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  • Q
    I fractured my elbow when I tripped on a stone on the driveway in my condo
    Landlord and Tenant Law  |  Nov 4th, 2015
    Mark Tischhauser   generally no, unless the condo association has on obligation to maintain your driveway or they did something negligent to cause the stone to be there.
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    I fractured my elbow when I tripped on a stone on the driveway in my condo
    More details to this question:Is the condo liable for damages?
    Answer
    Answered by Mark Tischhauser

    generally no, unless the condo association has on obligation to maintain your driveway or they did something negligent to cause the stone to be there.

  • Q
    Owner of mobile home park telling people he an I slept with me
    Libel, Slander and Defamation  |  Nov 4th, 2015
    Mark Tischhauser   This can certainly qualify as slander. The bigger issue is are you willing to spend thousands of dollars on legal fees using the courts to resolve such an issue? if not, then you'll need to find some other means of resolving this issue. 
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    Owner of mobile home park telling people he an I slept with me
    More details to this question:Slander..the owner of park where I live said we was sleeping together.. Now people look down at me.
    Answer
    Answered by Mark Tischhauser

    This can certainly qualify as slander. The bigger issue is are you willing to spend thousands of dollars on legal fees using the courts to resolve such an issue? if not, then you'll need to find some other means of resolving this issue. 

  • Q
    The dealer raised my loan percentage. I signed the contract. I am waiting for the bank to call ask me if I am satisfied with it. Can I tell them no.
    Consumer Fraud  |  Nov 4th, 2015
    Mark Tischhauser   This is not the way to handle such issues. You need to address any error or change in the contract rate immediately and likley with a lawyer to make sure you make the proper decisions. 
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    The dealer raised my loan percentage. I signed the contract. I am waiting for the bank to call ask me if I am satisfied with it. Can I tell them no.
    More details to this question:What will the dealers option be after I do that
    Answer
    Answered by Mark Tischhauser

    This is not the way to handle such issues. You need to address any error or change in the contract rate immediately and likley with a lawyer to make sure you make the proper decisions. 

  • Q
    I'm an 21 year old girl living with my dad, how do I go about suing him for abuse?
    Civil Litigation  |  Nov 3rd, 2015
    Mark Tischhauser   I am confused. First if you are  21 and living with anyone thats abusive, you leave. Beyond that, you are likely looking at hiring a lawyer out of pocket to prosecute a civil case for such a thing. I f you have the resources, then you need to hire a lawyer ASAP to address that issue. 
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    I'm an 21 year old girl living with my dad, how do I go about suing him for abuse?
    More details to this question:I'm 21 year old girl living with my dad, how do I go about suing him for abuse.
    Answer
    Answered by Mark Tischhauser

    I am confused. First if you are  21 and living with anyone thats abusive, you leave. Beyond that, you are likely looking at hiring a lawyer out of pocket to prosecute a civil case for such a thing. I f you have the resources, then you need to hire a lawyer ASAP to address that issue. 

  • Q
    I what time frame after signing can a contract be modified?
    Contracts  |  Nov 3rd, 2015
    Mark Tischhauser   NOne. A contract once signed is the deal unless the agreement itself allows amendment and then only under the terms provided. 
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    I what time frame after signing can a contract be modified?
    Answer
    Answered by Mark Tischhauser

    NOne. A contract once signed is the deal unless the agreement itself allows amendment and then only under the terms provided. 

  • Q
    Slander?
    Animal Law  |  Nov 3rd, 2015
    Mark Tischhauser   Actually, it IS her business if your cat is peeing anywhere in the property, as you rent the property and don't own it. Its sounds like there is more to this than just the cat peeing issue and you need to be very cautious as a tenant to avoid this escalating into a controversy that leads to an evict...
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    Slander?
    More details to this question:My apartment manager is constantly saying my cat is peeing on the apt. rug, it isn't her, she has and uses the litter box& goes outside also . IShe (manager) told a man that is working out here that my cat is peeing !It's none of his business! Is there anything that could be done? Is there a way to be anonymous until and if something can be done?
    Answer
    Answered by Mark Tischhauser

    Actually, it IS her business if your cat is peeing anywhere in the property, as you rent the property and don't own it. Its sounds like there is more to this than just the cat peeing issue and you need to be very cautious as a tenant to avoid this escalating into a controversy that leads to an eviction action or litigation. 

  • Q
    How can your wages be garnishment without any notice
    Collections  |  Nov 3rd, 2015
    Mark Tischhauser   Noone gets notice of garnishment before it happens for obvious reason. Once the writ is served you get the opportunity to raise exemptions or defenses. The bigger issue is that it appears you have some judgment against you that you need to contend with. 
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    How can your wages be garnishment without any notice
    More details to this question:I work at Lowes and it got a email from work stating that my wages are being garnishment I don't know what It about I never received any information sent to me personally from the person garnishing the wages at o All only find out from lowes and even ythe information doesn't tell what it's for or the amount.?.?....
    Answer
    Answered by Mark Tischhauser

    Noone gets notice of garnishment before it happens for obvious reason. Once the writ is served you get the opportunity to raise exemptions or defenses. The bigger issue is that it appears you have some judgment against you that you need to contend with. 

  • Q
    Must I return merchandise to a merchant after winning a dispute with credit card deemed unsafe to use?
    Consumer Law  |  Nov 3rd, 2015
    Mark Tischhauser   No. You dont get to keep what you dont pay for. They get thier sofa back. 
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    Must I return merchandise to a merchant after winning a dispute with credit card deemed unsafe to use?
    More details to this question:I have won a dispute through my credit card for the amount of approx. $3800 for a sectional sofa that is unsafe to use. The merchant refused to take back the sofa when I first complained upon delivery to my home. Now that I have received payment they wish to collect the sofa. The credit card company explained to me that I am under no obligation to return the sofa to the merchant. Do I have the right to keep it?
    Answer
    Answered by Mark Tischhauser

    No. You dont get to keep what you dont pay for. They get thier sofa back. 

  • Q
    Was accused by tumblr of posting an underage image.
    Libel, Slander and Defamation  |  Nov 3rd, 2015
    Mark Tischhauser   You simply need to retain a lawyer to do this. Cost typically ranges anywhere from 150.00-750.00 depending on the detail of the letter you seek. I suspect you are wasting your money however. 
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    Was accused by tumblr of posting an underage image.
    More details to this question:Me and my boyfriend ran a few blogs, all of adult nature, on tumblr. Tumblr allows adult oriented material as long as you declare your blog(s) as such. Been doing it for over 2 years with over 150k followers. I decided to start another blog that only focused on amateur adult photos. Like all tumblr users, we get our material from other internet based adult sites. As I always do, I found my material on other mainstream adult sites. So I posted a few amateur pics that I found on other sites and from other tumblr users and all of my blogs automatically were deleted. After asking over and over why, a few months later, they tell me they were deleted because I posted underage material. I asked for them to produce this material and they did not. Every post I have posted has been over the age of 18. Can I get someone to draft a letter asking tumblr to apologize for slandering me? That's all I want. I don't want to sue them. If that can be done, how much would it cost me. Thank You. Amy Adams
    Answer
    Answered by Mark Tischhauser

    You simply need to retain a lawyer to do this. Cost typically ranges anywhere from 150.00-750.00 depending on the detail of the letter you seek. I suspect you are wasting your money however. 

  • Q
    Can a company with open WIFI be held responsible for its misuse?
    Civil Litigation  |  Nov 3rd, 2015
    Mark Tischhauser   Not likely. Typically noone is responsible for the criminal acts of third parties. 
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    Can a company with open WIFI be held responsible for its misuse?
    More details to this question:I am wondering if a company who operates an "open" wi-fi hotspot could be held responsible for its misuse? My next door neighbor is being arrested with a lewd and lascivious charge for victimizing my innocent 5 year old daughter. Panera Bread enabled this pedophile to access pornography over their WIFI from his nearby home. He then went on to show my little girl these disturbing pictures and videos. This scumbag continued to go on to masturbate in front of her. My daughter is now traumatized and in counseling. This creep had told another neighbor that Panera blocks a lot of porn sites but not all. My daughter drew many images of the porn she was shown on his computer through the WIFI. These images were all turned over to detectives. One image she said was of naked children and the pedophile said to her "Oh, so that's what (daughters name) looks like, that part of her." Thank you for your time.
    Answer
    Answered by Mark Tischhauser

    Not likely. Typically noone is responsible for the criminal acts of third parties. 

  • Q
    Truck sold after impoundment 30 days I still have the title
    Civil Litigation  |  Nov 3rd, 2015
    Mark Tischhauser   You will need to find a lawyer that deals with felony forfeiture issues. 
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    truck sold after impoundment 30 days I still have the title
    More details to this question:I was arrested and they would not release it to anyone including my mom and daughter without power attorney by the time I got POT they sold it will not release plate or paper work to me truck was blue booked @ $15000 please help
    Answer
    Answered by Mark Tischhauser

    You will need to find a lawyer that deals with felony forfeiture issues. 

  • Q
    Ins co is denying additional repairs
    Insurance  |  Nov 3rd, 2015
    Mark Tischhauser   Yes, while your medical condition is unfortunate, its is not the insurance carriers responsibility and complaints about a repair 1 year after the fact is certainly an issue. You may have to decide whether you want to spend the money to hire a lawyer to challenge thier claim denial. 
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    Ins co is denying additional repairs
    More details to this question:I had an accident 1 year ago. I'm a cancer patient as well as many other health conditions. Due to my health I wasn't able to take car in for repairs til now. After the appraiser made her report, I began experiencing malfunctions with the car. I reported the additional problems to the body shop but the insurance company is refusing to approve the repairs because I used the car for 1 year. Can they do this?
    Answer
    Answered by Mark Tischhauser

    Yes, while your medical condition is unfortunate, its is not the insurance carriers responsibility and complaints about a repair 1 year after the fact is certainly an issue. You may have to decide whether you want to spend the money to hire a lawyer to challenge thier claim denial. 

  • Q
    Car extend warranty
    Consumer Law  |  Nov 3rd, 2015
    Mark Tischhauser   Ths sounds like the issue lies with the warranty company. You will need to hire a lawyer to address whether the problem is covered under warranty or not. 
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    car extend warranty
    More details to this question:we bought a used car from private person and we bought a extend warranty for our track ,two month later our track start make noise and we send to Nissan dealer ,then we filed a claim to the warranty company and they automatic said it's pre-existing without checking it.now i m siting with $5000 worth fix and already spend about 500 dollars on rental that supposed be covered by them and $700 to let nissan take the track aparts ,now the track is siting we don't even have a track to drive.
    Answer
    Answered by Mark Tischhauser

    Ths sounds like the issue lies with the warranty company. You will need to hire a lawyer to address whether the problem is covered under warranty or not. 

  • Q
    The president of my condo recently referred to me as a dictator in an email.
    Civil Litigation  |  Nov 3rd, 2015
    Mark Tischhauser   This is not likely to qualify as defamation. However it is clear that there is a great deal of discordance with you and the association president so you would be well advised to retain legal counsel to address these issues before the escalate out of hand. 
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    The president of my condo recently referred to me as a dictator in an email.
    More details to this question:I feel being called a dictator is defamation of character. Is this a cause to go into court. FYI I have been on the board for 6 years and my goal is that i strive for equality for all unit owners.
    Answer
    Answered by Mark Tischhauser

    This is not likely to qualify as defamation. However it is clear that there is a great deal of discordance with you and the association president so you would be well advised to retain legal counsel to address these issues before the escalate out of hand. 

  • Q
    Do you think a man can kill himself with a longrifle and shoot himself in the left teme when he. Was. Right hand
    Wrongful Death  |  Nov 3rd, 2015
    Mark Tischhauser   Is there a question here?
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    Do you think a man can kill himself with a longrifle and shoot himself in the left teme when he. Was. Right hand
    More details to this question:Autopsy report reveals murder
    Answer
    Answered by Mark Tischhauser

    Is there a question here?

  • Q
    What can I do if my landlord told me that she told my roommate to throw my a bunch of things away?
    Landlord and Tenant Law  |  Nov 3rd, 2015
    Mark Tischhauser   The question posed simply makes no sense. Regardless, if your room mate thrw your things away, thats between you and your roommate. 
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    What can I do if my landlord told me that she told my roommate to throw my a bunch of things away?
    More details to this question:What can I do if my landlord told me that she told my roommate to throw my a bunch of things away because 'it is absurd that we would want to have our property when moving to the next place'?
    Answer
    Answered by Mark Tischhauser

    The question posed simply makes no sense. Regardless, if your room mate thrw your things away, thats between you and your roommate. 

  • Q
    What are the obligations of a landlord to the tenants of a house rented month to month?
    Landlord and Tenant Law  |  Nov 3rd, 2015
    Mark Tischhauser   This is all subject to the terms of the Fla. Stat. 83 and the terms of the lease agreement. 
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    What are the obligations of a landlord to the tenants of a house rented month to month?
    More details to this question:I would to know both in general, and with respect to the following: 1. pest control 2. fixing a leak in the roof 3. patching holes in the house that can easily be seen through straight to the outside, allowing insects and whatever else easy access 4. electric repairs (we lost electricity to two rooms somehow) 5. lawnmowing 6. mold (she had a guy come over and tape and paint over a square foot by 2-3 inch protruding lump of white fungus on the ceiling) Thank you.
    Answer
    Answered by Mark Tischhauser

    This is all subject to the terms of the Fla. Stat. 83 and the terms of the lease agreement. 

  • Q
    If one of my roommates is on a near daily basis doing the things he and all other roommates agreed to not do, what can we do?
    Landlord and Tenant Law  |  Nov 3rd, 2015
    Mark Tischhauser   Nothing. They are roomates so as co-tenants, absent some other formal and enforceable agreement,  you dont have anything to do about what you described. 
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    If one of my roommates is on a near daily basis doing the things he and all other roommates agreed to not do, what can we do?
    More details to this question:Thank you.
    Answer
    Answered by Mark Tischhauser

    Nothing. They are roomates so as co-tenants, absent some other formal and enforceable agreement,  you dont have anything to do about what you described. 

  • Q
    I loned a guy 23,500 he said he would pay me back i have all the emails to prove it what can i do?
    Collections  |  Nov 3rd, 2015
    Mark Tischhauser   If he wpnt pay you back as agreed you will likely have to hire a lwyer at your expense to sue him over it. 
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    i loned a guy 23,500 he said he would pay me back i have all the emails to prove it what can i do?
    Answer
    Answered by Mark Tischhauser

    If he wpnt pay you back as agreed you will likely have to hire a lwyer at your expense to sue him over it. 

  • Q
    Can my landlord do this?
    Landlord and Tenant Law  |  Nov 3rd, 2015
    Mark Tischhauser   No. and you may be entitled to 3 months rent as damages under Fla. Stat. 83.67. You need to hire a lawyer to address this ASAP.
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    Can my landlord do this?
    More details to this question:Landlord turned off our water for nonpayment of rent. 2 weeks later we get eviction notice. What can we do? Need help asap!
    Answer
    Answered by Mark Tischhauser

    No. and you may be entitled to 3 months rent as damages under Fla. Stat. 83.67. You need to hire a lawyer to address this ASAP.

  • Q
    What info should a renter provide to board if the condo owner is renting on his own
    Landlord and Tenant Law  |  Nov 3rd, 2015
    Mark Tischhauser   Condo associations often have a great deal of say over the rental of condo units. This is all set out in the condo rules restrictions. 
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    What info should a renter provide to board if the condo owner is renting on his own
    More details to this question:Our condo board seems to think that they can regulate our renters even though they don't handle the rentals. The board has asked for a copy of the lease plus SS#'s, plus Drivers license #'s. And other personal info beyond the necessary info.
    Answer
    Answered by Mark Tischhauser

    Condo associations often have a great deal of say over the rental of condo units. This is all set out in the condo rules restrictions. 

  • Q
    Regarding incomplete Scuba Classes: Should we request a full refund in the form of a demand letter?
    Breach of Contract  |  Nov 3rd, 2015
    Mark Tischhauser   You can clearly send a demand letter requesting a refund. The bigger issue is why did this drag on for 2 years? Such classes are typically several weeks long courses. In the future do not wait so long to address this type of issue with an attorney. 
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    Regarding incomplete Scuba Classes: Should we request a full refund in the form of a demand letter?
    More details to this question:We prepaid for Dive Certification Classes. We received classroom sessions and pool education and 2 years later we are waiting for the final open water dive trips to complete the course. For over a year we tried calling and visiting the shop to schedule & were told one excuse after another. At no time did this Dive company make any attempt to contact us to continue the class. We come to find out from the PADI Scuba Association, that if it is past a year then we have to start over. This is a serious life risking activity and we are not comfortable with any future open ended promises for risky dive trips nor to put our lives in the hands of such an unprofessional company especially after we request a refund from them. Should we request a full refund in the form of a demand letter?
    Answer
    Answered by Mark Tischhauser

    You can clearly send a demand letter requesting a refund. The bigger issue is why did this drag on for 2 years? Such classes are typically several weeks long courses. In the future do not wait so long to address this type of issue with an attorney. 

  • Q
    Auto agent didn't do his due diligence by not changing my request to from excluded driver to included, accident occurred, claim not cover whats rights
    Insurance  |  Nov 3rd, 2015
    Mark Tischhauser   This is not  "due dilgence" issue so much as a "errors and omissions" type claim. YOu will have to prove that you instructed the agent to add your son and that he didnt timely do so. Its not clear from the facts about whether this can be supported especially when indicated you could not afford ...
    x
    Auto agent didn't do his due diligence by not changing my request to from excluded driver to included, accident occurred, claim not cover whats rights
    More details to this question:An excluded driver on policy was to be changed/added as an included driver, agent didnt do his diligence, accident occurred, claim not cover, what are our rights. Requested agent to add my son on to policy as a new driver. He indicated that my husband now deceased had added my son was on the policy. My son was in process of taking his road test. Could now afford to include him on the policy. The policy was paid in full in March until September 2015 by my husband. I asked the agent to verify his findings cause my husband said he didn't add him on that he did an estimate, he couldn't afford it; If he did it, great, please give me copy. He printed it out and gave me a copy. My son was able to take his test in April 2015. An accident occurred in July 27 and called insurance company and realized that he didn't do his due diligence as my agent nor verified, added or made requested changes. Unfortunately, proof of the copy disapaired.This was 2015 Chevy Trac that was finance w/o the auto dealership verifying proof of insurance.Contract was done with good intention bad faith. Car not being cover. Need help for both issues. Payin for car that down
    Answer
    Answered by Mark Tischhauser

    This is not  "due dilgence" issue so much as a "errors and omissions" type claim. YOu will have to prove that you instructed the agent to add your son and that he didnt timely do so. Its not clear from the facts about whether this can be supported especially when indicated you could not afford to add him. YOu will need to retain an insurance lawyer to address this type of issue. 

  • Q
    My ex tenant moved into brand new condo and left very dirty walls and carpet,so I need to paint and clean for new tenant.Can I keep security deposit
    Landlord and Tenant Law  |  Nov 3rd, 2015
    Mark Tischhauser   You would be wise to retain a lawyer immediately as it sounds like you dont know what you are doing as a landlord and may well have run afoul of the failure to send proper notice issues of Fla. Stat. 83.49.
    x
    my ex tenant moved into brand new condo and left very dirty walls and carpet,so I need to paint and clean for new tenant.Can I keep security deposit
    More details to this question:So,my tenant left very dirty walls and carpet when hi moved.I ask him if he want to paint and clean himself.He declined and told that this is "wear and tear".But I couldn't rent my condo to another tenant in such condition.So I did repairing.After repair I sent invoices and check with rest of deposit to him,but he hired a lawyer and demands 3 time more then deposit amount. Should I refund him all deposit before repair and pay from my own pocket? Buy the way he always paid me 2 weeks later ,but I never charged him late fee.
    Answer
    Answered by Mark Tischhauser

    You would be wise to retain a lawyer immediately as it sounds like you dont know what you are doing as a landlord and may well have run afoul of the failure to send proper notice issues of Fla. Stat. 83.49.

  • Q
    Can I sue over a failure to disclose salvaged in title in private car sale? Or can I get my car back if the Transfer of Title was not fully signed?
    Consumer Law  |  Nov 3rd, 2015
    Mark Tischhauser   Its possible, the question is whether its cost effective depending on the value of the vehicles involved. Generally, the least expensive way to deal with this is to report it to the State Attorney's office as typically the facts you describe may have criminal implications. I also recall that there m...
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    Can I sue over a failure to disclose salvaged in title in private car sale? Or can I get my car back if the Transfer of Title was not fully signed?
    More details to this question:I just listed my car for sale on craigslist. Someone offered me a trade for his truck plus cash, however, I learned after he left my house that his truck had a salvaged title. He never disclosed verbally or in writing that his car had a salvaged title, which as I understand, is required as part of FL statute 319.14. When he offered me his vehicle plus cash and I told him my intention was to take his trade and try to sell it to cover the difference of my original listing price, fully thinking that his car was clean as he had mentioned. After learning that the vehicle has salvage on the title, and is therefore worth 70% less than I was led to believe, I contacted the seller in hopes of settling privately. In addition, we never finished signing the Transfer of Title By Seller portion of our titles. This part of both titles was left blank and for us to legally register these vehicles and transfer titles, that portion needs to be filled out by the current owner.
    Answer
    Answered by Mark Tischhauser

    Its possible, the question is whether its cost effective depending on the value of the vehicles involved. Generally, the least expensive way to deal with this is to report it to the State Attorney's office as typically the facts you describe may have criminal implications. I also recall that there may be some limitatons as to the applicability for such disclosures such as the age or mileage of the vehicle at issue. Other than that you will have to weigh the expense of hiring a lawyer to handle such an issue to the value of the cars involved. 

  • Q
    Can I sue my apartment complex for maintenance issues taking longer than a week?
    Landlord and Tenant Law  |  Nov 3rd, 2015
    Mark Tischhauser   Possibly. But youd have to comply with Fla. Stat. Chap. 83 in doing so. You should hire a lawyer to do that properly. 
    x
    Can I sue my apartment complex for maintenance issues taking longer than a week?
    Answer
    Answered by Mark Tischhauser

    Possibly. But youd have to comply with Fla. Stat. Chap. 83 in doing so. You should hire a lawyer to do that properly. 

  • Q
    Could I sue the bank
    Debtor and Creditor  |  Aug 18th, 2015
    Mark Tischhauser   Thre are a lot of facts misisng from this as there is no relation to a fake money order being deposited in your accout and the use of an ATM or POS transaction. Those events are all distinct. You may need to hire a lawyer to get more accurate information to assess the issue properly.
    x
    Could I sue the bank
    More details to this question:Been with this bank since 2006, someone committed fraud by depositing a fake money order in my account and was able to withdraw $1000 from ATM and almost $900 from point of sale in another state. Here in the state I am from am only to withdraw up to $500.00 a day. Could I sue the bank for allowing that to happen. They didnt ask if I wanted to press charges, they didnt try to get any information as for as trying to catch him or anything. I want to press charges against him as well.
    Answer
    Answered by Mark Tischhauser

    Thre are a lot of facts misisng from this as there is no relation to a fake money order being deposited in your accout and the use of an ATM or POS transaction. Those events are all distinct. You may need to hire a lawyer to get more accurate information to assess the issue properly.

  • Q
    I need to sue my ex-landlady in small claims court in order to recover my security deposiit
    Landlord and Tenant Law  |  Aug 18th, 2015
    Mark Tischhauser   If you dont know how to name a proper party to a lawsuit, even in small claims, you are wasting your time in court and worse, likely exposing yourself to a worse result. If you need to go to court over the secuirty deposit, you simply need to retain a lawyer to do this or do something other than fil...
    x
    I need to sue my ex-landlady in small claims court in order to recover my security deposiit
    More details to this question:Small Claims Court gives examples of "How not to name a party" but doesn't explain why misnaming a party in a certain way will have your case thrown out of court.My landlady bought the house using her maiden name; however, her current legal name is different than her maiden name. What name do I use for court documents? Can I use " Jane Smith -Jones A.K.A. Jane Smith" in the Small Claims Court documents? (Legal name followed by maiden name , which is what is listed on Property Appraiser's site). What if she used her legal name (Smith-Jones) on the lease even though she owns the house in her maiden name (Smith)? Please tell me exactly what name(s) I have to use in the Small Claims court docments in order to not have my claim thrown out. Thanks.
    Answer
    Answered by Mark Tischhauser

    If you dont know how to name a proper party to a lawsuit, even in small claims, you are wasting your time in court and worse, likely exposing yourself to a worse result. If you need to go to court over the secuirty deposit, you simply need to retain a lawyer to do this or do something other than file a lawsuit. Filing a lawsuit is simply not the answer to every dispute. I tell you this as a tenant/renters lawyer as far too many tenanst find themseleves with several thousands of dollars judgments against them for legal fees picking such legal fights and losing them.

  • Q
    How would I fire my attorney and what fees would I have to lay.
    Automobile Accidents  |  Aug 18th, 2015
    Mark Tischhauser   Sounds like you may have unrealisitic expectations of what injury lawyers do and dont do, and the circumstances of your claim. First, lawyers aren't doctors nor "do boys", they dont go get braces or prescriptions for you, this is a function of your health care providers.Medical braces are provided b...
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    How would I fire my attorney and what fees would I have to lay.
    More details to this question:I hired an attorney for a car accident. Its been month I have spoken to a paralegal 3 time and the only thing she asked was how much insurance coverage I have to maximise fees I told them I needed a $1200 brace to prevent me from having surgery and nothing was done to get it for me the insurance had a check for me for the brace the day I hired the attorney but they stopped dealing with me and I still have not received it even though I made the attorney aware of it. I had to get all the bills they didn't even do that. I feel I'm paying 331/3 of the 25k which was offered to me prior to hiring the attorney for nothing. Ti I wasn't told that I have 3 days to cancel the contract and the investigator they sent wouldn't answer my questions. Then I was contacted over a week later by the paralegal well after time expired to withdraw the contract. This attorney is doing nothing for me except insuring they get paid. I hired them to insure my medical needs were met not to give away 10k free
    Answer
    Answered by Mark Tischhauser

    Sounds like you may have unrealisitic expectations of what injury lawyers do and dont do, and the circumstances of your claim. First, lawyers aren't doctors nor "do boys", they dont go get braces or prescriptions for you, this is a function of your health care providers.Medical braces are provided by healthcare providers and billed to the insurance carrier directly or paid for by you and you get reimbursed (much rarer) Equally, first party insurance carriers (yours) do not stop payment for medical care simply because a lawyer is involved.  Second, you speak of the 25k as if thats the policy limits available. If thats true and was actually "offered", presumably in writing, to you before you hired the lawyer, there was likely little reason to hire the lawyer, since you would be recieving all of the money available, unless you have reason to believe that there is more collectable money available. Finally, lawyers are not tasked with "insuring your medical needs are met" that is the function of your treating phyicians. What lawyers do is help maximize or coordinate the available coverages for that purpose and to secure damage money from the at fault party to allow you to do meet those needs, albiet limited by the availability of such monies and the practical means of obtaining them.

    If you are not happy with your lawyer, you can always fire them and they are entitled to a value based upon the hourly rate for the actual work performed as a general rule. If there is an issue, you should demand to speak to the lawyer and have aheart to heart discussion to ferret out whether the lawyer is not doing his job, you have unreasonable expectations, or a bit of both, before you simply fire them.

  • Q
    What can I do if a pawn shop sells my items before expiration date?
    Consumer Law  |  Aug 18th, 2015
    Mark Tischhauser   You will need to have a lawyer review your paperwork for the terms of the pawn and the details regarding the extension. This is highly regulated business under Fla. Stat. 539.
    x
    What can I do if a pawn shop sells my items before expiration date?
    More details to this question:I got a loan from a pawn shop in June. In July, I payed an extension. Today I went in to pay another extension but found out they sold my jewelry yesterday. They sold it before the expiration date because he didn't keep proper records, which he stated himself. He wants to pay me $200 for it, but my jewels were worth a lot more than that. I live in Florida. What can I do?
    Answer
    Answered by Mark Tischhauser

    You will need to have a lawyer review your paperwork for the terms of the pawn and the details regarding the extension. This is highly regulated business under Fla. Stat. 539.

  • Q
    Can I sue fraud in Florida
    Consumer Fraud  |  Aug 17th, 2015
    Mark Tischhauser   If you bought a 20 year old car "as is" you will have to expect it to require some repairs. Otherwise you should have demanded a warranty. In either event, absent fraud, terms like pristine condition are subjective and you should always have such a car inspected by a mechanic of your choice prior to...
    x
    Can I sue fraud in Florida
    More details to this question:I bought a used 1994 Jaguar in Florida that dealer stated (in print and verbally)the car was in pristine condition, driven by the owner etc.. I did sign an AS Is clause. The salesman stated the air conditioner and convertible top pump were repaired which I found out after the car was purchased were not. The knob for the climate control even fell off when turned (had been glued on). The brakes had a complete failure while driving. I have spent over $5,000 dollars in repairs and expenses
    Answer
    Answered by Mark Tischhauser

    If you bought a 20 year old car "as is" you will have to expect it to require some repairs. Otherwise you should have demanded a warranty. In either event, absent fraud, terms like pristine condition are subjective and you should always have such a car inspected by a mechanic of your choice prior to the purchase.

  • Q
    Can I request to break my lease if I havn't paid any money or moved in yet?
    Landlord and Tenant Law  |  Aug 17th, 2015
    Mark Tischhauser   Unless that was part of the written lease, the answer is generally, no. 
    x
    Can I request to break my lease if I havn't paid any money or moved in yet?
    More details to this question:Before I moved in I asked for a roommate without furniture because I had my own. They transfeered someone to my apartment who has their own furniture and no one wants to get rid of theirs. I ask to be let go from my lease because I have nowhere else to put my stuff.
    Answer
    Answered by Mark Tischhauser

    Unless that was part of the written lease, the answer is generally, no. 

  • Q
    What if they refuse to pick up
    Consumer Law  |  Aug 17th, 2015
    Mark Tischhauser   Generally such agreements require you bring the items back to the store at your expense if you fail to go through with the purchase. If you intend to retun it, you will not be able to expect them to bear the expense of retrieval.
    x
    What if they refuse to pick up
    More details to this question:Me n my husband "have been having financial problems and haf gotten a bed form rent a center n they refuse to puck up a bed more then 6 months old because it looked used and are now trying to foures us to pay for it n we just dont have thr money
    Answer
    Answered by Mark Tischhauser

    Generally such agreements require you bring the items back to the store at your expense if you fail to go through with the purchase. If you intend to retun it, you will not be able to expect them to bear the expense of retrieval.

  • Q
    I live in florida have called more than 10 firms no one is willing to take my case as it is under $50K in recovery and I would like a contigency lawye
    Legal Malpractice  |  Aug 17th, 2015
    Mark Tischhauser   The reason is with a 50K damages as you claim, its not financially viable for a lawyer to take the case on a contingent fee. That wont change, and in fact will be amplified, with you trying to take the case on "pro-se." If you are serious about it, you may just need to hire a lawyer at an hourly rat...
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    I live in florida have called more than 10 firms no one is willing to take my case as it is under $50K in recovery and I would like a contigency lawye
    More details to this question:this is for legal malpractice lawsuit I would like to know what is the legal form I need to fill out for a legal malpractice suit
    Answer
    Answered by Mark Tischhauser

    The reason is with a 50K damages as you claim, its not financially viable for a lawyer to take the case on a contingent fee. That wont change, and in fact will be amplified, with you trying to take the case on "pro-se." If you are serious about it, you may just need to hire a lawyer at an hourly rate/retainer to handle it and maybe seek a mediation.

  • Q
    Received a letter for a court summons for debt collection
    Breach of Contract  |  Aug 17th, 2015
    Mark Tischhauser   What you should know is that absent a lawyer you are playing into the junk debt/zombie debt business model of litigaiton. They rely extensively on people who default or worse think they can self lawyer themselvesin court and usually lose terribly, to get judgments against people. If you being sued, ...
    x
    received a letter for a court summons for debt collection
    More details to this question:there is a company that is taking me to court to collect a debt from at least 10 years ago. I had received a letter from their lawyer about a year ago and replied to it asking them to send me verification that it was my debt. I never heard anything back and then just got a letter for a court date. What should I know going into it?
    Answer
    Answered by Mark Tischhauser

    What you should know is that absent a lawyer you are playing into the junk debt/zombie debt business model of litigaiton. They rely extensively on people who default or worse think they can self lawyer themselvesin court and usually lose terribly, to get judgments against people. If you being sued, and if you don't intend to pay them for whatever reason, you really need to retain alawyer to help you address this from the beginning.

  • Q
    Is it possible to seek damages for loss of a vehicle beyond the market value in small claims court?
    Consumer Law  |  Aug 17th, 2015
    Mark Tischhauser   This is the peril of representing yourself in a legal proceeding. The answer is no, not generally, though there may be other legal arguments that can be made for the damages you describe. If you are serious about using the courts to resolve this dispute you really need to retain a lawyer to address ...
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    Is it possible to seek damages for loss of a vehicle beyond the market value in small claims court?
    More details to this question:I was hit with a "curve ball" by my opponents in a small claims court pre-trial mediation session today. Put simply, I was led to believe that my complaint , and the money I am seeking, would be hard to achieve because of the low value of my old car. I am alleging that the defendants essentially destroyed my car. It was returned with a blown up engine. The car is/was needed for work by my wife. We have had to suffer with only use of my other vehicle. That vehicle has been down for repairs due to the increased mileage, and she has also needed to get rides to work, lost out on overtime hours, etc. Essentially, I am dismayed by this idea that the bad car repair shop can just get away with blowing up my car, because the blue book value is so low. I am asking if the judge will consider the actual value of this vehicle to me, as I have owned it for many years , and maintained it mostly by myself as an amateur mechanic. It will cost me much more than "book value" to actually replace it.
    Answer
    Answered by Mark Tischhauser

    This is the peril of representing yourself in a legal proceeding. The answer is no, not generally, though there may be other legal arguments that can be made for the damages you describe. If you are serious about using the courts to resolve this dispute you really need to retain a lawyer to address these issues.

  • Q
    My son received a letter of admission from the University of Central Florida graduate school.
    Breach of Contract  |  Aug 17th, 2015
    Mark Tischhauser   There is likely more to this story that related, like the details of your son failing the particular exam or not having taken it. You should retain a lawyer to review this matter ASAP or to learn of the details so that good decisions can be made in this regard.
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    My son received a letter of admission from the University of Central Florida graduate school.
    More details to this question:My son received a letter of admission from the University of Central Florida graduate school. The admission letter stated he would receive a cash scholarship, a Graduate Assistantship stipend, and full tuition waivers. He turned down other offers, took a leave of absence after two years of medical school, spent money, entered into a residential lease, and made other plans based on this letter. Now about three weeks before school was to begin he has been notified that everything has been withdrawn because of an exam he needed to have taken and passed. The letter of admission contained no reference to this exam either directly or indirectly. My son now has no school to attend for at least one year and no employment. Because he will not be enrolled in any school he will have to begin repaying student loans he took out for the first two years of medical school. What can he do?
    Answer
    Answered by Mark Tischhauser

    There is likely more to this story that related, like the details of your son failing the particular exam or not having taken it. You should retain a lawyer to review this matter ASAP or to learn of the details so that good decisions can be made in this regard.

  • Q
    Can my landlord serve a non-renewal of lease 2 weeks after new lease agreement was signed & mailed
    Landlord and Tenant Law  |  Aug 17th, 2015
    Mark Tischhauser   In theory yes, but its ordinarily rare unless there have been issues between you already.
    x
    Can my landlord serve a non-renewal of lease 2 weeks after new lease agreement was signed & mailed
    More details to this question:See above
    Answer
    Answered by Mark Tischhauser

    In theory yes, but its ordinarily rare unless there have been issues between you already.

  • Q
    Sent to collections by hospital who didn't even try to collect first
    Collections  |  Aug 17th, 2015
    Mark Tischhauser   This will revolve around whether the bill is a covered charge or out of network. If it was covered and they just failed to submit it, this should be addressed by your insurance carrier and the collection effort may be an illicit "balance billing" case. You may want to contact a lawyer such as our of...
    x
    Sent to collections by hospital who didn't even try to collect first
    More details to this question:Went to the hospital. Received 2 bills and paid in full immediately. Found out that a 3rd bill that I never received was sent to collections 30 days after my visit. The Hospital never submitted the claim through my insurance company. Obviously they had my address. The Collection Agency stated that most people who were submitted by this hospital never got a bill and aren't aware they owe money. How can this hospital be held accountable? They immediately send bills to collections without even trying to collect. 30 days after a visit isn't enough time to send a statement and ask for payment.
    Answer
    Answered by Mark Tischhauser

    This will revolve around whether the bill is a covered charge or out of network. If it was covered and they just failed to submit it, this should be addressed by your insurance carrier and the collection effort may be an illicit "balance billing" case. You may want to contact a lawyer such as our office that handles FCCPA/FDCPA collections cases if that is the case. Otherwise, it is not required that any entity provide you mailed bills for services prior to sending the bills to a collection agency or a billing/collections department for collections.

  • Q
    Hi, I was in a car accident when I was about 7. I was in the car with my grandma, who was driving. We got hit by a minor who was under the influence.
    Collections  |  Jul 21st, 2015
    Mark Tischhauser   Thank you for the information.
    x
    Hi, I was in a car accident when I was about 7. I was in the car with my grandma, who was driving. We got hit by a minor who was under the influence.
    Answer
    Answered by Mark Tischhauser

    Thank you for the information.

  • Q
    A contract security officer touch me for no reason at all
    Civil Litigation  |  Jul 21st, 2015
    Mark Tischhauser   In the context of your question, nothing, other than maybe write a complaint letter to the home office. In addition, not sure what you mean by "touched you".  Next time, use your cell phone to call law enforcement yourself if there is an issue and then go from there.
    x
    A contract security officer touch me for no reason at all
    More details to this question:I told the manager of the store , but he was quickly to tell me that they are contract security, and they don't work for . I asked him to call the police to file a report but he told me that they would not do anything for me. he did not take any information from me to start a report. I need to know what I can do.
    Answer
    Answered by Mark Tischhauser

    In the context of your question, nothing, other than maybe write a complaint letter to the home office. In addition, not sure what you mean by "touched you".  Next time, use your cell phone to call law enforcement yourself if there is an issue and then go from there.

  • Q
    What can be done about a car ot sALEING ME A STOLEN VEHICLE which if i would have known it was stolen i would have never made the deal to buy. [email protected]
    Consumer Law  |  Jul 21st, 2015
    Mark Tischhauser   That you went to jail raises concerns about what you actually knew as 99% of such people buying from a business dont get arrested, they just lose the item. You will need to resolve the criminal charges first and then you can hire a alawyer to pursue such a claim. Be prepared to pay out of pocket for...
    x
    what can be done about a car ot sALEING ME A STOLEN VEHICLE which if i would have known it was stolen i would have never made the deal to buy. [email protected]
    More details to this question:I walked up seen this four wheeler asked how much 2000$ was the response I mean this motorcycle asked how much 4200$ was the response so I say if I pay cash now how much for both he said 5600$ 1700$ for the four wheeler and 3900$ for the bike so I bought them both cash I got a title for the bike but only a bull of sale for the four wheeler I even asked it's not hot or anything ribut I mean it's a business I never thought. It would be stolen well the following day I had an issue that brought law enforcement to search my household which in turn lead to the running of vin numbers and I went to jail for out 10 days later to find out that I bought a stolen four wheeler that it was returned to the owner I went to the car lot and told him and showed. Him the paper worm e said I didn't know it was stolen I sold it for someone elsa
    Answer
    Answered by Mark Tischhauser

    That you went to jail raises concerns about what you actually knew as 99% of such people buying from a business dont get arrested, they just lose the item. You will need to resolve the criminal charges first and then you can hire a alawyer to pursue such a claim. Be prepared to pay out of pocket for a lawyer unless the seller is a big company or has commerical liability insurance.

  • Q
    Does this constitute as 'Legal Malpractice'?
    Legal Malpractice  |  Jul 21st, 2015
    Mark Tischhauser   "Failure to comply" in a PIP insurance context does not generally result in cancellation of the policy, but rather not paying the claim. If the policy was cancelled, or refused renewal, this suggests that there was something that occurred in the policy application. It may be malpractice but the dama...
    x
    Does this constitute as 'Legal Malpractice'?
    More details to this question:I was in an accident and hired an attorney to represent me. I submitted all of my bills and my collections to the law firm he was employed by. A few months into this, he switched firms and some how, "someone" dropped the ball. Nobody submitted the info my insurance needed, and I received a letter from my PIP stating that they were not going to renew my insurance for 'failure to comply' and that they may not pay any of the medical claims for the accident. I submitted a digital copy of the letter and the original to the original law firm. A few weeks later was when I found out he had left that firm and switched to the new firm. It took several weeks for them to figure it out, but it's been several months now, and I still can't get straight answers. Not one penny has been paid by my PIP insurance.
    Answer
    Answered by Mark Tischhauser

    "Failure to comply" in a PIP insurance context does not generally result in cancellation of the policy, but rather not paying the claim. If the policy was cancelled, or refused renewal, this suggests that there was something that occurred in the policy application. It may be malpractice but the damages may be smal in the scheme of things. You can file a bar complaint if you want and see if they can intervene to get you the answers you seek. In the mean timeyou need to hire a new lawyer to handle the injury case ASAP

  • Q
    I have a very large smart flat screen TV that Rent Center allowed me to bring home for free for amonth
    Consumer Law  |  Jul 21st, 2015
    Mark Tischhauser   Absent some insurance, you likely just purchased a vastly overpriced TV.
    x
    I have a very large smart flat screen TV that Rent Center allowed me to bring home for free for amonth
    More details to this question:It was going to be returned on Monday because my month was over. It was accidently broken this evening. What should I do?
    Answer
    Answered by Mark Tischhauser

    Absent some insurance, you likely just purchased a vastly overpriced TV.

  • Q
    What if a person post false statements on Facebook about me.
    Libel, Slander and Defamation  |  Jul 21st, 2015
    Mark Tischhauser   Absent either taking legal action or at least sending a cease and desist letter from a lawyer, it is unlikely that Facebook will help you deal with personal issues. You may want to retain a lawyer to address this if it cant simply be ignored.
    x
    What if a person post false statements on Facebook about me.
    More details to this question:This person is posting false statements about me. Said I have hacked his phone/computer/etc and sent out messages claiming to have been him. He does not use my name on facebook however the users ask who is this person and his friend writes I will send it to you. I am not able to see his posts, a concerned friend shows them to me. Do I file a report to get him to stop even though he hasn't used my name on the site? It is getting worse.
    Answer
    Answered by Mark Tischhauser

    Absent either taking legal action or at least sending a cease and desist letter from a lawyer, it is unlikely that Facebook will help you deal with personal issues. You may want to retain a lawyer to address this if it cant simply be ignored.

  • Q
    Is it legal to sell an item that I had put a down payment on?
    Breach of Contract  |  Jul 21st, 2015
    Mark Tischhauser   Generally, no, thats what a down payment is for. The bigger issue is do you want to spend money out of pocket pursuing such a claim.
    x
    Is it legal to sell an item that I had put a down payment on?
    More details to this question:The used car dealer had my down payment for a car, but sold it before I came in three days later. He did give me my down payment back. Can he legally do that?
    Answer
    Answered by Mark Tischhauser

    Generally, no, thats what a down payment is for. The bigger issue is do you want to spend money out of pocket pursuing such a claim.

  • Q
    You deliver a pizza and you get bit by the residence dog, who do you sue ???
    Personal Injury  |  Jul 21st, 2015
    Mark Tischhauser   Pardon the pun, but your simply barking up the wrong tree. You won't likely ever collect the judgment in this issue. This is a common mispercecption with pro-se litigants, that the judgment equates to money recieved and it simply doesn't. This is why lawyers would not pursue such a case generally. Y...
    x
    You deliver a pizza and you get bit by the residence dog, who do you sue ???
    More details to this question:I took the owner of the dog to court and they never showed up for court. The judge awarded me a final judgement of 2725 dollars, and the owner never paid. I hired a lawyer to go after the money, and since this person some kind of blood disease the lawyer backed off from the case. Can I sue the owner of the home?? and how do I got about this case??? Can a lawyer sue the owner for the original judgement? and the owner then sue the owner of the dog?? what is the best way to get my ordered judgement from the judge?? The owner of the dog has a certain blood disease, and no job and collects disability.
    Answer
    Answered by Mark Tischhauser

    Pardon the pun, but your simply barking up the wrong tree. You won't likely ever collect the judgment in this issue. This is a common mispercecption with pro-se litigants, that the judgment equates to money recieved and it simply doesn't. This is why lawyers would not pursue such a case generally. Your only other option would be to see if there is homeowners insurance on the property, but these often have dog exlcusions.

  • Q
    Can a new owner of rental storage units break existing lease befroe term and force you to sign new one.or vacate?
    Landlord and Tenant Law  |  May 4th, 2015
    Mark Tischhauser   All depends on the terms and conditions of the current lease.
    x
    Can a new owner of rental storage units break existing lease befroe term and force you to sign new one.or vacate?
    More details to this question:I rent a business and storage unit at the same storage facility. My current year lease is midway through. The property was sold. The new owner has done outside renovations and now wants to increase the rent and force us to sign a new lease. (Because the old specifically says the previous owners name on it. He says he needs one with his name on it.) Can he do that or does the old lease remain in effect if I refuse to sign the new?
    Answer
    Answered by Mark Tischhauser

    All depends on the terms and conditions of the current lease.

  • Q
    If a default judgement is filled can a lean be put on someones home in the state of Florida?
    Consumer Fraud  |  May 4th, 2015
    Mark Tischhauser   Not effectivelyif its homesteaded
    x
    If a default judgement is filled can a lean be put on someones home in the state of Florida?
    Answer
    Answered by Mark Tischhauser

    Not effectivelyif its homesteaded

  • Q
    I let my daughter borrow my car-her name is also on car insurance-she gets in a car accident (she was not at fault)-instead of having car towed she
    Automobile Accidents  |  May 3rd, 2015
    Mark Tischhauser   You need to hire a lawyer immediately. This story simply does not hold water and can cause you to lose your insurance coverage if there are accusations that the story or circumstances are false. If you can't hire a lawyer, you're simply on a river ride to unknown ends, as there are waayyyyyy to many...
    x
    i let my daughter borrow my car-her name is also on car insurance-she gets in a car accident (she was not at fault)-instead of having car towed she
    More details to this question:drove to closet friends-(which is a x-boyfriends sister) and leaves the keys for insurance to take over-but x-boyfriend shows up-takes keys and gets in hit & run-totals car and property-he is not charged because the keys where left--now I'm at fault-if party sues-I can't afford attorney-what steps do i need to do
    Answer
    Answered by Mark Tischhauser

    You need to hire a lawyer immediately. This story simply does not hold water and can cause you to lose your insurance coverage if there are accusations that the story or circumstances are false. If you can't hire a lawyer, you're simply on a river ride to unknown ends, as there are waayyyyyy to many issues to really try to navigate in a blurb. On a positive note, if the first ax was not your daughters fault, she would still have any claims she had against the at fault driver, and for medical care under PIP. **** I hope you won't tell me that the at fault party left the scene of the first accident and is a "phantom" vehicle.

 

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Tischhauser Law Group
2005 Pan Am Circle Drive, Suite 200
Tampa, Florida, 33607-2359 USA
813-666-8502