a "dismissal" and no action taken. As I have plans to move in the near future, I feel that this will have a great negative impact on obtaining a approval for future rental property or home loan. Please help.
  14. Hello, i am having some difficulties with my ex. To start we were never married. I am a US resident and her and our daughters are US citizens. Our 4 year old child is now living with the mother since i am out of the country. I still work for a company in Florida (online), still pay bills in US, but am more time in out of the country. I am two months away and one month in Miami. We separated with the mother of the child two years ago, we all decided to go back to our country with our daughters but each one to their own city. We arranged an amount of money that i will pass, the days i will visit and so on. Everything was fine until she decided to go back to Miami for 6 months to study. She went back so did i, it was very difficult because we had no more apartment and needed all again just for 6 months. Those 6 months the child lived with me and the mother was free to study work and go out with her friends. After 6 months she said i will need another 2 months, i waited another two months and then she said i will stay maybe another 6 months. I need to come flight out of the country to continue my job and was also having medical attention since i needed several surgeries. I offer the mother that since she is busy i can go out of town with our daughter and she can finish her stuff and then go back to Argentina. Of course she did not allow me to take the child, we had a very rought time, lot's of fights. Until i decided to go back and continue my work, so i did that and until today i am going staying for a month and then two months out. We arrange verbally an amount of money that i will pass and agree to that. Since i left she has made my life very difficult. Denying me to see the child over the phone, to talk with her, each time i talked she will put music, TV all to make it difficult. She is constanlty going out to parties living the child late with friends so she can go out, writing my brother at 4am to see if he can watch the child so she can go out (meaning waking up the child, taking her to my brothers house to go party)... This happens every weekend. She never tells me where the child is, she is constantly lying. Now she is telling me that if i don't delete a specific person on facebook she will not let me see the child, so she blocked me from all possible ways of communication i may have. Am very worry she is much older than me (she 41 me 28). I have a decent job, a decent home in my country, a vehicle in Miami, pay my taxes every year, still have a US phone (tmobile), bills that i pay, medical insurance, etc. I do not know what to do. She never allows me to bring the daughter to my home for few days or week, she is constantly trying to manipulate where i can stay and where not when i go visit, if she is not in the mood she will not let me take her to sleep if she is or wants to party she will not care. Everything is i do this if you give me that and so on... She is always saying that the money i give and what i do it's not enough, so she gets very angry and is very violent verbally. I will like either to have the child with me (which i consider is for the best interest of the child as i feel much more stable than her). she stills lives with her roomate which works on parties and her whole life is the party, so it's not a good place for our daughter to be). If i cannot have the custody i will like to set a child support amount that we all agree and that she will not complain any more, that i commit to that she will commit to not leave our child any where, not go party all the time, allow me to call her once a day, allow me to visit her and bring her to my home). The mother keeps saying that when she is finish she will go back to her home in Argentina (as we agree when we separated) but it;s been over a year and she has not left Miami. If someone can give me an advice on what i should do. I will highly appreciate it. Forget to mention that at the same time i don't want to lose my US residency or the chance to be a US citizen which they denied to me because they said i did not had proof of child support. But i have always given a lot to the mother and have proof of that... What can i do with this as well? Thank you
  15. Me and my pregnant fiancé live in a one bedroom apartment and about three months ago we noticed there is a mildewy odor. after a while we started noticing mold on our clothing that was stored near the ground in our dresser. We reached out to our landlord and she did nothing but send us a dehumidifier. We explained that this did not solve the problem that this in fact just covered the problem. This has been going on for 3 months now and my fiancee is having breathing issues and is constantly coughing and wheezing. At this point we are breaking our lease and moving which is costing us $6000 to do so. this also means we are breaking our lease which was poorly written and there is no penalty to us in doing so. We are thinking about suing our landlord for moving fees and for health damages.What do you recommend. (we have proof of everything)
  16. My mechanic has no lien or grounds for a lien as no work was performed and we had no contract verbal or written, but he won't return my car unless I pay $400 in storage fees. My car is immobile and was in his possession for an estimate. It was stored on his property for about 1 week and then stored across the street on public property by railroad tracks for about 5 weeks. We have no contract written or oral and no work was performed. When I contacted him recently to tow my car back was when he attempted to charge the fees and would not return my car, but he has not filed a lien. (It stayed on his property because it may have been repaired or traded to him fro another vehicle which he had for sale) Is this extortion? Can I/should file a criminal complaint for theft/extortion in order to get my car back or what is the best way to proceed? When he brought up the fee amount, and I explained that I saw my car on public property for 5 weeks he verbally exploded and we hung up. He also moved his shop and my car without notice. It's my understanding that in Florida a lien can only be filed for work and services performed, and under verbal or written contract. And storage cannot be charged until after notice of lien is filed? Is the above true and if so should I try and politely point that out to him in a letter first? Seeking resolution options that don't involve feeling like I've been robbed or extorted. I need the vehicle for some trade in value, and it's in excellent condition with new tires, new paint, new engine,(which I recently paid for) and I'm sure any mechanic would love to get their hands on it for a quick fix and flip. Thank You.
  17. My father was dismissed by his pain management doctor after having a false negative on a urine analysis. Now, other doctors are refusing to take him on as a patient because of the UA report on his medical records. However, he has proof that he actually took his medication as directed, which would invalidate the UA, but his original doctor refuses to allow to him to even request an amendment to his records. His condition is chronic and debilitating, so it's imperative that he resolves this as soon as possible. How can he do that?
  18. I worked for an IT company as Operations Manager for 7 months. During this time, I started helping some of our customers with software development and database work. The IT company did not previously offer these services so the customers were very happy. I've left the job and have started my own software development company. While at the IT company, I signed a non-compete that stated I could not contact any current customers of the IT company. My question is: Since the software development and database work is NOT something the IT company advertises or sells, what would be the impact in court should the IT company pursue the non-compete?
  19. My father passed 5 months ago after being ill for the last few years. There are 3 adult children and no spouse. Two of the children had been estranged on and off throughout the years. However, Dad was always there to help them with financial issues by lending/giving them money. He kept records of this or I wouldn't know the depth of it. I was only concerned by this in recent years when I knew he was on a fixed income and living off of his social security (in his 80s). Our relationship has always been good and he placed a lot of faith in me. I was his health care surrogate, POA, and executor of his will. He had made his will out about 7 years ago. I had a copy and was aware of the original's location. The will was to all three children and to divide in equal portions. Dad would've allocated more to me, and had expressed he would but I declined. I felt equal would be best for the sake of peace in the family. We had decided to file summary administration since it was well under the requirement. I had been informing both siblings of the status and documents were sent by the attorney I hired. My brother-in-law had sent me an email demanding several pieces of information be forwarded to him. I replied by telling him the attorney would take care of it. I have to admit it had me upset since I was spending a lot of time and money paying bills out of my own pocket (cremation, attorney, and all the household upkeep) while managing things from several states away. I am keeping good records of all expenditures and have never removed anything from the estate assets. The house sits "as is". To date, I have paid out about $4,000 of my own money. Neither sibling was willing to assist, but I didn't expect it. Recently, I found out that the brother-in-law sent a letter to the court clerk (posing as my sister). He says that he and my sister were at hospice three days prior to my father's death. He claims he made a video of my father stating they could take whatever they wanted from my father's home during their visit. In addition, that my father wanted the brother-in-law to handle his finances and the estate when he died. He also stated in this letter that they believe I destroyed a second will and I am mishandling the estate process - which is untrue and defamatory. First, my father has suffered a stroke and was mentally impaired. Second, my father was on very strong medications. Third, my father had not seen this sister in over eight years. He had never met the brother-in-law before. My sister had just recently married him. Fourth, I have been diligently and professionally handling the estate ensuring the house is maintained. Question: It appears to me that they were attempting to make a video deathbed will. I believe my father was uncooperative (I know him well). My sibling would not have even known of his condition had I not contacted her. I understand that deathbed wills are not recognized in Florida, so that does not concern me. What concerns me is that they were attempting to coerce my father while in his most vulnerable moment. They also went to his residence and removed several items in the days prior to his passing. I am technically not even the executor since we filed under summary administration. I think this might be a good thing, but not sure. There is about 20K in funds, 40K in real estate, and 3K in personal assets involved (divided 3 ways). It seems ridiculous to fight over this. I wish the attorney was more aggressive in addressing these things (and communicating), but he has been very slow and uninformative. He's been paid upfront and I'm willing to pay for his additional time. I would hire another attorney, but I am afraid it will be no different. Attorney says he can begin closing the estate now. Will the court give any weight to their unsubstantiated allegations or is this kind of thing typical nonsense? Can I pursue legal action against them for attempted fraud using the video as evidence if we can get the brother-in-law to produce it?
  20. A friend & business owner is undergoing cancer treatments. Can her friends pitch in and work in her Florida business without pay when she is unable to work?
  21. Can a county sheriff cite a conditional release act fl state statute, 947.1405, on a federal probationer who is on supervised release, even if the Florida Commission of Offender Review said he is not on any type of supervised probation through the state of Florida ? FDLE did not cite that statute but the county sheriff does. I am on Federal Probation so I don't understand when I am not on Conditional Release with the state of Florida.
  22. In October of 2015 I contacted D**** regarding a collection account on my credit report in the amount of $88. I advised that I have never had D**** services. I requested the date of the service, when the service was established and the address the service was installed. The representative was extremely rude to me and hung up on me. When I checked my report again a few months later, it was no longer on my report. Several months ago I received a notice from D**** collections requesting payment for half of the amount for settlement. When I contacted DISH they again advised me that I owed the amount and would not give me any information on the account. If I owe the money, I owe the money. However, I have never had an account with D**** network. I filed a complaint with the Attorney General's office which was forwarded to D**** network. A Dispute Resolution Specialist named CB contacted me and advised me that I would need to file a police report along with fill out a Identity Theft Affidavit which I understood would be sent to me. I asked him for the same information for which he would not give to me I never received the packet. Several weeks later I received another call from D**** from another representative GS. She was not aware that I had already spoken with CB. She advised that I would receive a package that would need to be completed and sent back. Today I received this package indicating that I need to contact the FTC to obtain an ID Theft Affidavit. In addition, I will need to contact the three major credit bureaus to place a fraud alert on my credit file. Then I a required to send the signed FTC affidavit and any other supporting documentation to D**** Network Identity Theft Team. In the meantime this collection is back on my credit reports. I have never been late on a payment and now this! I thought there were laws in place for this type of situation. Why do I need to prove this is not my account, spend time proving such???? I can't even get information from D**** as to what address it is showing and when the debt occurred and any additional information that could possibly resolve this matter. This is frustrating. Do I have any rights?
  23. Hello. I need advice on how to handle my child support case against my ex and see what further steps I need to take. My ex and I have 1 child together and he was ordered to pay child support of a total of $927 per month. He is currently in arrears of $55K. He paid about 3 months of child support this year and then stopped again. He also a 100% Veteran and gets $1700 per month in BAH for going to school through his GI Bill. The FL Department of Revenue just told me today that they are unable to garnish his VA benefits. What can I do at this point to enforce the child support order? I will be filing a contempt order for the child support today. I asked the judge if he is found in contempt to grant incarceration or a purge. Anything else I can do?