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  • Q
    My elderly disabled vet Uncle Billy, was defrauded (I believe) by Regions Bank and National Union Fire Insurance Company (division of AIG)...
    Consumer Law  |  Feb 21st, 2018
    Mark Tischhauser, Esq.   The problem is that business people arenot expected to make personal decisions or special considerations for others. That is the responsibility fo freinds and family. If your Uncle is that disabled that he cannot make proper decisons then he needs to get to a guardianship lawyer and have a guardian ...
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    My elderly disabled vet Uncle Billy, was defrauded (I believe) by Regions Bank and National Union Fire Insurance Company (division of AIG)...
    Answer

    The problem is that business people arenot expected to make personal decisions or special considerations for others. That is the responsibility fo freinds and family. If your Uncle is that disabled that he cannot make proper decisons then he needs to get to a guardianship lawyer and have a guardian appointed. That aside this will be a difficult as you are comng in after the fact, so your first issue is to presumably cancel the coverage. THEN you can retain a lawyer for your Uncle to review the situation and see whether there was some impropriety that occurred as its impossible to tell what you are basing "billed as an accident policy" and then called a "rebate program" as neither makes any sense in a vacuum, suggesting that this is all likely incorrect also. 

  • Q
    What is the litigation rate of success in cases of drywood termite infestation brought in when new kitchen cabinets were installed?
    Breach of Contract  |  Feb 20th, 2018
    Mark Tischhauser, Esq.   I would expect low under the facts presented - with discovery 1 year later. This would require an expert entymologist to support such a claim. Other than that its a home owners claim to start. 
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    What is the litigation rate of success in cases of drywood termite infestation brought in when new kitchen cabinets were installed?
    Answer

    I would expect low under the facts presented - with discovery 1 year later. This would require an expert entymologist to support such a claim. Other than that its a home owners claim to start. 

  • Q
    GreetingsI would like to know can I due my ex for emotional distress?
    Personal Injury  |  Feb 21st, 2018
    Mark Tischhauser, Esq.   Beggars can't be choosers as the old saying goes. Absent a court order otherwise, your EX has NO OBLIGATION to support or care for you, period, let alone be sued because you because you don't like it. That why they are the EX. You probably need to contact social services and see what they can do to ...
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    GreetingsI would like to know can I due my ex for emotional distress?
    Answer

    Beggars can't be choosers as the old saying goes. Absent a court order otherwise, your EX has NO OBLIGATION to support or care for you, period, let alone be sued because you because you don't like it. That why they are the EX. You probably need to contact social services and see what they can do to help with any of several welfare programs you might be eligible for. 

  • Q
    I had a purchase agreement with an auto car dealership after making a a down payment he e keep the money her never gives me any car
    Contracts  |  Feb 22nd, 2018
    Mark Tischhauser, Esq.   You will need to spend some money to retain a lawyer to address this. There is no magic internet answer. 
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    I had a purchase agreement with an auto car dealership after making a a down payment he e keep the money her never gives me any car
    Answer

    You will need to spend some money to retain a lawyer to address this. There is no magic internet answer. 

  • Q
    Can a motgage company deny you to short sale your property if property is in floreclosure
    Foreclosures  |  Feb 22nd, 2018
    Mark Tischhauser, Esq.   You have no entitlement to a short sale. Any impact on the foreclosure process shoul dbe address by the lawyer handling your foreclosure case. 
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    Can a motgage company deny you to short sale your property if property is in floreclosure
    Answer

    You have no entitlement to a short sale. Any impact on the foreclosure process shoul dbe address by the lawyer handling your foreclosure case. 

  • Q
    I am trying to recover $20K from a coat I had on consignment in another state.
    Litigation  |  Feb 20th, 2018
    Mark Tischhauser, Esq.   Not gonna happen in any time soon to be candid. You made a foolish decision placing such a valuable item on consignment without better vetting and protecting yourself. You will likely need to hire a lawyer to sue the person, get a judgment if you win and try to get a replevin for return of the stole...
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    I am trying to recover $20K from a coat I had on consignment in another state.
    Answer

    Not gonna happen in any time soon to be candid. You made a foolish decision placing such a valuable item on consignment without better vetting and protecting yourself. You will likely need to hire a lawyer to sue the person, get a judgment if you win and try to get a replevin for return of the stole or money damages to try to collect. You will likely spend a good deal of money in such an effort due to the circumstances. You can also try to make a home owners claim if the stole is covered. 

  • Q
    Can/Should I Sue my Own Father?
    Breach of Contract  |  Feb 23rd, 2018
    Mark Tischhauser, Esq.   You are wasting your time. If is making six figures a year, why did he need YOu to buy a car, HE could have done so on his own if ANY of that were true, let alone BANKRUPTCY being a huge clue he is broke. The person to blame for your debacle is YOU not your deadbeat father. There could not possibly ...
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    Can/Should I Sue my Own Father?
    Answer

    You are wasting your time. If is making six figures a year, why did he need YOu to buy a car, HE could have done so on his own if ANY of that were true, let alone BANKRUPTCY being a huge clue he is broke. The person to blame for your debacle is YOU not your deadbeat father. There could not possibly be more warnings that you were being foolish. Take the car back, with a Sheriff if need be, its yours if its solely in your name.....then take the car and sell it or trade it in to miminize your losses. 

  • Q
    When hearing small claims eviction cases, do judges look at prior judgements?
    Civil Litigation  |  Jan 22nd, 2018
    Mark Tischhauser, Esq.   Nope - judges will not do a litigants dirty work for them. The litigants present the case in proper fashion and the court just rules on the proper evidence presented. If you have such little knowledge about the process you REALLY need to hire a landlord attorney to represent in that regard. 
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    When hearing small claims eviction cases, do judges look at prior judgements?
    Answer

    Nope - judges will not do a litigants dirty work for them. The litigants present the case in proper fashion and the court just rules on the proper evidence presented. If you have such little knowledge about the process you REALLY need to hire a landlord attorney to represent in that regard. 

  • Q
    Are there civil litigation attorneys in spring hill, fl that offer free consultations?
    Breach of Contract  |  Feb 7th, 2018
    Mark Tischhauser, Esq.   I actually am currently handling a similar issue in court as we speak. Bear in mind that "feee consultations" are simply to establish whether you have a case and the expense and manner of retaining the lawyer to handle it. They are not educational seminars where lawyers dole out free advice on how t...
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    Are there civil litigation attorneys in spring hill, fl that offer free consultations?
    Answer

    I actually am currently handling a similar issue in court as we speak. Bear in mind that "feee consultations" are simply to establish whether you have a case and the expense and manner of retaining the lawyer to handle it. They are not educational seminars where lawyers dole out free advice on how to solve your problems for free, as unfortunately many people presume. You will likely need to plan on hiring a lawyer out of pocket, hiring an engineering expert and fighting over construction lien, arbitration provisions vs. court/jury trial issues as the starting point of any legal action. 

  • Q
    I need a new lawyer
    Personal Injury  |  Feb 7th, 2018
    Mark Tischhauser, Esq.   You can hire a new one if you like but you need to talk to current one to express your concerns as you may find few lawyers wanting to pursue a slip and fall in general let alone one that is either in litigation or will soon be as the statute of limitation is likely to run soon. 
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    I need a new lawyer
    Answer

    You can hire a new one if you like but you need to talk to current one to express your concerns as you may find few lawyers wanting to pursue a slip and fall in general let alone one that is either in litigation or will soon be as the statute of limitation is likely to run soon. 

  • Q
    Help with collecting settlement
    Breach of Contract  |  Feb 9th, 2018
    Mark Tischhauser, Esq.   Unfortunately, in large part YOU took advantage of you as being poor or on section 8 does not confer special consideration or privileges when you play lawyer in court. The most common problm with pro-se litigants is the get paper judgments or settlments and never collect the money after all the expe...
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    Help with collecting settlement
    Answer

    Unfortunately, in large part YOU took advantage of you as being poor or on section 8 does not confer special consideration or privileges when you play lawyer in court. The most common problm with pro-se litigants is the get paper judgments or settlments and never collect the money after all the expense and effort. That stated, you will likely need spend some money to HIRE a lawyer to review what you agree to as settlement and go from there. In the future waiting 2 years to address such an issue makes an emergency on your part now but not for anyone else. 

  • Q
    My son was injured in prison he was beaten while in confinement by another inmate he was beaten so bad that he needed Staples in his head.
    Personal Injury  |  Feb 9th, 2018
    Mark Tischhauser, Esq.   Unfortunately this is price paid when getting convicted of felony criminal conduct and going to prison with other convicted felons. While there ARE instances when the DOC can be held liable, such cases are rare and few and far between for a variety of reasons ranging from unsympathetic plaintiffs to...
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    My son was injured in prison he was beaten while in confinement by another inmate he was beaten so bad that he needed Staples in his head.
    Answer

    Unfortunately this is price paid when getting convicted of felony criminal conduct and going to prison with other convicted felons. While there ARE instances when the DOC can be held liable, such cases are rare and few and far between for a variety of reasons ranging from unsympathetic plaintiffs to juries to inability to control all inmates at all times by DOC to the convict code regarding snitching that forces many witness and victims to claim they fell in the shower to avoid retaliation. You will likely need to hire a lawyer at an hourly rate/retainer at some expense to meet with him and review the issues, see if he is willing ti pursue a civil case and go from there. There may also be some effort to seeka transfer to another wing or location if there are defined risks or exposures for some reason. 

  • Q
    What can we do
    Landlord and Tenant Law  |  Feb 9th, 2018
    Mark Tischhauser, Esq.   Well you can see that the self lawyering and trusting the old "oh ignore that" story has done nothing but get you in hot water. That stated, it clearly appears that you need to retain a lawyer immediately orbe prepared to move in short time. Being told an eviction is illegal is useless unless it com...
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    What can we do
    Answer

    Well you can see that the self lawyering and trusting the old "oh ignore that" story has done nothing but get you in hot water. That stated, it clearly appears that you need to retain a lawyer immediately orbe prepared to move in short time. Being told an eviction is illegal is useless unless it comes from a guy wearing a black robe called a Judge. Unfortantely, you well be spending some money to address this issue out of pocket which is the result of not have an actual signed lease for all those years. 

  • Q
    Bought some Hershey kisses at Walmart I got sick They were 2 1/2 years out of date. Went back to store found 3 more They took pic Any legal advi
    Consumer Law  |  Feb 13th, 2018
    Mark Tischhauser, Esq.   No real damages and the worst possible defendant for such claims dictate that this is a no starter for a proper injury claim. You can try to see what you can get from them - but most competent lawyers would not pursue such a claim on a contingent fee. 
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    Bought some Hershey kisses at Walmart I got sick They were 2 1/2 years out of date. Went back to store found 3 more They took pic Any legal advi
    Answer

    No real damages and the worst possible defendant for such claims dictate that this is a no starter for a proper injury claim. You can try to see what you can get from them - but most competent lawyers would not pursue such a claim on a contingent fee. 

  • Q
    My extended warranty company will not pay for my claim
    Consumer Law  |  Feb 13th, 2018
    Mark Tischhauser, Esq.   "Fair" has nothing to do with contract obligations, as "fair"needs to be addresed BEFORE you sign an agreement or buy a product. You will need to retain a lawyer, probably at some initial expense, to review your warranty agreement and the situation, and probably file suit if the insurer won't abide ...
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    My extended warranty company will not pay for my claim
    Answer

    "Fair" has nothing to do with contract obligations, as "fair"needs to be addresed BEFORE you sign an agreement or buy a product. You will need to retain a lawyer, probably at some initial expense, to review your warranty agreement and the situation, and probably file suit if the insurer won't abide by the agreement. By example, not changing the timing belt would have little to do with replacing a covered window motor BUT could be serious and legitimate issue if there was engine damage caused by a bad timing belt or the engine being out of timing. This typically revolves around the details of the warranty agreement. 

  • Q
    How do I recover expenses for my damaged car
    Civil Litigation  |  Feb 13th, 2018
    Mark Tischhauser, Esq.   If there was no insurance on your car to cover the issue from YOU, then you likely have a CARMACK Amendment case which is a Federal  DOT rule that addresses interstate mover liabilty, disclosures and the like. These can be expensive and difficult cases to litigate if the mover crossed the T's a...
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    How do I recover expenses for my damaged car
    Answer

    If there was no insurance on your car to cover the issue from YOU, then you likely have a CARMACK Amendment case which is a Federal  DOT rule that addresses interstate mover liabilty, disclosures and the like. These can be expensive and difficult cases to litigate if the mover crossed the T's and dotted the I's so the expense of such litigation will need to be weighed against the value of the repairs. 

  • Q
    What type of lawyer do i need for getting my money back.
    Consumer Law  |  Feb 15th, 2018
    Mark Tischhauser, Esq.   Civil litigation lawyer most likely. 
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    what type of lawyer do i need for getting my money back.
    Answer

    Civil litigation lawyer most likely. 

  • Q
    I was recently admitted to a ER that treated and released with the wrong name and information on my wrist band. no one ever checked? do i have a case
    Medical Malpractice  |  Feb 16th, 2018
    Mark Tischhauser, Esq.   No - no damages. You can report it to the hospital risk management to make sure they investigate how that happened so that they don't make such a mistake with others. 
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    i was recently admitted to a ER that treated and released with the wrong name and information on my wrist band. no one ever checked? do i have a case
    Answer

    No - no damages. You can report it to the hospital risk management to make sure they investigate how that happened so that they don't make such a mistake with others. 

  • Q
    Who can I call for help
    Landlord and Tenant Law  |  Feb 16th, 2018
    Mark Tischhauser, Esq.   If you withhold rent you will likely be evicted and you cannot simply withhold rent for repairs. You need to retain a tenant lawyer to repesent you, though you will likely need to pay out of pocket for such. They can help you effect teh primary remedy in such situations which is to terminate the ten...
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    Who can I call for help
    Answer

    If you withhold rent you will likely be evicted and you cannot simply withhold rent for repairs. You need to retain a tenant lawyer to repesent you, though you will likely need to pay out of pocket for such. They can help you effect teh primary remedy in such situations which is to terminate the tenancy. 

  • Q
    What kind of lawyer do I need?
    Animal Law  |  Feb 16th, 2018
    Mark Tischhauser, Esq.   General civil trial lawyer - be prepared for some hefty legal fee retainers on such a case as Hatfield v. McCoys cases can become very conentious and expensive if the escalate rather than de-escalate the issues. 
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    What kind of lawyer do I need?
    Answer

    General civil trial lawyer - be prepared for some hefty legal fee retainers on such a case as Hatfield v. McCoys cases can become very conentious and expensive if the escalate rather than de-escalate the issues. 

  • Q
    New park owners will not honor 13th mo. free when paying 1 yr. in advance on lot rent? What can be done?
    Landlord and Tenant Law  |  Feb 16th, 2018
    Mark Tischhauser, Esq.   If its in writing ...likely yes, it would be enforceable against new owners. Otherwise, it will not be cost efficient to litigate a verbal agreement with a predeccesor owner/management group that was not disclosed to or agreed by the new one. 
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    New park owners will not honor 13th mo. free when paying 1 yr. in advance on lot rent? What can be done?
    Answer

    If its in writing ...likely yes, it would be enforceable against new owners. Otherwise, it will not be cost efficient to litigate a verbal agreement with a predeccesor owner/management group that was not disclosed to or agreed by the new one. 

  • Q
    Hurt at a gym
    Personal Injury  |  Feb 19th, 2018
    Mark Tischhauser, Esq.   Possibly - BUT you will need to have MEDICAL documentation that the poor instruction alone caused your injury and that there is a collectable entity or insurance that covers the claim. This would likely be a VERY difficult case to prosecute. 
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    Hurt at a gym
    Answer

    Possibly - BUT you will need to have MEDICAL documentation that the poor instruction alone caused your injury and that there is a collectable entity or insurance that covers the claim. This would likely be a VERY difficult case to prosecute. 

  • Q
    I have several cases in different states of Florida.Could 1 lawyer do cases in the different states
    Collections  |  Feb 19th, 2018
    Mark Tischhauser, Esq.   I just left St. Maarten last week, I could have stopped by. LOL. That stated, you will likely need lawyers in EACH state or COUNTRY and have them coordinate, if there are any international issues, as it is unlikely one lawyer or even a law firm will be trully familiar with the laws of ALL ...
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    I have several cases in different states of Florida.Could 1 lawyer do cases in the different states
    Answer

    I just left St. Maarten last week, I could have stopped by. LOL. That stated, you will likely need lawyers in EACH state or COUNTRY and have them coordinate, if there are any international issues, as it is unlikely one lawyer or even a law firm will be trully familiar with the laws of ALL arenas. As to the various COUNTIES you describe you can hire one lawyer to address all of the cases collectivey most likely........ BUT be aware that for the amounts you described and small number of cases, most collection lawyers would be unwilling to take such cases on a contingent fee for collectability reasons and you will likely end up spending more in legal expenses tha you may recover, especially being a foreign national. 

  • Q
    Need expert attorney on invited guess that refuses to live claiming a tenant-landlord issue.
    Landlord and Tenant Law  |  Jan 26th, 2018
    Mark Tischhauser, Esq.   You will need to hire a new lawyer ASAP and the issue will likely be unlawful detainer not an eviction. Be prepared to spend a good deal of money in the effort if the "guest" is an trained lawyer and there is a hotly contested legal case. While we normally handle tenant side cases, we may be able to...
    x
    need expert attorney on invited guess that refuses to live claiming a tenant-landlord issue.
    Answer

    You will need to hire a new lawyer ASAP and the issue will likely be unlawful detainer not an eviction. Be prepared to spend a good deal of money in the effort if the "guest" is an trained lawyer and there is a hotly contested legal case. While we normally handle tenant side cases, we may be able to help since we are familiar with the games tenants play to stick the landlords. The issue will be whether you are willing to bea the expense. 

  • Q
    Is it legal to cross out the rent amount on a lease, hand write a new amount, don't have the tenant sign it and not notify the tenant of the change?
    Landlord and Tenant Law  |  Jan 27th, 2018
    Mark Tischhauser, Esq.   This is not legal if there was a lease agreement and could be legal if this as a month to month tenancy. You will need to retain a tenant lawyer, likely at some expense, to review the paperwork and go from there. 
    x
    is it legal to cross out the rent amount on a lease, hand write a new amount, don't have the tenant sign it and not notify the tenant of the change?
    Answer

    This is not legal if there was a lease agreement and could be legal if this as a month to month tenancy. You will need to retain a tenant lawyer, likely at some expense, to review the paperwork and go from there. 

  • Q
    Three times I have been arrested on Battery/Domestic Violence charges. All three by the same corrupt police department, the first two by the same offi
    Police Misconduct  |  Jan 27th, 2018
    Mark Tischhauser, Esq.   These are expensive and high risk cases to pursue - but if you are wiling to invest the money in legal fees we can assist you. Unfortunately these are not contingent fee type cases. 
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    Three times I have been arrested on Battery/Domestic Violence charges. All three by the same corrupt police department, the first two by the same offi
    Answer

    These are expensive and high risk cases to pursue - but if you are wiling to invest the money in legal fees we can assist you. Unfortunately these are not contingent fee type cases. 

  • Q
    Hit & Run?
    Automobile Accidents  |  Feb 7th, 2018
    Mark Tischhauser, Esq.   You should have reported it to the police right away. Ifyou have collision coverage report it to your insurance carrier and let them deal with it. Otherwise its simply a crap shoot dealing with this at this point and where it ends up. 
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    Hit & Run?
    Answer

    You should have reported it to the police right away. Ifyou have collision coverage report it to your insurance carrier and let them deal with it. Otherwise its simply a crap shoot dealing with this at this point and where it ends up. 

  • Q
    My friend is underwater with Wells Fargo on an auto loan. Carfax report says 4 owners and it was once a rental. Vehicle history says one owner..
    Consumer Law  |  Jan 29th, 2018
    Mark Tischhauser, Esq.   Little guys don't win when they make poor legal and finaincial decisions. While its laudable that she spends her money on others, that does not get her credit for her own debts or obligations. Not sure what the dealer is expected to do as Wells Fargo is the lender and they have control over the loan...
    x
    My friend is underwater with Wells Fargo on an auto loan. Carfax report says 4 owners and it was once a rental. Vehicle history says one owner..
    Answer

    Little guys don't win when they make poor legal and finaincial decisions. While its laudable that she spends her money on others, that does not get her credit for her own debts or obligations. Not sure what the dealer is expected to do as Wells Fargo is the lender and they have control over the loan. If she is seriously in debt she may want to consider bankruptcy. 

  • Q
    Late Fees
    Landlord and Tenant Law  |  Feb 4th, 2018
    Mark Tischhauser, Esq.   yes its legal. This can all be avoided by simply paying rent on time. 
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    Late Fees
    Answer

    yes its legal. This can all be avoided by simply paying rent on time. 

  • Q
    I had a tattoo done yesterday for my son date of birth in Roman numeral on my forearm. 07-06-1994. The tattoo person did 07-06-1594 in Roman numeral!!
    Breach of Contract  |  Feb 4th, 2018
    Mark Tischhauser, Esq.   This a valid claim - but not likely a conitngent fee case for a variety of reasons, starting with most Tatoo artists are uncollectable unless they have "tatoo insurance". You may need to hire a lawyer to see if there is insurance coverage and then go from there. 
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    I had a tattoo done yesterday for my son date of birth in Roman numeral on my forearm. 07-06-1994. The tattoo person did 07-06-1594 in Roman numeral!!
    Answer

    This a valid claim - but not likely a conitngent fee case for a variety of reasons, starting with most Tatoo artists are uncollectable unless they have "tatoo insurance". You may need to hire a lawyer to see if there is insurance coverage and then go from there. 

  • Q
    I am a healthcare professional and I have been slandered by a coworker twice. The employer has done nothing about it. Are they obligates to do so?
    Libel, Slander and Defamation  |  Feb 6th, 2018
    Mark Tischhauser, Esq.   Employer is not obligated to protect your reputation. You can sue the co-worker for defamation BUT they are expensive cases and yo uwill pay legal fees up front in most instances. 
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    I am a healthcare professional and I have been slandered by a coworker twice. The employer has done nothing about it. Are they obligates to do so?
    Answer

    Employer is not obligated to protect your reputation. You can sue the co-worker for defamation BUT they are expensive cases and yo uwill pay legal fees up front in most instances. 

  • Q
    Is an instruction to euthanize my pet (verbal, over the phone) valid when it was given under false pretenses by the veterinarian?
    Animal Law  |  Feb 6th, 2018
    Mark Tischhauser, Esq.   There is something missing in this equation as that makes little sense as presented. If this is to be pursued you will likely need to retain a lawyer to sue civily, not criminally, for damages etc. You will need to accept that the expense of the lawsuit will likely exceed the financial damages as th...
    x
    Is an instruction to euthanize my pet (verbal, over the phone) valid when it was given under false pretenses by the veterinarian?
    Answer

    There is something missing in this equation as that makes little sense as presented. If this is to be pursued you will likely need to retain a lawyer to sue civily, not criminally, for damages etc. You will need to accept that the expense of the lawsuit will likely exceed the financial damages as this will bemore matter of prinicple. 

  • Q
    Do I have any recourse?
    Collections  |  Jan 29th, 2018
    Mark Tischhauser, Esq.   Possibly. If the company is a real company and not a scam. You need to consider shutting down the access to your account and changing accounts with your bank. You need to retain a lawyer to review this mess ASAP. 
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    Do I have any recourse?
    Answer

    Possibly. If the company is a real company and not a scam. You need to consider shutting down the access to your account and changing accounts with your bank. You need to retain a lawyer to review this mess ASAP. 

  • Q
    What kind of attorney do I need I've been to 2 civil rights attorneys they tell me there not a big enough Lawyer.
    Breach of Contract  |  Jan 30th, 2018
    Mark Tischhauser, Esq.   To be candid, the "this is too big of a case for us little civil rights lawyers" is a politically correct way to say "thanks but no thanks, but call us when you have a GOOD case". There is no lawyer in America that is to small to take a great case, because they can always refer it out or bring in bi...
    x
    what kind of attorney do I need I've been to 2 civil rights attorneys they tell me there not a big enough Lawyer.
    Answer

    To be candid, the "this is too big of a case for us little civil rights lawyers" is a politically correct way to say "thanks but no thanks, but call us when you have a GOOD case". There is no lawyer in America that is to small to take a great case, because they can always refer it out or bring in bigger law firms "on a great case". To be clear a Nolle Prosse is NOT a declaration of your innocence regardless of movielore, but simply the States declining to prosecute for any of dozens of reasons. I fyou are inlcined to file a civil rights/malicious prosecution claim on the facts presnted, you will likely need to fund such litigation out of pocket as no conherentlawyer would take such a case on a contingent fee for any of a number of reasons. You simply need to get down to the business of hiring a lawyer with a retainer to handle this issue. You might want to ask your criminal lawyer for a referal if you cant find someone otherwise or use the find a lawyer feature here. 

  • Q
    Do I have a case
    Medical Malpractice  |  Feb 1st, 2018
    Mark Tischhauser, Esq.   Cmon now - you lost all those things from the heart attack itself not some  failure of a physician to magically anticipate a heart attack 2 days later and more than its your own fault you waited all week to seek care. Before you even make such a claim, you will need to have a cardiologist state...
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    do I have a case
    Answer

    Cmon now - you lost all those things from the heart attack itself not some  failure of a physician to magically anticipate a heart attack 2 days later and more than its your own fault you waited all week to seek care. Before you even make such a claim, you will need to have a cardiologist state in writing that the heart attack should have been diagnised and would been prevented. Otherwise this is just unforunate circumstance. 

  • Q
    Purchase counterfeit product online stating it was a PUMA product & it is not.
    Consumer Fraud  |  Feb 1st, 2018
    Mark Tischhauser, Esq.   "Puma claims they do not exist & this has caused major problems for me i just need to ask questions and if possible seek help" Histrionics are simply not useful in legal issues. There are no "major problems" for you over this - period. That stated, its simply not worth the legal expense to addre...
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    Purchase counterfeit product online stating it was a PUMA product & it is not.
    Answer

    "Puma claims they do not exist & this has caused major problems for me i just need to ask questions and if possible seek help" Histrionics are simply not useful in legal issues. There are no "major problems" for you over this - period. That stated, its simply not worth the legal expense to address an online pair of shoes....as demonstrated by presuably your unwillingness to spend $400.00 an hour to ask a lawyer all the questions you need to that are specific to your issue. This is the risk of buying online, just as the same buying at a flea market or roadside stand. This is most likely a lesson learned in the perils of convenience. 

  • Q
    How to keep a equipment lease company from taking personal assets
    Breach of Contract  |  Feb 1st, 2018
    Mark Tischhauser, Esq.   You needto talk to a bankruptcy lawyer
    x
    How to keep a equipment lease company from taking personal assets
    Answer

    You needto talk to a bankruptcy lawyer

  • Q
    I do I get my utilities restored if my landlord try to legally evict me and turn off the power
    Landlord and Tenant Law  |  Jan 24th, 2018
    Mark Tischhauser, Esq.   This is classic violatin of Fla. Stat. 83.67, you need to retain a tenant lawyer to handle this issue ASAP before this gets all messed up or more out of control. You can contact our office at 813-243-9233 if you woiuld like to retain our office to help. 
    x
    I do I get my utilities restored if my landlord try to legally evict me and turn off the power
    Answer

    This is classic violatin of Fla. Stat. 83.67, you need to retain a tenant lawyer to handle this issue ASAP before this gets all messed up or more out of control. You can contact our office at 813-243-9233 if you woiuld like to retain our office to help. 

  • Q
    I live in Manatee County, Florida but need to sue someone residing in Sarasota County, FL. Do I file in my county court or theirs?
    Civil Litigation  |  Jan 23rd, 2018
    Mark Tischhauser, Esq.   Your best bet is to hire a lawyer to address any litigation case. Even small claims is not Judge Judy - its real court. 
    x
    I live in Manatee County, Florida but need to sue someone residing in Sarasota County, FL. Do I file in my county court or theirs?
    Answer

    Your best bet is to hire a lawyer to address any litigation case. Even small claims is not Judge Judy - its real court. 

  • Q
    I have had credit card fraud committed against me. Having diff getting out of paying for charges I did not do. What type lawyer do I need. Tim
    Debtor and Creditor  |  Jan 23rd, 2018
    Mark Tischhauser, Esq.   You will probably have to hire a lawyer at some expense to sort all this out and address it. It sound like there is some issue with the CC not believig the fraud claim. Typically this occurs when the CC use appears to be you or caused by your actions, etc. Only way to addres this is with a retained ...
    x
    I have had credit card fraud committed against me. Having diff getting out of paying for charges I did not do. What type lawyer do I need. Tim
    Answer

    You will probably have to hire a lawyer at some expense to sort all this out and address it. It sound like there is some issue with the CC not believig the fraud claim. Typically this occurs when the CC use appears to be you or caused by your actions, etc. Only way to addres this is with a retained lawyer to intervene and possibly sue the CC company over any collection effort. 

  • Q
    Mold infested apartment
    Civil Litigation  |  Jan 23rd, 2018
    Mark Tischhauser, Esq.   You will likely need to actually HIRE a tenant lawyer to send proper notices to the LL and assist in terminating the tenancy if the LL doesn't do the proper repairs. 
    x
    Mold infested apartment
    Answer

    You will likely need to actually HIRE a tenant lawyer to send proper notices to the LL and assist in terminating the tenancy if the LL doesn't do the proper repairs. 

  • Q
    Having difficulty finishing case that have been mishandled . Are there reputable attorneys willing to take on a difficult case in the Orlando area?
    Personal Injury  |  Jan 23rd, 2018
    Mark Tischhauser, Esq.   Its usually very difficult for a new lawyer to come into a case where the first lawyer and the client got all the juice from the first 2 settlements and the new lawyer is expected to eat the rinds and do the heavy lifting. Your best bet is to get a complete copy of your file and hire a lawyer, proba...
    x
    Having difficulty finishing case that have been mishandled . Are there reputable attorneys willing to take on a difficult case in the Orlando area?
    Answer

    Its usually very difficult for a new lawyer to come into a case where the first lawyer and the client got all the juice from the first 2 settlements and the new lawyer is expected to eat the rinds and do the heavy lifting. Your best bet is to get a complete copy of your file and hire a lawyer, probably at an hourly rate and retainer of some sort, to review the case and figure out what you have to work with andgo from there.  

  • Q
    House burned 2 yrs ago. Insurance paid max. Gas pipe manf. was at fault and insr. co. settled. I have costs due to fire. So I sue gas pipe mnf. too?
    Products Liability  |  Jan 24th, 2018
    Mark Tischhauser, Esq.   You need to ask YOUR lawyer these questions as they would be in the best posotion to tell you how to handle this. 
    x
    House burned 2 yrs ago. Insurance paid max. Gas pipe manf. was at fault and insr. co. settled. I have costs due to fire. So I sue gas pipe mnf. too?
    Answer

    You need to ask YOUR lawyer these questions as they would be in the best posotion to tell you how to handle this. 

  • Q
    If i purch somthng nd on rceipt it sys "all sales final" nd the consumer calls sayng thy mde a mstke nd it actually costs more am i 2 pay the diff?
    Consumer Law  |  Jan 24th, 2018
    Mark Tischhauser, Esq.   Pretty sure they will be bound by the sale price just as a practical matter. You need to make sure that if the purchase was by CC that they don't try to claim a higher price with the CC company. 
    x
    if i purch somthng nd on rceipt it sys "all sales final" nd the consumer calls sayng thy mde a mstke nd it actually costs more am i 2 pay the diff?
    Answer

    Pretty sure they will be bound by the sale price just as a practical matter. You need to make sure that if the purchase was by CC that they don't try to claim a higher price with the CC company. 

  • Q
    What are my options?
    Consumer Fraud  |  Jan 24th, 2018
    Mark Tischhauser, Esq.   Nothing on the facts provided. You can return to the dentist to adjust the filing but a patient is not the arbiter of whether a root canal is appropriate. You would have to have a written opinion from another dentist to even raise the issue for something liek a refund. 
    x
    What are my options?
    Answer

    Nothing on the facts provided. You can return to the dentist to adjust the filing but a patient is not the arbiter of whether a root canal is appropriate. You would have to have a written opinion from another dentist to even raise the issue for something liek a refund. 

  • Q
    If I am past the 15 day mark prior to the end of the month on a month to month lease am I required to stay for the remainder of that next month?
    Contracts  |  Jan 24th, 2018
    Mark Tischhauser, Esq.   You're not required to stay but you are required to pay for the entire month of February. 
    x
    If I am past the 15 day mark prior to the end of the month on a month to month lease am I required to stay for the remainder of that next month?
    Answer

    You're not required to stay but you are required to pay for the entire month of February. 

  • Q
    Would this be considered an invasion of privacy?
    Libel, Slander and Defamation  |  Jan 24th, 2018
    Mark Tischhauser, Esq.   Nope. Its just a sign that you either need to address it directly with the pastor or find a new church. 
    x
    Would this be considered an invasion of privacy?
    Answer

    Nope. Its just a sign that you either need to address it directly with the pastor or find a new church. 

  • Q
    Possible eviction. I have concerns of major leak that could have health and safety concerns
    Landlord and Tenant Law  |  Jan 19th, 2018
    Mark Tischhauser, Esq.   You can all out office at 1-800-922-6442 if you like. 
    x
    Possible eviction. I have concerns of major leak that could have health and safety concerns
    Answer

    You can all out office at 1-800-922-6442 if you like. 

  • Q
    Hello I have an ongoing civil matter taking place right now for defamation and I am not very happy about the attorney that's on it and I was hoping to
    Libel, Slander and Defamation  |  Jan 20th, 2018
    Mark Tischhauser, Esq.   Its imposisble to really respond to this other than, you need to REALLY be satisfied that the current lawyer is not getting the job done or that you truly want to change counsel. Other than that, make sure you have another lawyer willing to take the case first, lest you find yourslef with no lawyer....
    x
    Hello I have an ongoing civil matter taking place right now for defamation and I am not very happy about the attorney that's on it and I was hoping to
    Answer

    Its imposisble to really respond to this other than, you need to REALLY be satisfied that the current lawyer is not getting the job done or that you truly want to change counsel. Other than that, make sure you have another lawyer willing to take the case first, lest you find yourslef with no lawyer. As a lawyer than routinely handles defamation cases, I can tell you that there are not many lawyer that do so. 

  • Q
    Pawn shop sold my item
    Consumer Law  |  Jan 21st, 2018
    Mark Tischhauser, Esq.   This ia Chap. 539 case. You will likely need to hire a lawyer to sue the pawn broker for damages and to recover legal fees paid. 
    x
    pawn shop sold my item
    Answer

    This ia Chap. 539 case. You will likely need to hire a lawyer to sue the pawn broker for damages and to recover legal fees paid. 

  • Q
    What Law firm would handle a case involving my Daughters death as a result of a Jacksonville area Hospital negligence?
    Wrongful Death  |  Jan 17th, 2018
    Mark Tischhauser, Esq.   Unless the is some level of financially dependant relationship adult parents or siblings cannot recover for loss of an adult child under the wrongful death act. 
    x
    What Law firm would handle a case involving my Daughters death as a result of a Jacksonville area Hospital negligence?
    Answer

    Unless the is some level of financially dependant relationship adult parents or siblings cannot recover for loss of an adult child under the wrongful death act. 

  • Q
    I need a good landlord/ tenant trial lawyer in st pete fl.im the landlord
    Landlord and Tenant Law  |  Jan 17th, 2018
    Mark Tischhauser, Esq.   Try Edward Fusillo. As a tenant lawyer I think he has a good handle on the landlordside. 
    x
    I need a good landlord/ tenant trial lawyer in st pete fl.im the landlord
    Answer

    Try Edward Fusillo. As a tenant lawyer I think he has a good handle on the landlordside. 

  • Q
    I need an attorney asap in naples fl
    Legal Malpractice  |  Jan 17th, 2018
    Mark Tischhauser, Esq.   VICTIMS of crimes dont hire criminal lawyers. THIS is why its not effecient for people to shop for lawyers for others. Your freind needs to contact a local lawyer to address any options or get referrals. 
    x
    i need an attorney asap in naples fl
    Answer

    VICTIMS of crimes dont hire criminal lawyers. THIS is why its not effecient for people to shop for lawyers for others. Your freind needs to contact a local lawyer to address any options or get referrals. 

  • Q
    Do you give legal advice?! I need help.
    Libel, Slander and Defamation  |  Jan 18th, 2018
    Mark Tischhauser, Esq.   As a lawyer thats our primary function. Just not for free as you might imagine. We do handle social media defamation cases but they are hourly rate/retainer cases. 
    x
    Do you give legal advice?! I need help.
    Answer

    As a lawyer thats our primary function. Just not for free as you might imagine. We do handle social media defamation cases but they are hourly rate/retainer cases. 

  • Q
    If a customer and news channel broadcast a false report on you and your business can I sue them for defamation
    Libel, Slander and Defamation  |  Jan 18th, 2018
    Mark Tischhauser, Esq.   its possible but as to the reporter VERY expensive and VERY difficult case. Your better bet would be to target the customer for potential settlment breach and defamation damages since they are likely the source of that claim. If you are interested you can call our office at 813-243-9233 in Tampa.&nb...
    x
    If a customer and news channel broadcast a false report on you and your business can I sue them for defamation
    Answer

    its possible but as to the reporter VERY expensive and VERY difficult case. Your better bet would be to target the customer for potential settlment breach and defamation damages since they are likely the source of that claim. If you are interested you can call our office at 813-243-9233 in Tampa. 

  • Q
    Ineed a lawyer to represent me a car dealer is trying to sew me for a breach
    Breach of Contract  |  Jan 19th, 2018
    Mark Tischhauser, Esq.   Yep...thats how it works. You simply can't do that. Problem is it will cost you more in lawyer fees tha the money at issue to defend the case. 
    x
    ineed a lawyer to represent me a car dealer is trying to sew me for a breach
    Answer

    Yep...thats how it works. You simply can't do that. Problem is it will cost you more in lawyer fees tha the money at issue to defend the case. 

  • Q
    I recently purchased a car. I have had the car for almost a month and the dealership is calling to increase my rates. Who can I talk to?
    Breach of Contract  |  Jan 15th, 2018
    Mark Tischhauser, Esq.   Thiis is likely a Yo-Yo scam. You will need to hire a lawyer, at some expense generally, to intervene before this gets out of conroland becomes a repo issue. 
    x
    I recently purchased a car. I have had the car for almost a month and the dealership is calling to increase my rates. Who can I talk to?
    Answer

    Thiis is likely a Yo-Yo scam. You will need to hire a lawyer, at some expense generally, to intervene before this gets out of conroland becomes a repo issue. 

  • Q
    Article written about me online years ago accusing me of being a peeping Tom. It wasn't true and I wasn't convicted. Statute of limitations?
    Libel, Slander and Defamation  |  Jan 16th, 2018
    Mark Tischhauser, Esq.   Two years is the time frame for defamation. BUT there may be issues if the article is continually republished. You will most likely have to hire a lawyer to some significant expense to sort this out if at all possible. 
    x
    Article written about me online years ago accusing me of being a peeping Tom. It wasn't true and I wasn't convicted. Statute of limitations?
    Answer

    Two years is the time frame for defamation. BUT there may be issues if the article is continually republished. You will most likely have to hire a lawyer to some significant expense to sort this out if at all possible. 

  • Q
    May I consider my Nationality as Intellectual Property when false identity is inflicted to defraud?
    Personal Injury  |  Jan 11th, 2018
    Mark Tischhauser, Esq.   Your question is difficult to understand, but the answer is you will likely need to hire a lawyer at some expense to review your transaction and then go from there. 
    x
    May I consider my Nationality as Intellectual Property when false identity is inflicted to defraud?
    Answer

    Your question is difficult to understand, but the answer is you will likely need to hire a lawyer at some expense to review your transaction and then go from there. 

  • Q
    How
    Breach of Contract  |  Jan 12th, 2018
    Mark Tischhauser, Esq.   This was a poor decision to start with, as I have little doubt that the money was NOT kept in a separate account in case the deal fell through. You probably need to hire a lawyer now to intervene and address this to get it resolved one way or the other. 
    x
    How
    Answer

    This was a poor decision to start with, as I have little doubt that the money was NOT kept in a separate account in case the deal fell through. You probably need to hire a lawyer now to intervene and address this to get it resolved one way or the other. 

  • Q
    During hurricane Irma we incurred some wind and water damage put claim with insurance we knew $1000 deductible over 6000 in damages we got nothing
    Insurance  |  Jan 12th, 2018
    Mark Tischhauser, Esq.   The problem here is the WHY...I suspect you have more than a $1,000.00 deductible and thats what the insurance company said in the declination letter. You will need to hire a lawyer, possibleat some expense, to review your claim and policy to see why the insurance company has paid nothing. This need...
    x
    During hurricane Irma we incurred some wind and water damage put claim with insurance we knew $1000 deductible over 6000 in damages we got nothing
    Answer

    The problem here is the WHY...I suspect you have more than a $1,000.00 deductible and thats what the insurance company said in the declination letter. You will need to hire a lawyer, possibleat some expense, to review your claim and policy to see why the insurance company has paid nothing. This needs to be addressed ASAP as you are 5 months post event and not resolved this issue. 

  • Q
    How do I file a slander/defamation of Character against someone
    Civil Litigation  |  Jan 15th, 2018
    Mark Tischhauser, Esq.   You will need to hire a lawyer to handle such a case as thety are very expensive and difficult cases in general. This is not a DIY type case. 
    x
    How do I file a slander/defamation of Character against someone
    Answer

    You will need to hire a lawyer to handle such a case as thety are very expensive and difficult cases in general. This is not a DIY type case. 

  • Q
    How to get a body shop to return money to a 3rd party if the owner of the vehicle decide not to use that business and no work has begun
    Automobile Accidents  |  Jan 12th, 2018
    Mark Tischhauser, Esq.   This is what happens when you deviate from the normal resolution and start playing lawyer. This is now a big mess where there may arguably be a settlement or at least the other person wont likely pay a second time to someone else. This was handled badly from the start and there is no easy resolution...
    x
    How to get a body shop to return money to a 3rd party if the owner of the vehicle decide not to use that business and no work has begun
    Answer

    This is what happens when you deviate from the normal resolution and start playing lawyer. This is now a big mess where there may arguably be a settlement or at least the other person wont likely pay a second time to someone else. This was handled badly from the start and there is no easy resolution. Moreover the expense of hiring a lawyer over the value described is certainly counter productive at this late stage. Unless your son is willing to have the shop fix the car, he is likely paying for repairs himself or dealing with a controversy having made some sort of settlement agreement with the other driver. 

  • Q
    Can I sue a bar that my stepbrother fell off and died?
    Slip and Fall  |  Jan 12th, 2018
    Mark Tischhauser, Esq.   No you have no standing to make any claim. The direct family will need to get a probate lawyer. open and estate and hire a lawyer uder the wrongful death act to investigate and liability claim. 
    x
    can I sue a bar that my stepbrother fell off and died?
    Answer

    No you have no standing to make any claim. The direct family will need to get a probate lawyer. open and estate and hire a lawyer uder the wrongful death act to investigate and liability claim. 

  • Q
    How to remove my daughters name from my deed, she refuses to corporate
    Civil Litigation  |  Jan 13th, 2018
    Mark Tischhauser, Esq.   You don't. Depending on how the deed was drafted you will need to hire a lawyer to file a legal action for partition or possibly contribution. Otherwise maybe the lawyer can facilitate a settlment where oneside buys out the other to resolve the dispute. 
    x
    How to remove my daughters name from my deed, she refuses to corporate
    Answer

    You don't. Depending on how the deed was drafted you will need to hire a lawyer to file a legal action for partition or possibly contribution. Otherwise maybe the lawyer can facilitate a settlment where oneside buys out the other to resolve the dispute. 

  • Q
    I need advice about a case asap!
    Legal Malpractice  |  Jan 14th, 2018
    Mark Tischhauser, Esq.   This is no malpractice of any type. The doctor owes you no duty to protect you from an elderly person you have issues with. Your remedy would be to have the elderly person removed or evicted if she lived with you in your house. The other issue syou describe may be criminal and you would need to cont...
    x
    I need advice about a case asap!
    Answer

    This is no malpractice of any type. The doctor owes you no duty to protect you from an elderly person you have issues with. Your remedy would be to have the elderly person removed or evicted if she lived with you in your house. The other issue syou describe may be criminal and you would need to contact law enforcement for that.

  • Q
    I have a problem with the failure of teacher/principal to protect my granddaughter from a culturally violent mexican DACA
    Civil Litigation  |  Jan 11th, 2018
    Mark Tischhauser, Esq.   Other than announcing "a problem" not sure what you are expecting to achieve, what your goal set is, etc. If you are wanting to "take on the system" and use this isntance as a cause to champion immigation reform, you'll need some super deep pockets to even start to entertain such an issue.
    x
    I have a problem with the failure of teacher/principal to protect my granddaughter from a culturally violent mexican DACA
    Answer

    Other than announcing "a problem" not sure what you are expecting to achieve, what your goal set is, etc. If you are wanting to "take on the system" and use this isntance as a cause to champion immigation reform, you'll need some super deep pockets to even start to entertain such an issue.

  • Q
    What can I do for this rental car insurance company for the following issue?
    Insurance  |  Jan 11th, 2018
    Mark Tischhauser, Esq.   You will likely need to hire a lawyer to address this if the samages are substantial. Its impossible to tell what happened or whats covered without reviewing the documents. 
    x
    what can I do for this rental car insurance company for the following issue?
    Answer

    You will likely need to hire a lawyer to address this if the samages are substantial. Its impossible to tell what happened or whats covered without reviewing the documents. 

  • Q
    Citibank is trying to collect false charges about a credit card
    Debtor and Creditor  |  Jan 10th, 2018
    Mark Tischhauser, Esq.   Closed does nto mean that there is a ZERO balance. You need to review this account because if it was not properly closed or closed with an outstaning balance, you are hurting your credit or risking a lawsuit unnecessarily. 
    x
    Citibank is trying to collect false charges about a credit card
    Answer

    Closed does nto mean that there is a ZERO balance. You need to review this account because if it was not properly closed or closed with an outstaning balance, you are hurting your credit or risking a lawsuit unnecessarily. 

  • Q
    Will there be a warrant out for me if I don’t appear in small claims?
    Debtor and Creditor  |  Jan 10th, 2018
    Mark Tischhauser, Esq.   No warrant but you will lose and they will get a judgment against you on default. 
    x
    Will there be a warrant out for me if I don’t appear in small claims?
    Answer

    No warrant but you will lose and they will get a judgment against you on default. 

  • Q
    Can i hire a lawyer for this case
    Breach of Contract  |  Jan 11th, 2018
    Mark Tischhauser, Esq.   You need to hire a lawyer to address this. The problem is that its not likely a contingent fee to start and you will likely be paying out of pocket to sort this out. On on hand it seems liek a yo-yo cam on the other that there were misreprsentations re: your employment. 
    x
    Can i hire a lawyer for this case
    Answer

    You need to hire a lawyer to address this. The problem is that its not likely a contingent fee to start and you will likely be paying out of pocket to sort this out. On on hand it seems liek a yo-yo cam on the other that there were misreprsentations re: your employment. 

  • Q
    Can someone please tell me how to get a hold of a Live Person On LinkedIn Its Imperative, I have googled everywhere and no luck.
    Litigation  |  Jan 11th, 2018
    Mark Tischhauser, Esq.   You will probably have to hire a lawyer to deal with this at some significant expense. Online services rarely do anything nor provide anything that involves them in litigatio of any type voluntarily. 
    x
    Can someone please tell me how to get a hold of a Live Person On LinkedIn Its Imperative, I have googled everywhere and no luck.
    Answer

    You will probably have to hire a lawyer to deal with this at some significant expense. Online services rarely do anything nor provide anything that involves them in litigatio of any type voluntarily. 

  • Q
    What form do I need to fill out to represent myself in court?
    Civil Litigation  |  Jan 9th, 2018
    Mark Tischhauser, Esq.   None. You just file your pleadings Pro-Se. You may want to check out the 5 Hour law school. 
    x
    What form do I need to fill out to represent myself in court?
    Answer

    None. You just file your pleadings Pro-Se. You may want to check out the 5 Hour law school. 

  • Q
    Im a 50% deeded owner on a property but was never added to the insurance policy. We have a total loss fire claim now Am I covered?
    Insurance  |  Jan 4th, 2018
    Mark Tischhauser, Esq.   In theory you should be - it will depend on the interest insured and the nature of the 50% interest as defined by the deed.
    x
    Im a 50% deeded owner on a property but was never added to the insurance policy. We have a total loss fire claim now Am I covered?
    Answer

    In theory you should be - it will depend on the interest insured and the nature of the 50% interest as defined by the deed.

  • Q
    Do I have any recourse against a bank that compromised my SSN?
    Consumer Law  |  Jan 5th, 2018
    Mark Tischhauser, Esq.   If you can show the bank employee in fact stole the SSN and ID thefted you, there may be some liability on bank. Its a very difficult case and not likely one lawyers will take on a contingent fee. Hopefully the employee was charged and convicted, as if this is just a suspicion it woud be an even mor...
    x
    Do I have any recourse against a bank that compromised my SSN?
    Answer

    If you can show the bank employee in fact stole the SSN and ID thefted you, there may be some liability on bank. Its a very difficult case and not likely one lawyers will take on a contingent fee. Hopefully the employee was charged and convicted, as if this is just a suspicion it woud be an even more difficult and expensive case. 

  • Q
    I just ate out with family and found hair baked into food that we brought home, that I ate. Some other members had upset stomach and so do I. Case ?
    Consumer Law  |  Jan 6th, 2018
    Mark Tischhauser, Esq.   Absent medical documentation supporting such - these cases go no where. If you do, you need to retain an injury lawyer ASAP to review this and go from there. 
    x
    I just ate out with family and found hair baked into food that we brought home, that I ate. Some other members had upset stomach and so do I. Case ?
    Answer

    Absent medical documentation supporting such - these cases go no where. If you do, you need to retain an injury lawyer ASAP to review this and go from there. 

  • Q
    Malpractice or Personal Injure?
    Medical Malpractice  |  Jan 6th, 2018
    Mark Tischhauser, Esq.   First she needs to change pimary care physicians. Second, she needs to gather up ALL of her medical records and have them reviewed by an expert to make such a determination. She can do this inconjunction with a medical maplractice lawyer she hires to work with the medical expert. 
    x
    Malpractice or Personal Injure?
    Answer

    First she needs to change pimary care physicians. Second, she needs to gather up ALL of her medical records and have them reviewed by an expert to make such a determination. She can do this inconjunction with a medical maplractice lawyer she hires to work with the medical expert. 

  • Q
    Can I suit my hoa for harrassment, emotional distress, and false accusations.
    Civil Litigation  |  Jan 7th, 2018
    Mark Tischhauser, Esq.   If you have the money to invest in legal fees and expenses to do so, anyone can be sued for anything.Whether you win or not would revolve around the actual facts and details. 
    x
    Can I suit my hoa for harrassment, emotional distress, and false accusations.
    Answer

    If you have the money to invest in legal fees and expenses to do so, anyone can be sued for anything.Whether you win or not would revolve around the actual facts and details. 

  • Q
    A friend of mine is being harassed by federal law enforcement. This has been going on for years. He has lost his job, his family because of it. Help
    Police Misconduct  |  Jan 7th, 2018
    Mark Tischhauser, Esq.   Once a convict always a convict. There is no means to stop law enforcement from keeping tabs on convicted felons. This would have to arise tosome really invasive or abusive conduct and then your friend would need to spend a good deal ofmoney on a civil rights lawyer to take them to task over the iss...
    x
    A friend of mine is being harassed by federal law enforcement. This has been going on for years. He has lost his job, his family because of it. Help
    Answer

    Once a convict always a convict. There is no means to stop law enforcement from keeping tabs on convicted felons. This would have to arise tosome really invasive or abusive conduct and then your friend would need to spend a good deal ofmoney on a civil rights lawyer to take them to task over the issues. 

  • Q
    I need an honest answer as to whether or not I can win this case. I have never sued before.
    Contracts  |  Jan 7th, 2018
    Mark Tischhauser, Esq.   YOU handling it on your own? Highly unlikely as 80-90% of pro-se litigants fail in court and 100% think they will be the sucessful 10%. If you are in the Tampa area you can check out the 5 Hour Law School as that can help a good deal to better the odds. 
    x
    I need an honest answer as to whether or not I can win this case. I have never sued before.
    Answer

    YOU handling it on your own? Highly unlikely as 80-90% of pro-se litigants fail in court and 100% think they will be the sucessful 10%. If you are in the Tampa area you can check out the 5 Hour Law School as that can help a good deal to better the odds. 

  • Q
    I would like to know the precise cause of death of my loved one. How do I go about obtaining an autopsy even after she has been put in the grave?
    Civil Litigation  |  Jan 8th, 2018
    Mark Tischhauser, Esq.   This would entail a BERY expensive process of exhuming a body for a foresnic examination and you would need to legitimately good cause as judges will not be inclined to order exhumation simply out of curiosity. 
    x
    I would like to know the precise cause of death of my loved one. How do I go about obtaining an autopsy even after she has been put in the grave?
    Answer

    This would entail a BERY expensive process of exhuming a body for a foresnic examination and you would need to legitimately good cause as judges will not be inclined to order exhumation simply out of curiosity. 

  • Q
    How can I do if a project done by a contractor had failed 4 times West Palm Beach city inspection?
    Consumer Law  |  Jan 8th, 2018
    Mark Tischhauser, Esq.   You will need to retain a lawyer to help you address this. Its largely a mater of your contract terms. 
    x
    how can I do if a project done by a contractor had failed 4 times West Palm Beach city inspection?
    Answer

    You will need to retain a lawyer to help you address this. Its largely a mater of your contract terms. 

  • Q
    DoI have a case for reimbursement of funds incurred trying to save my dog's life?
    Breach of Contract  |  Jan 8th, 2018
    Mark Tischhauser, Esq.   Possibly, but if you didn't authorize the treatment, why did you pay for it and now seek reimbursement? Unfortunately, unless the sums are substantial or you want to sue for making a point, such cases are not generally economically viable. 
    x
    DoI have a case for reimbursement of funds incurred trying to save my dog's life?
    Answer

    Possibly, but if you didn't authorize the treatment, why did you pay for it and now seek reimbursement? Unfortunately, unless the sums are substantial or you want to sue for making a point, such cases are not generally economically viable. 

  • Q
    What happen if a driver hit Car a back side and he didn’t have insurance
    Automobile Accidents  |  Jan 8th, 2018
    Mark Tischhauser, Esq.   You generally won't for financial reasons. You hopefully have UM coverage and collision coverage on your insurance. If you have questions you can call our office for the free consult at 1-800-922-6442.
    x
    What happen if a driver hit Car a back side and he didn’t have insurance
    Answer

    You generally won't for financial reasons. You hopefully have UM coverage and collision coverage on your insurance. If you have questions you can call our office for the free consult at 1-800-922-6442.

  • Q
    My vehicle was parked off the street & was hit by an Airport Limo driver who was txting. ACV is not enough to buy a new vehicle - can I sue?
    Automobile Accidents  |  Jan 8th, 2018
    Mark Tischhauser, Esq.   No. The Florida Supreme Court made clear that ACV is what you are entitled to if your car is totalled.WHAT constitutes ACV may be debatable but it very difficult to fight over a property damage case unless the value is substantial to warrant spending money on legal fees. 
    x
    My vehicle was parked off the street & was hit by an Airport Limo driver who was txting. ACV is not enough to buy a new vehicle - can I sue?
    Answer

    No. The Florida Supreme Court made clear that ACV is what you are entitled to if your car is totalled.WHAT constitutes ACV may be debatable but it very difficult to fight over a property damage case unless the value is substantial to warrant spending money on legal fees. 

  • Q
    I want to know if I can sue Walmart for overcharge me three times my purchase
    Consumer Fraud  |  Jan 9th, 2018
    Mark Tischhauser, Esq.   If this occured this would be a potential collection practices act violation. You can contact our office at 1-800-922-6442 to address this further for  FREE consultation. 
    x
    I want to know if I can sue Walmart for overcharge me three times my purchase
    Answer

    If this occured this would be a potential collection practices act violation. You can contact our office at 1-800-922-6442 to address this further for  FREE consultation. 

  • Q
    Bought a dog at a pet shop in jax florida 6 days ago. ad states there is a one year guarantee the pet is free from congenital defects
    Animal Law  |  Dec 29th, 2017
    Mark Tischhauser, Esq.   The question is are you in love the dog enough to spend thouands of dollars out of pocket in legal fees to force such payment from the pet shop? If the answer is NO, then you are likely caught in a finanical bind in enforcing a legal remedy you may have. Given you have had the dog 6 days, your bette...
    x
    bought a dog at a pet shop in jax florida 6 days ago. ad states there is a one year guarantee the pet is free from congenital defects
    Answer

    The question is are you in love the dog enough to spend thouands of dollars out of pocket in legal fees to force such payment from the pet shop? If the answer is NO, then you are likely caught in a finanical bind in enforcing a legal remedy you may have. Given you have had the dog 6 days, your better bet is to see if they give you your money back and then report the issue to animal control so they dont just sell the dog to another person. 

  • Q
    Hi I had hernia repair twice after the surgery I ended up gastroparesis paralysis of my stomach due to cutting my vagus nerve excruciating pain
    Medical Malpractice  |  Dec 29th, 2017
    Mark Tischhauser, Esq.   This sounds like a good start to a med mal case. The key is securing a written opinion from a qualfied surgeon that testifies that cutting the vagus nerve is malpractice as opposed to an acceptable complication. You need to gather ALL you medical records and see if a lawyer will take the case and pa...
    x
    Hi I had hernia repair twice after the surgery I ended up gastroparesis paralysis of my stomach due to cutting my vagus nerve excruciating pain
    Answer

    This sounds like a good start to a med mal case. The key is securing a written opinion from a qualfied surgeon that testifies that cutting the vagus nerve is malpractice as opposed to an acceptable complication. You need to gather ALL you medical records and see if a lawyer will take the case and pay to have it reviewed by an expert. If not, you will likely need to do so and then amed with a written opinion from an expert establishing medical malpractice seek out a lawyer to pursue the claim. 

  • Q
    I would like to file a claim against a doctor, who is guilty of medical malpractice, involving my hip surgery.
    Personal Injury  |  Dec 31st, 2017
    Mark Tischhauser, Esq.   You will first need to obatin a written opinion that the actions of the first doctor, which you attribute to "common knowledge" rise to the level malpractice from another qualified Orthopedic surgeon. That is the lynch pin for ANY med mal claim in Florida. Unfortunately a poor result or even bad cho...
    x
    I would like to file a claim against a doctor, who is guilty of medical malpractice, involving my hip surgery.
    Answer

    You will first need to obatin a written opinion that the actions of the first doctor, which you attribute to "common knowledge" rise to the level malpractice from another qualified Orthopedic surgeon. That is the lynch pin for ANY med mal claim in Florida. Unfortunately a poor result or even bad choice is not inherently actionable. 

  • Q
    What my liabilty when my dog bites another dog
    Animal Law  |  Dec 31st, 2017
    Mark Tischhauser, Esq.   Likely slim to none  - but that doesn't mean the other dog owner wont sue or claim a different story. 
    x
    what my liabilty when my dog bites another dog
    Answer

    Likely slim to none  - but that doesn't mean the other dog owner wont sue or claim a different story. 

  • Q
    Can Verizon change your contract against your wishes when you get a new phone?
    Breach of Contract  |  Jan 1st, 2018
    Mark Tischhauser, Esq.   Its the "without our permission" part that will be problematic. There is no "right" to keep a contract or terms and use a service. Most instances when a new phone is bought or events dictate, the service provider can require whatever new contract terms it desires with the remedy of taking your busin...
    x
    Can Verizon change your contract against your wishes when you get a new phone?
    Answer

    Its the "without our permission" part that will be problematic. There is no "right" to keep a contract or terms and use a service. Most instances when a new phone is bought or events dictate, the service provider can require whatever new contract terms it desires with the remedy of taking your business elsewhere. That is an important point as many times the "correction" made or honoring of earlier terms is a CS issue not a contractual entitlement and when siging things to get new phones people oftem grant the permission in writing that they didnt read which supercedes and verbal claim otherwise. You will need to have a lawyer review ALL of the documents at issue if Verizon won't switch it back and then go from there, but it may not be worth the legal fee expense. 

  • Q
    Does a person have the right to take a dog from a minor say it's there's w/o proof on Christmas day take off with dog and asult me when trying to get
    Animal Law  |  Jan 1st, 2018
    Mark Tischhauser, Esq.   I think this was answered in another post. As previously stated, I am not sure how you would know that the other person didn't own the dog prior or why or how they would single out your child and the dog for such a claim, but the remedy would be a "replevin" lawsuit with a lawyer which would likely ...
    x
    Does a person have the right to take a dog from a minor say it's there's w/o proof on Christmas day take off with dog and asult me when trying to get
    Answer

    I think this was answered in another post. As previously stated, I am not sure how you would know that the other person didn't own the dog prior or why or how they would single out your child and the dog for such a claim, but the remedy would be a "replevin" lawsuit with a lawyer which would likely be very expensive to pursue. Absent some issue like a "dog thief" ring using such a tactic this would likely be a heavily controverted lawsuit. 

  • Q
    I want my dog back and need to get him before it's to late
    Animal Law  |  Jan 1st, 2018
    Mark Tischhauser, Esq.   Seriously? Because we KNOW its not your dog to start, so its a higher chance its the other person's dog as a starting point. Your argument is like saying, i found this bicycle unlocked and looked everywhere for the owner didn't see them, so I took it, and added new handle bars and tires, and 2 month...
    x
    I want my dog back and need to get him before it's to late
    Answer

    Seriously? Because we KNOW its not your dog to start, so its a higher chance its the other person's dog as a starting point. Your argument is like saying, i found this bicycle unlocked and looked everywhere for the owner didn't see them, so I took it, and added new handle bars and tires, and 2 months later as I was riding it, some one assaulted me claiming it was thiers, but they had no proof, so I want MY bike back. Even Debo and Pee Wee Herman would find that concept troubling. That stated, unless you want to spend an inordinate amount of money on legal fees suing, which is your legal right, to get the dog back and forsing the other party to prove ownership - to what ever end results, you likely made a poor choice in this instance to presume that the dog is yours simply because it didn't have a chip. 

  • Q
    Purchased brand new RV that manufacture admits to glue supplier warranty issue. Will not honoring warranty because of damage. Only collateral swap.
    Consumer Law  |  Jan 1st, 2018
    Mark Tischhauser, Esq.   This is either a lemon law, mag-moss warranty, or a bit of both issue slapped on top of some other damage claim problem. You need to hire a lawyer to start sorting this out, but generally you can't have a vehicle totalled by a hurricane and then expect a collateral swap/replacement vehicle without a...
    x
    Purchased brand new RV that manufacture admits to glue supplier warranty issue. Will not honoring warranty because of damage. Only collateral swap.
    Answer

    This is either a lemon law, mag-moss warranty, or a bit of both issue slapped on top of some other damage claim problem. You need to hire a lawyer to start sorting this out, but generally you can't have a vehicle totalled by a hurricane and then expect a collateral swap/replacement vehicle without addressing the damages to your vehicle. There may be ways around this but it will be complicated and probably confrotnational in resolution. 

  • Q
    What’s next
    Consumer Law  |  Jan 2nd, 2018
    Mark Tischhauser, Esq.   If you pawned someone elses items, thats illegal and felony and there may be remedies under Fla. Stat. 539 that your husband has. You may need to retain a lawyer ro advise you on this, especially if this is a presursor to a diivorce event. 
    x
    What’s next
    Answer

    If you pawned someone elses items, thats illegal and felony and there may be remedies under Fla. Stat. 539 that your husband has. You may need to retain a lawyer ro advise you on this, especially if this is a presursor to a diivorce event. 

  • Q
    My ex girlfriend stole my cat, which was adopted in my name -- do I have legal right to it?
    Animal Law  |  Jan 2nd, 2018
    Mark Tischhauser, Esq.   Likely yes. You may have to sue her for "replevin" with a lawyer as most law enforcement will not intervene if she claims itsher cat and this a failed romatic relationship issue. 
    x
    My ex girlfriend stole my cat, which was adopted in my name -- do I have legal right to it?
    Answer

    Likely yes. You may have to sue her for "replevin" with a lawyer as most law enforcement will not intervene if she claims itsher cat and this a failed romatic relationship issue. 

  • Q
    Slander from condo board pres to other residents within 2 months of my moving in, implying criminal background (none)-asking their help "hiring detect
    Libel, Slander and Defamation  |  Jan 2nd, 2018
    Mark Tischhauser, Esq.   Could be defamation case dependinbg on what was actually said and to whom. We handle these cases routinely, bu they are typically not contingent fee cases, require a fee retainer and can get expensive if the case devolves into a pissing contest on either side. YOu can call our office at 813-243-9233...
    x
    Slander from condo board pres to other residents within 2 months of my moving in, implying criminal background (none)-asking their help "hiring detect
    Answer

    Could be defamation case dependinbg on what was actually said and to whom. We handle these cases routinely, bu they are typically not contingent fee cases, require a fee retainer and can get expensive if the case devolves into a pissing contest on either side. YOu can call our office at 813-243-9233 for a FREE in office consultation to see how we can help. 

  • Q
    Sorry..Bulholtz in brandon fl & fl law group in orlando...plus oleary in portland or
    Litigation  |  Jan 2nd, 2018
    Mark Tischhauser, Esq.   This seems like you sent an email to the wrong address. If you are looking for a med-mal referal, we offer free in office consultations, to assist on such matters. You can call our office at 813-243-9233
    x
    Sorry..Bulholtz in brandon fl & fl law group in orlando...plus oleary in portland or
    Answer

    This seems like you sent an email to the wrong address. If you are looking for a med-mal referal, we offer free in office consultations, to assist on such matters. You can call our office at 813-243-9233

  • Q
    I am looking for an expert witness veterinarian to review medical records to pursue a case against a vet for malpractice.
    Animal Law  |  Jan 2nd, 2018
    Mark Tischhauser, Esq.   Looking on a legal advice site is not a good start. You need to contact a qualifed veteranian and be prepared to pay a substantial expert fee just for the evaluaton and opinion and more for testimonial events. 
    x
    I am looking for an expert witness veterinarian to review medical records to pursue a case against a vet for malpractice.
    Answer

    Looking on a legal advice site is not a good start. You need to contact a qualifed veteranian and be prepared to pay a substantial expert fee just for the evaluaton and opinion and more for testimonial events. 

  • Q
    Needed repairs after accident. Ins claim. Shop stated they painted door but did not. They also never had me sign a release. What can i do?
    Breach of Contract  |  Jan 3rd, 2018
    Mark Tischhauser, Esq.   You need to start with addressing this with your insurance company if they recommended the shop. Otherwise you have a contract suit that may not be fianancially viable to pursue. The "release" you reference is likely a Fla. Stat. 559 estimate disclsoure/waiver.  
    x
    Needed repairs after accident. Ins claim. Shop stated they painted door but did not. They also never had me sign a release. What can i do?
    Answer

    You need to start with addressing this with your insurance company if they recommended the shop. Otherwise you have a contract suit that may not be fianancially viable to pursue. The "release" you reference is likely a Fla. Stat. 559 estimate disclsoure/waiver.  

  • Q
    Can I sue AT&T for failing to provide service , sending my personal info to a another person ,
    Breach of Contract  |  Jan 3rd, 2018
    Mark Tischhauser, Esq.   Probably, but these are all contract type claims, typically meaning you will ned to pay for legal fees up front and seek to recover them if you win and may be exposed to paying thier legal fees if you lose. This also sounds like an ID theft issue so thats a separate can of worms. 
    x
    Can I sue AT&T for failing to provide service , sending my personal info to a another person ,
    Answer

    Probably, but these are all contract type claims, typically meaning you will ned to pay for legal fees up front and seek to recover them if you win and may be exposed to paying thier legal fees if you lose. This also sounds like an ID theft issue so thats a separate can of worms. 

  • Q
    Dept of treasury is threating to withold part of my soc sec for non-pay of student loan
    Consumer Law  |  Jan 3rd, 2018
    Mark Tischhauser, Esq.   If it was a Federal guaranteed loan, they likely have that ability, an also can seize tax refunds. Since this was a long time ago, is there a reason why your presumably adult child doesn't pay back the loan?
    x
    dept of treasury is threating to withold part of my soc sec for non-pay of student loan
    Answer

    If it was a Federal guaranteed loan, they likely have that ability, an also can seize tax refunds. Since this was a long time ago, is there a reason why your presumably adult child doesn't pay back the loan?

  • Q
    Who can I get to represent me in an Animal Rights case involving a pit bull fighting ring.
    Animal Law  |  Jan 3rd, 2018
    Mark Tischhauser, Esq.   If you are being sued or charged with some crime over being an activist, the price to pay for activisim is that YOU not others will need to fund your legal defense when things go South. There are likely hundreds of lawyers can help, as long as you have the abillity and willingness to pay for thier s...
    x
    Who can I get to represent me in an Animal Rights case involving a pit bull fighting ring.
    Answer

    If you are being sued or charged with some crime over being an activist, the price to pay for activisim is that YOU not others will need to fund your legal defense when things go South. There are likely hundreds of lawyers can help, as long as you have the abillity and willingness to pay for thier services. 

  • Q
    Can I get my money back from a credit union that took it with out notice.
    Consumer Fraud  |  Jan 3rd, 2018
    Mark Tischhauser, Esq.   "I am a disabled veteran an don’t have the best ability to think."  This issue esentially eliminates any credibility you would have in a "they told me that....." type of case. Additionally, 99% of banking institutions send various forms of monthy statememts on such accounts, so there was ...
    x
    Can I get my money back from a credit union that took it with out notice.
    Answer

    "I am a disabled veteran an don’t have the best ability to think."  This issue esentially eliminates any credibility you would have in a "they told me that....." type of case. Additionally, 99% of banking institutions send various forms of monthy statememts on such accounts, so there was likely numerous opportunities for you to address this issue if there was a misunderstanding. You can also review your account documents as they will say in writing how charges are assessed or waived for certain balances. If you have issues maintaining your accounts due to thinking difficulties, you may want to consider having someone you trust appointed as guardian or at least assist you with such issues. 

  • Q
    Neighbor disputes
    Civil Litigation  |  Jan 3rd, 2018
    Mark Tischhauser, Esq.   The answer is simple. Unless you want to soend an inordinate amount of money on legal fees addressing this issue, you are moving. That wil eliminate the problem. 
    x
    neighbor disputes
    Answer

    The answer is simple. Unless you want to soend an inordinate amount of money on legal fees addressing this issue, you are moving. That wil eliminate the problem. 

  • Q
    What is your interpretation of article 4 & 6 for a seasonal lease in Jupiter, Florida. I have a dispute on this issue
    Landlord and Tenant Law  |  Jan 4th, 2018
    Mark Tischhauser, Esq.   There is no legal interpretaton you will get by a lay person reciting an summary of a lease provision. Any competent lawyer will need to review the entire document and in this instance possibly your contract with your leasing agent. As an example and for a start, absent the agents being signing part...
    x
    What is your interpretation of article 4 & 6 for a seasonal lease in Jupiter, Florida. I have a dispute on this issue
    Answer

    There is no legal interpretaton you will get by a lay person reciting an summary of a lease provision. Any competent lawyer will need to review the entire document and in this instance possibly your contract with your leasing agent. As an example and for a start, absent the agents being signing parties, THEY likely can't violate a contract term they are not parties to. If there is an issue that you wish to pusue or get advice about you will need to retain a lawyer in proper fashion to do so and go from there. 

  • Q
    Can you appeal a case against animal services for dogs being accused of killing domestic animals?
    Animal Law  |  Dec 28th, 2017
    Mark Tischhauser, Esq.   There is likely some sort of appeal process from an admistrative determination or some other legal action to intervene. Problem may be when ALL your neighbors claim its your dogs as proof issues may be a problem. 
    x
    Can you appeal a case against animal services for dogs being accused of killing domestic animals?
    Answer

    There is likely some sort of appeal process from an admistrative determination or some other legal action to intervene. Problem may be when ALL your neighbors claim its your dogs as proof issues may be a problem. 

  • Q
    Okay so i work at a store and i was wondering is it legal to record customers stealing or about to steal something without them knowing
    Consumer Fraud  |  Dec 29th, 2017
    Mark Tischhauser, Esq.   Likely allowable BUT you need to speak with your store management as to whether or not they want you doing such things. 
    x
    Okay so i work at a store and i was wondering is it legal to record customers stealing or about to steal something without them knowing
    Answer

    Likely allowable BUT you need to speak with your store management as to whether or not they want you doing such things. 

  • Q
    Not sure if it is comsidered defamation or slander
    Civil Litigation  |  Dec 28th, 2017
    Mark Tischhauser, Esq.   "Insinuating that my spouse may not be the father of our child, for all he knows he could be the father. " THAT type of issue really goes to the core of the inquiry about "defamation" combined with the perhaps inadvertently omitted denial of the allegations of infidelity. To be clear, making al...
    x
    Not sure if it is comsidered defamation or slander
    Answer

    "Insinuating that my spouse may not be the father of our child, for all he knows he could be the father. " THAT type of issue really goes to the core of the inquiry about "defamation" combined with the perhaps inadvertently omitted denial of the allegations of infidelity. To be clear, making allegations alone is not actionable at all,  nor is telling the truth on someone, even with a mean spirit. Now assuming the allegation ARE FALSE then you would possibly have a defamation or some similar type of lawsuit against the ex-brother  in law. As such lawsuits are typically very expensive to fund, you will need to weigh the cost vs the situation as to whether such a lawsuit is viable. 

  • Q
    Is possible to sue a dentist...?
    Medical Malpractice  |  Dec 28th, 2017
    Mark Tischhauser, Esq.   Possible but not likely on a root canal case unless there are substantial if not catastrophic damages. 
    x
    Is possible to sue a dentist...?
    Answer

    Possible but not likely on a root canal case unless there are substantial if not catastrophic damages. 

  • Q
    Failed left patella tendon repair
    Medical Malpractice  |  Dec 29th, 2017
    Mark Tischhauser, Esq.   Possibility yes but not inherently. You will need to consult with a local malpractice lawyer and will need to retain a medical expert at some expense to make such a determination. Generally and unsuccessful srugery alone is NOT malpractice and the incoveneince of additional rehab is not suffiicent d...
    x
    Failed left patella tendon repair
    Answer

    Possibility yes but not inherently. You will need to consult with a local malpractice lawyer and will need to retain a medical expert at some expense to make such a determination. Generally and unsuccessful srugery alone is NOT malpractice and the incoveneince of additional rehab is not suffiicent damages for most lawyers to undertake a medical malpractice case. There generally needs to be some catastrophic injury. 

  • Q
    What steps do I make to sue my ex for breach of contract
    Breach of Contract  |  Dec 29th, 2017
    Mark Tischhauser, Esq.   You will need to hire a lawyer to do so....lawsuits are NOT DIY projects regardless of who told you otherwise., 
    x
    What steps do I make to sue my ex for breach of contract
    Answer

    You will need to hire a lawyer to do so....lawsuits are NOT DIY projects regardless of who told you otherwise., 

  • Q
    My boyfriend agreed to make payments on a truck I bought and has now refused to do so
    Civil Litigation  |  Dec 21st, 2017
    Mark Tischhauser, Esq.   Your likely going to have to spend a good deal of money on a lawyer to skip trace his guy and serve him with a "replevin" type lawsuit in conjunction with hiring a private repo agent to try to locate and repo the car. You can try reporting it stolen but under the facts presented law enforcement will...
    x
    My boyfriend agreed to make payments on a truck I bought and has now refused to do so
    Answer

    Your likely going to have to spend a good deal of money on a lawyer to skip trace his guy and serve him with a "replevin" type lawsuit in conjunction with hiring a private repo agent to try to locate and repo the car. You can try reporting it stolen but under the facts presented law enforcement will probably treat this as a "civil matter" not a crminal one

  • Q
    I'm being sued by a financial institution
    Debtor and Creditor  |  Dec 21st, 2017
    Mark Tischhauser, Esq.   You may want to file bankruptcy or hire a BK lawyer to review your assests and you may be "judgment proof" if you are on SS, depending on your assets. Otherwise, if you have substantial assets, you will need to hire a lawyer to address this lawsuit and do damage control to aovid a ludgement being en...
    x
    I'm being sued by a financial institution
    Answer

    You may want to file bankruptcy or hire a BK lawyer to review your assests and you may be "judgment proof" if you are on SS, depending on your assets. Otherwise, if you have substantial assets, you will need to hire a lawyer to address this lawsuit and do damage control to aovid a ludgement being entered if possible. 

  • Q
    Can you refer me to an attorney who can force the three major credit reporting agencys to correct their information on me.
    Libel, Slander and Defamation  |  Dec 22nd, 2017
    Mark Tischhauser, Esq.   You need to puruse and action under the FCRA. We handle those cases, however, most are NOT handled on contingent fee, but require payment of legal fees up front and seeking reimbursement from the court later shoudl you prevail. 
    x
    Can you refer me to an attorney who can force the three major credit reporting agencys to correct their information on me.
    Answer

    You need to puruse and action under the FCRA. We handle those cases, however, most are NOT handled on contingent fee, but require payment of legal fees up front and seeking reimbursement from the court later shoudl you prevail. 

  • Q
    In the state of Florida, does a landlord have to give its tenants a written notice of a rent increase?
    Landlord and Tenant Law  |  Dec 22nd, 2017
    Mark Tischhauser, Esq.   If its a periodic tenancy, not a lease, just 1/2 the rent period advance notice in wiriting. So if its month to month, 2 weeks advance written notice. 
    x
    In the state of Florida, does a landlord have to give its tenants a written notice of a rent increase?
    Answer

    If its a periodic tenancy, not a lease, just 1/2 the rent period advance notice in wiriting. So if its month to month, 2 weeks advance written notice. 

  • Q
    Dealer lied about financing options and rates
    Consumer Fraud  |  Dec 23rd, 2017
    Mark Tischhauser, Esq.   Hmmmmm.....there is a lot missing from these facts, starting with you being foolish enough to believe the dealer claiming "you bank reconsidered" on a pre-approval letter, without you even contacting the back to verify thats true. That stated there may be any number of TILA or Fla. Stat. 501.976 typ...
    x
    Dealer lied about financing options and rates
    Answer

    Hmmmmm.....there is a lot missing from these facts, starting with you being foolish enough to believe the dealer claiming "you bank reconsidered" on a pre-approval letter, without you even contacting the back to verify thats true. That stated there may be any number of TILA or Fla. Stat. 501.976 type violations here that could be used to seek whats called recission. The issue will be your willingness to spendmoney onlegal fees to try and undo the deal you made. 

  • Q
    Ex girlfriend took deadbolt apart and stole back my ring when I was not there and finally found pawn slip in her name this is ruining my credit
    Civil Litigation  |  Dec 25th, 2017
    Mark Tischhauser, Esq.   Short of having her arrested and convicted of theft and hiring a lawyer to pursue a proper Illegal Pawn case under Fla. Stat. 539, not much. There is no means that her actions should "ruin your credit" as you would be oblogated to pay for the ring regardles and Pawn items are not reported to credit ...
    x
    Ex girlfriend took deadbolt apart and stole back my ring when I was not there and finally found pawn slip in her name this is ruining my credit
    Answer

    Short of having her arrested and convicted of theft and hiring a lawyer to pursue a proper Illegal Pawn case under Fla. Stat. 539, not much. There is no means that her actions should "ruin your credit" as you would be oblogated to pay for the ring regardles and Pawn items are not reported to credit bureaus. Its matter of you spending money on legal fees  to recvoer the ring  from the pawn broker  - who are often weasles themselves. 

  • Q
    Need to call to court medical Doctor who claim i give permission to admit mom to hospice unit where she died but I never give consent for that as th
    Medical Malpractice  |  Dec 26th, 2017
    Mark Tischhauser, Esq.   I can assure you that there is no "fear" in suing the hospital OTHER than the fear of financial loss or impact to a law firm if you are looking for a contingent fee case, where the lawyer does all the work and foots all the bills only to be paid if and when they "win". If you mother was elderly, the...
    x
    need to call to court medical Doctor who claim i give permission to admit mom to hospice unit where she died but I never give consent for that as th
    Answer

    I can assure you that there is no "fear" in suing the hospital OTHER than the fear of financial loss or impact to a law firm if you are looking for a contingent fee case, where the lawyer does all the work and foots all the bills only to be paid if and when they "win". If you mother was elderly, these are extremely difficult cases due to finanical limitations in the wrongful death and medical malpractice statutes. That stated, if you are intent on "having your day in court" and "seeking justice" the most likely scenario for that to occur under the facts presented will be for the family to fund a legal action or inquiry by personal representative of her estate. This will be an expensive endeavor so plan on committing $10-20,000.00 up front as a retainer for legal fees and costs. 

  • Q
    Can the electric company turn off power w/a elderly person in the house
    Debtor and Creditor  |  Dec 26th, 2017
    Mark Tischhauser, Esq.   Yep. No pay the bill - no service. YOu need to contact some charitable organizations or legal aid, and if there is a medical emergency without electricity, any local organizations that may be able to accept your husband as an indigent patient. 
    x
    Can the electric company turn off power w/a elderly person in the house
    Answer

    Yep. No pay the bill - no service. YOu need to contact some charitable organizations or legal aid, and if there is a medical emergency without electricity, any local organizations that may be able to accept your husband as an indigent patient. 

  • Q
    How can I get compensated for wrongful arrrest and wrongful imprisonment if I lost everything I owned and the state attorneys office nolprossed my cas
    Civil Litigation  |  Dec 21st, 2017
    Mark Tischhauser, Esq.   Just because a case is Nolle Prossed does NOT mean it was a wrongful arrest. You will need to PROVE not allege that the charges were essentially fabricated for some evil motive. You will also need to PROVE how this event cause you to lose everything you owned, which seems exaggerated based on the fa...
    x
    How can I get compensated for wrongful arrrest and wrongful imprisonment if I lost everything I owned and the state attorneys office nolprossed my cas
    Answer

    Just because a case is Nolle Prossed does NOT mean it was a wrongful arrest. You will need to PROVE not allege that the charges were essentially fabricated for some evil motive. You will also need to PROVE how this event cause you to lose everything you owned, which seems exaggerated based on the facts. 

  • Q
    Medical malpractice
    Medical Malpractice  |  Dec 21st, 2017
    Mark Tischhauser, Esq.   Nothing here for malpractice on the facts presented. You need to get your brother to the doctors office so they can address this or if need be have him Baker Acted. 
    x
    Medical malpractice
    Answer

    Nothing here for malpractice on the facts presented. You need to get your brother to the doctors office so they can address this or if need be have him Baker Acted. 

  • Q
    Do i have to be harassed by apartment mananger
    Animal Law  |  Dec 19th, 2017
    Mark Tischhauser, Esq.   This is a classic histrionic bouncing ball tenant complaint, that makes little sense as posted. Bottom liine is if the LL is trying to evict you, you probably need to actually hire a tenant/renters rights lawyer to address such an issue in proper fashion. 
    x
    do i have to be harassed by apartment mananger
    Answer

    This is a classic histrionic bouncing ball tenant complaint, that makes little sense as posted. Bottom liine is if the LL is trying to evict you, you probably need to actually hire a tenant/renters rights lawyer to address such an issue in proper fashion. 

  • Q
    Attorney Disbarred what is the process for her Unpaid record storage files
    Breach of Contract  |  Dec 19th, 2017
    Mark Tischhauser, Esq.   You will need to hire a lawyer to address this specifically if you dont have a corporate one already. As the records may contain private finanical informatin or HIPAA involved PHI, you don't want to get sued for some irresponisble disclsoure. 
    x
    Attorney Disbarred what is the process for her Unpaid record storage files
    Answer

    You will need to hire a lawyer to address this specifically if you dont have a corporate one already. As the records may contain private finanical informatin or HIPAA involved PHI, you don't want to get sued for some irresponisble disclsoure. 

  • Q
    Can I take any action to correct this?
    Consumer Law  |  Dec 19th, 2017
    Mark Tischhauser, Esq.   Do in the sense of what? This may be a violation of Fla. Stat. 501.976, but you will need a lawyer to pursue such case and its a matter of cost vs. value. 
    x
    Can I take any action to correct this?
    Answer

    Do in the sense of what? This may be a violation of Fla. Stat. 501.976, but you will need a lawyer to pursue such case and its a matter of cost vs. value. 

  • Q
    Dog barking trying to sell our home ask neighbor to keep her dogs quiet.
    Animal Law  |  Dec 20th, 2017
    Mark Tischhauser, Esq.   Nothing practical you can do. It is what it is and your best bet is to try to schedule viewings at times when the dogs aren't as yappy. 
    x
    Dog barking trying to sell our home ask neighbor to keep her dogs quiet.
    Answer

    Nothing practical you can do. It is what it is and your best bet is to try to schedule viewings at times when the dogs aren't as yappy. 

  • Q
    Total loss of my car on thanksgiving day. There was an engine malfunction on a 2015 Camaro, brand new. Insurance found nothing wrong, waiting on GM.
    Automobile Accidents  |  Dec 20th, 2017
    Mark Tischhauser, Esq.   Do you want answers or money? Because I am hearing one but seeing the other. Answers is easy, you hire an arson/fire investigator and possibly an automotive engineer, at some expense unfortunately, andhave them examine the vehicle. They should be able to give you some answer as to what caused this t...
    x
    Total loss of my car on thanksgiving day. There was an engine malfunction on a 2015 Camaro, brand new. Insurance found nothing wrong, waiting on GM.
    Answer

    Do you want answers or money? Because I am hearing one but seeing the other. Answers is easy, you hire an arson/fire investigator and possibly an automotive engineer, at some expense unfortunately, andhave them examine the vehicle. They should be able to give you some answer as to what caused this to occur. OTHER than that - the abiity to recover more money is limited to the facts and the insurance coverage available. If there is no more or the facts don't support other liablities, it is what it is. You may also want to check to see if you had GAP coverage on the purchase as that is separate and you need to make a separate claim. 

  • Q
    Can I sue a Breeder for not refunding the cost of a puppy that has now been diagnosed with joint disease at 9 months old.
    Animal Law  |  Dec 18th, 2017
    Mark Tischhauser, Esq.   You will need to ask a Georgia lawyer. 
    x
    Can I sue a Breeder for not refunding the cost of a puppy that has now been diagnosed with joint disease at 9 months old.
    Answer

    You will need to ask a Georgia lawyer. 

  • Q
    I have a warranty the shop said the transmission needed to be replaced the warranty company said it did not now the transmission is out
    Contracts  |  Dec 18th, 2017
    Mark Tischhauser, Esq.   You will likely have a warranty lawsuit to pursue. On a postive note, the legal fee you pay for such cases can usually be recovered from the warranty company if you win. 
    x
    I have a warranty the shop said the transmission needed to be replaced the warranty company said it did not now the transmission is out
    Answer

    You will likely have a warranty lawsuit to pursue. On a postive note, the legal fee you pay for such cases can usually be recovered from the warranty company if you win. 

  • Q
    Suggestions for handling a warranty scam
    Civil Litigation  |  Dec 13th, 2017
    Mark Tischhauser, Esq.   You'll need to hire a lawyer to handle this. Its a typical Fla. Stat. 501.976 type issue and a common scam.
    x
    Suggestions for handling a warranty scam
    Answer

    You'll need to hire a lawyer to handle this. Its a typical Fla. Stat. 501.976 type issue and a common scam.

  • Q
    Under Florida Statue, what exactly is Slander and defamation.
    Libel, Slander and Defamation  |  Dec 14th, 2017
    Mark Tischhauser, Esq.   Defamation is a false statement of fact made that injures anothers reputation, libel being written and slander verbal. 
    x
    Under Florida Statue, what exactly is Slander and defamation.
    Answer

    Defamation is a false statement of fact made that injures anothers reputation, libel being written and slander verbal. 

  • Q
    I was scammed of $650 on the the e-commerce platform OpenBazaar
    Consumer Fraud  |  Dec 14th, 2017
    Mark Tischhauser, Esq.   If you want to spend the money to fund expensive litigation, you sue just about anyone. Its a matter of finanical decision as a starting point and you will spend far more than the $650.00 with any type of law suit. 
    x
    I was scammed of $650 on the the e-commerce platform OpenBazaar
    Answer

    If you want to spend the money to fund expensive litigation, you sue just about anyone. Its a matter of finanical decision as a starting point and you will spend far more than the $650.00 with any type of law suit. 

  • Q
    An OBGYN inserted an IUD in me when I was 5 weeks pregnant. Now my baby and I are both at risk.
    Medical Malpractice  |  Dec 15th, 2017
    Mark Tischhauser, Esq.   You would need a written opinin from another OB-GYN but I would venture no as there was no positive test for your preganacy as start. 
    x
    An OBGYN inserted an IUD in me when I was 5 weeks pregnant. Now my baby and I are both at risk.
    Answer

    You would need a written opinin from another OB-GYN but I would venture no as there was no positive test for your preganacy as start. 

  • Q
    Can I sue a commercial cat breeder?
    Animal Law  |  Dec 15th, 2017
    Mark Tischhauser, Esq.   Sure. Its possible if you want to spend the money on legal fees making the effort. There are several issues that can be addressed including the breeder statute requirements. 
    x
    Can I sue a commercial cat breeder?
    Answer

    Sure. Its possible if you want to spend the money on legal fees making the effort. There are several issues that can be addressed including the breeder statute requirements. 

  • Q
    We have a neighbor who has continued to harass us about our kids playing outside in our back own yard. They have called the city/police on the 6 y.o.
    Civil Litigation  |  Dec 16th, 2017
    Mark Tischhauser, Esq.   " We have to put an end to this defamation of our character" You will probably need to hire a lawyer, albiet at some significant expense, to pursue a legal action against the neighbor if you feel this will resolve the conflict. Other than that - the remedy will be to find a way to move eslewher...
    x
    We have a neighbor who has continued to harass us about our kids playing outside in our back own yard. They have called the city/police on the 6 y.o.
    Answer

    " We have to put an end to this defamation of our character" You will probably need to hire a lawyer, albiet at some significant expense, to pursue a legal action against the neighbor if you feel this will resolve the conflict. Other than that - the remedy will be to find a way to move eslewhere. 

  • Q
    Can I sue emergency vet hospital for misdiagnosis
    Animal Law  |  Dec 17th, 2017
    Mark Tischhauser, Esq.   No. There are no real damages here. This is also simply what occurs when you have emergency late night care and quibble about the expense. They will claim they wanted to do proper testing but you squawked about the expense so they did what they could. You can file a complaint with the vet board and ...
    x
    Can I sue emergency vet hospital for misdiagnosis
    Answer

    No. There are no real damages here. This is also simply what occurs when you have emergency late night care and quibble about the expense. They will claim they wanted to do proper testing but you squawked about the expense so they did what they could. You can file a complaint with the vet board and they can deal with the professional propriety of it all but there is no finanically viable civil case here. 

  • Q
    A doctor that I had only seen twice prescribe me a very high dose of Klonopin
    Medical Malpractice  |  Dec 18th, 2017
    Mark Tischhauser, Esq.   Not likely. This needs tp be addressed with the DUI lawyer as the toxicology report in this instance will be critical. 
    x
    A doctor that I had only seen twice prescribe me a very high dose of Klonopin
    Answer

    Not likely. This needs tp be addressed with the DUI lawyer as the toxicology report in this instance will be critical. 

  • Q
    how can I go about suing Google they charged my bank account without my approval then made me go buy $40 in gift cards to get my money back
    Consumer Law  |  Dec 17th, 2017
    Mark Tischhauser, Esq.   This doesnt sound like Google but some sort of scam. You need to stop and start examining this in detail before you do anything else and treat this like an ID theft. 
    x
    how can I go about suing Google they charged my bank account without my approval then made me go buy $40 in gift cards to get my money back
    Answer

    This doesnt sound like Google but some sort of scam. You need to stop and start examining this in detail before you do anything else and treat this like an ID theft. 

  • Q
    Car accident
    Civil Litigation  |  Dec 11th, 2017
    Mark Tischhauser, Esq.   This is a dimuniton of value case. Very difficult and expensive to pursue and not usually worth the effort absent a substantial loss on an expensive car. 
    x
    Car accident
    Answer

    This is a dimuniton of value case. Very difficult and expensive to pursue and not usually worth the effort absent a substantial loss on an expensive car. 

  • Q
    I need a lawyer who handles veterinarian malpractice cases in largo fl
    Animal Law  |  Dec 11th, 2017
    Mark Tischhauser, Esq.   Those facts in and of themselves are not a basis for any type of legal claim. You will need to show that the Vet acted improperly and caused the animals death. Unfortunately, such cases ae typically not handled on a contingent fee by most lawyers so you will likely be paying out of pocket for legal ...
    x
    I need a lawyer who handles veterinarian malpractice cases in largo fl
    Answer

    Those facts in and of themselves are not a basis for any type of legal claim. You will need to show that the Vet acted improperly and caused the animals death. Unfortunately, such cases ae typically not handled on a contingent fee by most lawyers so you will likely be paying out of pocket for legal fees to prosecute such a case. On a positive note, if there are substantial damages, this can actually be a financil benefit if the defendants settle the claim early. 

  • Q
    Can I sue?
    Automobile Accidents  |  Dec 10th, 2017
    Mark Tischhauser, Esq.   Not inherently. This would depend on a variety of factors, especially with an 11 year old car. You would need to show that the battery caught on fire for some specific reason that was not a maintenance failure on your part to start. This may require examination by an expert to testify
    x
    Can I sue?
    Answer

    Not inherently. This would depend on a variety of factors, especially with an 11 year old car. You would need to show that the battery caught on fire for some specific reason that was not a maintenance failure on your part to start. This may require examination by an expert to testify

  • Q
    Can my landlord look at my bank account?
    Landlord and Tenant Law  |  Dec 11th, 2017
    Mark Tischhauser, Esq.   Absent you giving the LL access to your online banking or some documentation otherwise, there is no legitimate means for a LL to have access to such information. If you give them access voluntarily, then answer is yes. 
    x
    Can my landlord look at my bank account?
    Answer

    Absent you giving the LL access to your online banking or some documentation otherwise, there is no legitimate means for a LL to have access to such information. If you give them access voluntarily, then answer is yes. 

  • Q
    I was scammed of over $1000 in A Crypto Currency(bitcoin)
    Consumer Fraud  |  Dec 11th, 2017
    Mark Tischhauser, Esq.   Such cases are VERY expensive to litigate and difficult to handle effectively. If you are so inclined, and have the resources to pursue such a case, you simply need to retain a lawyer and move forward with it. You can also file claims with the AG or SEC but dont expect any refunds any time soon.
    x
    I was scammed of over $1000 in A Crypto Currency(bitcoin)
    Answer

    Such cases are VERY expensive to litigate and difficult to handle effectively. If you are so inclined, and have the resources to pursue such a case, you simply need to retain a lawyer and move forward with it. You can also file claims with the AG or SEC but dont expect any refunds any time soon.

  • Q
    What can I do about the problem I have where I live with my 2year old and my 2month baby .i have MOLE and my apartment what can i do
    Landlord and Tenant Law  |  Dec 11th, 2017
    Mark Tischhauser, Esq.   You move.....thats the solution.You can talk to your LL about terminating the tenancy and moving by agreement. If there is a dispute over this, you can hire a lawyer to help with a 7 day letter to create a basis for termination if the LL doesn't fix the mold problem. 
    x
    what can I do about the problem I have where I live with my 2year old and my 2month baby .i have MOLE and my apartment what can i do
    Answer

    You move.....thats the solution.You can talk to your LL about terminating the tenancy and moving by agreement. If there is a dispute over this, you can hire a lawyer to help with a 7 day letter to create a basis for termination if the LL doesn't fix the mold problem. 

  • Q
    How do I fight an insurance company?
    Insurance  |  Dec 11th, 2017
    Mark Tischhauser, Esq.   This is a problem with third party property damage cases, especially for low end cars. They aren't worth spending money on to litigate over, the inurance carrier knows this and lowballs and lawyers won't take the cases on a contingent fee, again, not financially viable. This is why its critical ot h...
    x
    How do I fight an insurance company?
    Answer

    This is a problem with third party property damage cases, especially for low end cars. They aren't worth spending money on to litigate over, the inurance carrier knows this and lowballs and lawyers won't take the cases on a contingent fee, again, not financially viable. This is why its critical ot have collision coverage on your car. Your remedy is to file a lawsuit against the at fault driver for damages - though you may be throwing good money after bad doing so, unless the insurer capitulates. 

  • Q
    Is this a case that is worth pursuing?
    Automobile Accidents  |  Dec 12th, 2017
    Mark Tischhauser, Esq.   No way to tell from an internet blurb. They are likely raising an abuse or improper maintenance defense and you will have to prove otherwise with a mechanic expert, likely in a lawsuit. Depending on the vlaue of the car, you need to retain a lawyer to address this, especially if a law suit is needed...
    x
    Is this a case that is worth pursuing?
    Answer

    No way to tell from an internet blurb. They are likely raising an abuse or improper maintenance defense and you will have to prove otherwise with a mechanic expert, likely in a lawsuit. Depending on the vlaue of the car, you need to retain a lawyer to address this, especially if a law suit is needed. 

  • Q
    Please define "lifetime warranty"
    Consumer Law  |  Dec 12th, 2017
    Mark Tischhauser, Esq.   First, this is a commerical issue and as such you cannot possibly use internet blurbs as a substitute for actually hiring legal counsel or corporate counsel. Second, such things are defined by the terms of the "warranty" itself. If a competitors marketing is at issue you may need to consider some me...
    x
    please define "lifetime warranty"
    Answer

    First, this is a commerical issue and as such you cannot possibly use internet blurbs as a substitute for actually hiring legal counsel or corporate counsel. Second, such things are defined by the terms of the "warranty" itself. If a competitors marketing is at issue you may need to consider some means of taking them to task though this may mean spending money on legal fees to address such an issue. 

  • Q
    I have a breach of warranty question involving an automaker
    Breach of Contract  |  Dec 12th, 2017
    Mark Tischhauser, Esq.   This is essentially a Lemon Law or warranty issue. You will likely need to hire a lawyer to pursue such an issue and need to do so ASAP. 
    x
    I have a breach of warranty question involving an automaker
    Answer

    This is essentially a Lemon Law or warranty issue. You will likely need to hire a lawyer to pursue such an issue and need to do so ASAP. 

  • Q
    Need help, Mortgage Contract Breach and what happens. Contract signed by all parties. Seller does not want to move by closing date, no extension
    Breach of Contract  |  Dec 7th, 2017
    Mark Tischhauser, Esq.   You need to hire either a real estate transactional or civil litigation attorney to resolve this. 
    x
    need help, Mortgage Contract Breach and what happens. Contract signed by all parties. Seller does not want to move by closing date, no extension
    Answer

    You need to hire either a real estate transactional or civil litigation attorney to resolve this. 

  • Q
    When asked to add both home owners name to a civil suit, can one state they assign rights to the other without living stipulated this in the beginning
    Landlord and Tenant Law  |  Dec 7th, 2017
    Mark Tischhauser, Esq.   Not sure what you are trying to accomplish other than delay and driving up legal fees you may find yourself paying with such a ploy. 
    x
    When asked to add both home owners name to a civil suit, can one state they assign rights to the other without living stipulated this in the beginning
    Answer

    Not sure what you are trying to accomplish other than delay and driving up legal fees you may find yourself paying with such a ploy. 

  • Q
    Do I have a case
    Medical Malpractice  |  Dec 6th, 2017
    Mark Tischhauser, Esq.   Not on the word of a chiropractor - no. There are MANY means of fracturing a vertebra that are not catastrophic and for which there is no real remedy, and the fact that 1 year passed without documented incident simply reinforces that point. 
    x
    Do I have a case
    Answer

    Not on the word of a chiropractor - no. There are MANY means of fracturing a vertebra that are not catastrophic and for which there is no real remedy, and the fact that 1 year passed without documented incident simply reinforces that point. 

  • Q
    MY LANDLORD/OFFICE MGR WONT DO ANYTHING ABOUT UPSTAIRS ALSO EX EMPLOYEE
    Landlord and Tenant Law  |  Dec 5th, 2017
    Mark Tischhauser, Esq.   Not sure what you expect them to actually do. Bottom line is if they are not responsive, unless you have a pile of money to devote to legal fees fighting with the LL/PM, when your lease is up, or if you are MTM, ......move elsewhere. 
    x
    MY LANDLORD/OFFICE MGR WONT DO ANYTHING ABOUT UPSTAIRS ALSO EX EMPLOYEE
    Answer

    Not sure what you expect them to actually do. Bottom line is if they are not responsive, unless you have a pile of money to devote to legal fees fighting with the LL/PM, when your lease is up, or if you are MTM, ......move elsewhere. 

  • Q
    CAN I SUE THEM?
    Automobile Accidents  |  Dec 5th, 2017
    Mark Tischhauser, Esq.   You can sue anyone you like.....but you are likely wasting your time unless they have the money to pay you. There is no ATM at the court house where you win and pick up your money. THAT is why insurance exists. For future reference, if you cannot accept such inconveninces, then you need to get bette...
    x
    CAN I SUE THEM?
    Answer

    You can sue anyone you like.....but you are likely wasting your time unless they have the money to pay you. There is no ATM at the court house where you win and pick up your money. THAT is why insurance exists. For future reference, if you cannot accept such inconveninces, then you need to get better insurance coverage to make sure you minimize such issues. 

  • Q
    My lawyer gave me false information that led to me accepting a settlement without proper information. Is this malpractice and/or can something be done
    Legal Malpractice  |  Dec 5th, 2017
    Mark Tischhauser, Esq.   First, you have no business asking about such things on a legal website. You are a minor and have no say in the settlement of your case as this is controlled entirely by your parents - you are unfortunately NOT the decison maker at that level, so what you know or didn't know is not of consequence. T...
    x
    My lawyer gave me false information that led to me accepting a settlement without proper information. Is this malpractice and/or can something be done
    Answer

    First, you have no business asking about such things on a legal website. You are a minor and have no say in the settlement of your case as this is controlled entirely by your parents - you are unfortunately NOT the decison maker at that level, so what you know or didn't know is not of consequence. That stated - your parents need to address any such concerns with the lawyer and go from there. 

  • Q
    What is the statute of limitations on medical debts
    Debtor and Creditor  |  Dec 5th, 2017
    Mark Tischhauser, Esq.   Generally 4-5 years depending on the details. 
    x
    What is the statute of limitations on medical debts
    Answer

    Generally 4-5 years depending on the details. 

  • Q
    Do I have the right to hold the keys if I payed next months rent (December 1) if I want to move out but can't move out on the first of December?
    Landlord and Tenant Law  |  Nov 26th, 2017
    Mark Tischhauser, Esq.   As long as you are paying the rent, and not violating the lease, you have a right to remain in possessin of the property. 
    x
    Do I have the right to hold the keys if I payed next months rent (December 1) if I want to move out but can't move out on the first of December?
    Answer

    As long as you are paying the rent, and not violating the lease, you have a right to remain in possessin of the property. 

  • Q
    Failure To Protect Disabled Man Under Protective Custody
    Personal Injury  |  Nov 27th, 2017
    Mark Tischhauser, Esq.   Its possible - just a not a generally desireable case for civil damage for a variety of reasons starting with being incarcerated. As such unless the damages are substantial, approaching catastrophic, ala paralyzation, death, etc., you may need to hire a lawyer out of pocket to have them pursue such ...
    x
    Failure To Protect Disabled Man Under Protective Custody
    Answer

    Its possible - just a not a generally desireable case for civil damage for a variety of reasons starting with being incarcerated. As such unless the damages are substantial, approaching catastrophic, ala paralyzation, death, etc., you may need to hire a lawyer out of pocket to have them pursue such a case. 

  • Q
    What happens if my landlord goes to the court for an eviction without first serving me a 3 day notice to quit?
    Landlord and Tenant Law  |  Nov 27th, 2017
    Mark Tischhauser, Esq.   You have a defense that you can raise if you can prove the allegation. Its a difficult task so you are best off hiring a lawyer to address the issue. 
    x
    What happens if my landlord goes to the court for an eviction without first serving me a 3 day notice to quit?
    Answer

    You have a defense that you can raise if you can prove the allegation. Its a difficult task so you are best off hiring a lawyer to address the issue. 

  • Q
    My question is does someone have the right to tell you that you cannot take an emotional dog into a office after you've been going there for 3 years
    Animal Law  |  Dec 5th, 2017
    Mark Tischhauser, Esq.   Yes. It depends on the issues and why, but if the dog is disruptive or causing issues its possible. 
    x
    My question is does someone have the right to tell you that you cannot take an emotional dog into a office after you've been going there for 3 years
    Answer

    Yes. It depends on the issues and why, but if the dog is disruptive or causing issues its possible. 

  • Q
    Medical Malpractice Claim Against Corizon Helath - $324K In Medical Bills For Follow-Up Corrective Treatments
    Medical Malpractice  |  Nov 27th, 2017
    Mark Tischhauser, Esq.   Unfortunately, if you have a history of criminal incaceration and laundry list of chronic conditions, claiming damage to your credit or access to housing or wage loss is likely a stretch. 
    x
    Medical Malpractice Claim Against Corizon Helath - $324K In Medical Bills For Follow-Up Corrective Treatments
    Answer

    Unfortunately, if you have a history of criminal incaceration and laundry list of chronic conditions, claiming damage to your credit or access to housing or wage loss is likely a stretch. 

  • Q
    I had tak e n my motorcycle to a shop for a. Personal loan and i made my first payment then the owner cam to me to wpr it off and wont honor his end o
    Breach of Contract  |  Nov 27th, 2017
    Mark Tischhauser, Esq.   Unfortunately, you will have a really hard time convincing anyone that such a deal was made. People dont bring vehicles to repair shops for loans and if thats what occurred there will be complicated story to unravel. 
    x
    I had tak e n my motorcycle to a shop for a. Personal loan and i made my first payment then the owner cam to me to wpr it off and wont honor his end o
    Answer

    Unfortunately, you will have a really hard time convincing anyone that such a deal was made. People dont bring vehicles to repair shops for loans and if thats what occurred there will be complicated story to unravel. 

  • Q
    What would be considered consumer fraud in Florida?
    Consumer Fraud  |  Nov 28th, 2017
    Mark Tischhauser, Esq.   Subjective dissatisfaction is not the same as fraud. There might be fraud - but you will likely start with a breach of contract issue and then go from there. This will likely require that you hire a lawyer to review your agreement, at some expense, and go from there. 
    x
    What would be considered consumer fraud in Florida?
    Answer

    Subjective dissatisfaction is not the same as fraud. There might be fraud - but you will likely start with a breach of contract issue and then go from there. This will likely require that you hire a lawyer to review your agreement, at some expense, and go from there. 

  • Q
    Do I have to refund a phone that I sold on Facebook?
    Contracts  |  Nov 29th, 2017
    Mark Tischhauser, Esq.   No way to tell what you did or not as far as legality. Its possible if you promised it would work and it didn't or its simply not "unlocked" then you may have issue to deal with. This is the peril of selling things on the internet. 
    x
    Do I have to refund a phone that I sold on Facebook?
    Answer

    No way to tell what you did or not as far as legality. Its possible if you promised it would work and it didn't or its simply not "unlocked" then you may have issue to deal with. This is the peril of selling things on the internet. 

  • Q
    I need to know if I can proceed legally... and how.
    Consumer Fraud  |  Nov 29th, 2017
    Mark Tischhauser, Esq.   This will probably need to hire a lawyer to review your paper work. Unless the truck was expensive it may not be worth the added expense for legal fees if it was purchased AS-IS, but thats a call for you to make. 
    x
    I need to know if I can proceed legally... and how.
    Answer

    This will probably need to hire a lawyer to review your paper work. Unless the truck was expensive it may not be worth the added expense for legal fees if it was purchased AS-IS, but thats a call for you to make. 

  • Q
    Do I file a small claims in Florida county the defendant is located or the county the plaintiff is located in?
    Collections  |  Nov 29th, 2017
    Mark Tischhauser, Esq.   If your legal knowledge base is that limited, its a clear sign that you need to retain a lawyer to take any action in court. Small claims court is NOT Judge Judy and i has a great deal of formality. 
    x
    Do I file a small claims in Florida county the defendant is located or the county the plaintiff is located in?
    Answer

    If your legal knowledge base is that limited, its a clear sign that you need to retain a lawyer to take any action in court. Small claims court is NOT Judge Judy and i has a great deal of formality. 

  • Q
    If someone puts something on facebook to ruin your reputation can you sue
    Libel, Slander and Defamation  |  Nov 29th, 2017
    Mark Tischhauser, Esq.   Generally yes - there are a lot of variables but its possible if you want to spend the money to do so. Such cases are not inexpensive and can be very contentious as you might expect. 
    x
    if someone puts something on facebook to ruin your reputation can you sue
    Answer

    Generally yes - there are a lot of variables but its possible if you want to spend the money to do so. Such cases are not inexpensive and can be very contentious as you might expect. 

  • Q
    What are my options
    Breach of Contract  |  Dec 1st, 2017
    Mark Tischhauser, Esq.   Neither from the facts presented. This is a contract dispute. You will likely need to hire a lawyer now, that you should have hired months ago. 
    x
    What are my options
    Answer

    Neither from the facts presented. This is a contract dispute. You will likely need to hire a lawyer now, that you should have hired months ago. 

  • Q
    Involved in MVA, Seatbelt yes, incurred a traffic infraction. Airbag from steering wheel never deployed. Possible head injury involving steering wheel
    Automobile Accidents  |  Dec 1st, 2017
    Mark Tischhauser, Esq.   Sorry to hear......the question was?
    x
    Involved in MVA, Seatbelt yes, incurred a traffic infraction. Airbag from steering wheel never deployed. Possible head injury involving steering wheel
    Answer

    Sorry to hear......the question was?

  • Q
    Can your x husband sell a noble home you are on the title without you
    Contracts  |  Dec 1st, 2017
    Mark Tischhauser, Esq.   If you signed papers of some sort - possibly. You will need to hire a lawyer to review this issue, at some expense, and figure out where to go from there. 
    x
    Can your x husband sell a noble home you are on the title without you
    Answer

    If you signed papers of some sort - possibly. You will need to hire a lawyer to review this issue, at some expense, and figure out where to go from there. 

  • Q
    What can I do to recover by deposit from a window contractor who never order windows from the supplier and now claims that he doesn't have any money?
    Consumer Fraud  |  Dec 1st, 2017
    Mark Tischhauser, Esq.   You will need to hire a lawyer to sue them and try to get a judgment or settlement. Collecting will be a problem but it may be worth spending some additional money in an effort to try to get reimbursement of the funds already paid. In the future NEVER pay for such services in advance. 
    x
    What can I do to recover by deposit from a window contractor who never order windows from the supplier and now claims that he doesn't have any money?
    Answer

    You will need to hire a lawyer to sue them and try to get a judgment or settlement. Collecting will be a problem but it may be worth spending some additional money in an effort to try to get reimbursement of the funds already paid. In the future NEVER pay for such services in advance. 

  • Q
    A friend is renting a room to a woman who has not paid the verbally agreed upon rent.
    Landlord and Tenant Law  |  Dec 1st, 2017
    Mark Tischhauser, Esq.   Your freind needs to hire a landlord attorney to handle this at some expense. There is no shortcut. 
    x
    A friend is renting a room to a woman who has not paid the verbally agreed upon rent.
    Answer

    Your freind needs to hire a landlord attorney to handle this at some expense. There is no shortcut. 

  • Q
    I bite a piece of wood inside my taco bell burito what can I do
    Consumer Law  |  Dec 1st, 2017
    Mark Tischhauser, Esq.   Not unless you want to pay legal fees up front to pursue such an issue. There are no damages described so its not worth much financially. 
    x
    I bite a piece of wood inside my taco bell burito what can I do
    Answer

    Not unless you want to pay legal fees up front to pursue such an issue. There are no damages described so its not worth much financially. 

  • Q
    Is there a statute of limitations on "unpaid attorney fees?
    Debtor and Creditor  |  Dec 1st, 2017
    Mark Tischhauser, Esq.   Yes - the same as any other contract.
    x
    Is there a statute of limitations on "unpaid attorney fees?
    Answer

    Yes - the same as any other contract.

  • Q
    I found something in my drink from dairy queeb
    Civil Litigation  |  Dec 3rd, 2017
    Mark Tischhauser, Esq.   Unless the something is identified and causes harm......not sure what you are asking, but there is no legal case there. 
    x
    I found something in my drink from dairy queeb
    Answer

    Unless the something is identified and causes harm......not sure what you are asking, but there is no legal case there. 

  • Q
    Neighbor dispute
    Animal Law  |  Dec 3rd, 2017
    Mark Tischhauser, Esq.   This is a Hatfields vs. McCoys case. You will need to spend the money to retain a lawyer to address this and do so ASAP.
    x
    Neighbor dispute
    Answer

    This is a Hatfields vs. McCoys case. You will need to spend the money to retain a lawyer to address this and do so ASAP.

  • Q
    Is it ok to serve someone for libel defamation at their place of employment.
    Libel, Slander and Defamation  |  Dec 3rd, 2017
    Mark Tischhauser, Esq.   You can serve them where you find them relative to a summons. You can address this with your process server. 
    x
    Is it ok to serve someone for libel defamation at their place of employment.
    Answer

    You can serve them where you find them relative to a summons. You can address this with your process server. 

  • Q
    MAY I DEMAND MY LANDROLD FOR DESCONSIDERATION.
    Landlord and Tenant Law  |  Dec 3rd, 2017
    Mark Tischhauser, Esq.   Unless there is an exclusivity or non-compete provisonin your lease, you will likely have a battleon your hands. You will ned to retain a lawyer ASAP as this is a commerical lease issue and they have a lot more latitude in the terms that residential leases. 
    x
    MAY I DEMAND MY LANDROLD FOR DESCONSIDERATION.
    Answer

    Unless there is an exclusivity or non-compete provisonin your lease, you will likely have a battleon your hands. You will ned to retain a lawyer ASAP as this is a commerical lease issue and they have a lot more latitude in the terms that residential leases. 

  • Q
    What would be the best way for me to get rent that is owed?
    Debtor and Creditor  |  Dec 3rd, 2017
    Mark Tischhauser, Esq.   No such "best" way. Unless she is very wealthy, you are likely wasting your time with any type of lawsuit. This is the peril of "living together" and intertwining finanical issues. 
    x
    What would be the best way for me to get rent that is owed?
    Answer

    No such "best" way. Unless she is very wealthy, you are likely wasting your time with any type of lawsuit. This is the peril of "living together" and intertwining finanical issues. 

  • Q
    Automobile accident
    Automobile Accidents  |  Dec 4th, 2017
    Mark Tischhauser, Esq.   Yes - but its not lilkely worth the effort. There is no ATM at the courthouse when you win. You still have to legally collect the money. 
    x
    Automobile accident
    Answer

    Yes - but its not lilkely worth the effort. There is no ATM at the courthouse when you win. You still have to legally collect the money. 

  • Q
    Being served for nonpayment on credit card. What are my options?
    Collections  |  Dec 4th, 2017
    Mark Tischhauser, Esq.   You'll need to hire a lawyer to defend the lawsuit as you are getting sued in court. You cannot trust the collectors as they will take advanatge of you if they when you go to court on your own. 
    x
    Being served for nonpayment on credit card. What are my options?
    Answer

    You'll need to hire a lawyer to defend the lawsuit as you are getting sued in court. You cannot trust the collectors as they will take advanatge of you if they when you go to court on your own. 

  • Q
    Can something be done?
    Consumer Law  |  Dec 5th, 2017
    Mark Tischhauser, Esq.   No. If you miss your flight for what ever reason it is what it is. While the manager may have been rude, your remedy is to complain to customer service. 
    x
    Can something be done?
    Answer

    No. If you miss your flight for what ever reason it is what it is. While the manager may have been rude, your remedy is to complain to customer service. 

  • Q
    Can a dealer sign a contract for me ?
    Contracts  |  Dec 5th, 2017
    Mark Tischhauser, Esq.   Possibly. Depends on the issue and what the impact of a different contract entails. You may want to hire a lawyer to review this and see whether it impacts you at all. 
    x
    Can a dealer sign a contract for me ?
    Answer

    Possibly. Depends on the issue and what the impact of a different contract entails. You may want to hire a lawyer to review this and see whether it impacts you at all. 

  • Q
    Do they still have to fix our tv?
    Consumer Law  |  Nov 24th, 2017
    Mark Tischhauser, Esq.   The problem here is that the expense of actually resolving this issue is likely going to be moe than the repair cost of the TV. Not sure how this account got sent to Aarons unless there was some sort of buy out, but in theory one or the other may be obligated to fix the TV. 
    x
    Do they still have to fix our tv?
    Answer

    The problem here is that the expense of actually resolving this issue is likely going to be moe than the repair cost of the TV. Not sure how this account got sent to Aarons unless there was some sort of buy out, but in theory one or the other may be obligated to fix the TV. 

  • Q
    Breach of contract group home turn key.
    Breach of Contract  |  Nov 24th, 2017
    Mark Tischhauser, Esq.   You will simply need to spend more money in legal fees to sort this out. Moreover, BEFORE you spend another dime on these "consultants" you need to retain a lawyer to review this transaction and see what you have gotten yourself into.......this whole deal make little senss with the facts pesented.&n...
    x
    Breach of contract group home turn key.
    Answer

    You will simply need to spend more money in legal fees to sort this out. Moreover, BEFORE you spend another dime on these "consultants" you need to retain a lawyer to review this transaction and see what you have gotten yourself into.......this whole deal make little senss with the facts pesented. 

  • Q
    Can I do anything about being scammed ?
    Consumer Fraud  |  Nov 25th, 2017
    Mark Tischhauser, Esq.   Snowballs chance toever see that money again. Report the scam to local law enforcement and see what they can do. Be prepared to be told they will look into it and thats about it. 
    x
    Can I do anything about being scammed ?
    Answer

    Snowballs chance toever see that money again. Report the scam to local law enforcement and see what they can do. Be prepared to be told they will look into it and thats about it. 

  • Q
    Eviction of tenant in my home
    Landlord and Tenant Law  |  Nov 25th, 2017
    Mark Tischhauser, Esq.   You have no idea what you are doing as a landlord. You need to IMMEDIATELY hire a landlord attorney to represent you and help you address this situation properly before you find yourself sued. 
    x
    eviction of tenant in my home
    Answer

    You have no idea what you are doing as a landlord. You need to IMMEDIATELY hire a landlord attorney to represent you and help you address this situation properly before you find yourself sued. 

  • Q
    I'm on Section 8 trying to terminate lease early.
    Landlord and Tenant Law  |  Nov 24th, 2017
    Mark Tischhauser, Esq.   You dont get to terminate a lease because YOU decide you can't afford it anymore.  You need to speak with your section 8 counselor to see what they can do to help you. 
    x
    I'm on Section 8 trying to terminate lease early.
    Answer

    You dont get to terminate a lease because YOU decide you can't afford it anymore.  You need to speak with your section 8 counselor to see what they can do to help you. 

  • Q
    I am worried that a company will file a lawsuit against me for not paying a faudulent invoice
    Consumer Fraud  |  Nov 23rd, 2017
    Mark Tischhauser, Esq.   You can always hire a lawyer if you are willing to pay for the legal fees. 
    x
    I am worried that a company will file a lawsuit against me for not paying a faudulent invoice
    Answer

    You can always hire a lawyer if you are willing to pay for the legal fees. 

  • Q
    Landlord kept entire security deposit. We think it was commingled & spent. Need to sue for civil theft= 3 times damages. Need contingency basis.
    Breach of Contract  |  Nov 23rd, 2017
    Mark Tischhauser, Esq.   Most lawyers will NOT take such a case on a contingent fee basis in a vacuum and those that agree to you should be very wary of. While it is common that LL enage in such conduct routinely, the collection aspect is the most complicated as many small or single famly home LL are effectvively judgment p...
    x
    Landlord kept entire security deposit. We think it was commingled & spent. Need to sue for civil theft= 3 times damages. Need contingency basis.
    Answer

    Most lawyers will NOT take such a case on a contingent fee basis in a vacuum and those that agree to you should be very wary of. While it is common that LL enage in such conduct routinely, the collection aspect is the most complicated as many small or single famly home LL are effectvively judgment proof or more likely to run to file bankruptcy when hit with a substantial judgment. On a positive note, Fla. Stat. 83.48 allow you to get reimbursed for legal fees you expend in such a lawsuit and these get added to the judgment and typically would allow you to keep all the damages awarded. We handle such cases routinely and only represent tenants in that regard. 

  • Q
    Defamation Per Se? An ex told a 3rd party who had no interest in the case that I committed criminal activity connected to a Temp Injunction.
    Litigation  |  Nov 17th, 2017
    Mark Tischhauser, Esq.   Possibly - but this is  difficult case and not one to be pursued without a lawyer as there are waaaayyyy too many complications to be addressed. 
    x
    Defamation Per Se? An ex told a 3rd party who had no interest in the case that I committed criminal activity connected to a Temp Injunction.
    Answer

    Possibly - but this is  difficult case and not one to be pursued without a lawyer as there are waaaayyyy too many complications to be addressed. 

  • Q
    Looking for an attorney to write a letter for me 2A rip off travel agency
    Consumer Fraud  |  Nov 19th, 2017
    Mark Tischhauser, Esq.   any number of lawyers can help you with such a letter. Its simply a matter of cost and you hiring a lawyer for that purpose. 
    x
    Looking for an attorney to write a letter for me 2A rip off travel agency
    Answer

    any number of lawyers can help you with such a letter. Its simply a matter of cost and you hiring a lawyer for that purpose. 

  • Q
    After an 8 year slip rental can we be evicted by ignoring a lease clause which we believe contradicts the letter and intent of FL statute 327.59?
    Landlord and Tenant Law  |  Nov 20th, 2017
    Mark Tischhauser, Esq.   "Marina is threatening $10.000 liquidated damages fine, eviction, etc." THAT is the issue as the statute allows them to impose reasonable charges for securing the boat and there is no statutory standard for such as you described. The real issue is whether they can refuse to lease to you if you won't...
    x
    After an 8 year slip rental can we be evicted by ignoring a lease clause which we believe contradicts the letter and intent of FL statute 327.59?
    Answer

    "Marina is threatening $10.000 liquidated damages fine, eviction, etc." THAT is the issue as the statute allows them to impose reasonable charges for securing the boat and there is no statutory standard for such as you described. The real issue is whether they can refuse to lease to you if you won't make such an agreement and then separately whether you want to spend the money to take them to task otherwise. 

  • Q
    Our Attorneys wife went to my husbands old job and informed his former co workers that my husbands case was resolved and exactly how much he got.
    Legal Malpractice  |  Nov 20th, 2017
    Mark Tischhauser, Esq.   Possibly. This would be more of a breach of confidentiality issue. Not sure what the damages would be and that would be the driving issue for a malpractice case as opposed to simple Florida Bar complaint. 
    x
    our Attorneys wife went to my husbands old job and informed his former co workers that my husbands case was resolved and exactly how much he got.
    Answer

    Possibly. This would be more of a breach of confidentiality issue. Not sure what the damages would be and that would be the driving issue for a malpractice case as opposed to simple Florida Bar complaint. 

  • Q
    Is it malpractice to leave a lodge tampon in the vagina after seeing it on a transvaginal ultrasound..
    Medical Malpractice  |  Nov 20th, 2017
    Mark Tischhauser, Esq.   No more than it would be for you to not realize you have a large tampon there in your hygene regimen. There simply are no damages you described hear that support a medical malpractice claim. You can make a complaint with the ultrasound tech facility but don't expect any legal case or settlement mone...
    x
    Is it malpractice to leave a lodge tampon in the vagina after seeing it on a transvaginal ultrasound..
    Answer

    No more than it would be for you to not realize you have a large tampon there in your hygene regimen. There simply are no damages you described hear that support a medical malpractice claim. You can make a complaint with the ultrasound tech facility but don't expect any legal case or settlement money. 

  • Q
    A Consulting Agreement between 2 parties. Is it a binding Agreement if 1 of the 2 parites DOES NOT sign the Agreement?
    Breach of Contract  |  Nov 21st, 2017
    Mark Tischhauser, Esq.   Not generalluy no.
    x
    A Consulting Agreement between 2 parties. Is it a binding Agreement if 1 of the 2 parites DOES NOT sign the Agreement?
    Answer

    Not generalluy no.

  • Q
    What constitutes deceptive practices by a retailer. I think Home Depot knowingly deceived me and other people.
    Consumer Fraud  |  Nov 22nd, 2017
    Mark Tischhauser, Esq.   Delivery dates are RARELY associated with any guarantee and your subjective planning issues in a building project is likely either a unique event preventing any class consideration or likely not frequent enough for same depsite your belief otherwise. Moreover any guarantee is limited to its terms an...
    x
    What constitutes deceptive practices by a retailer. I think Home Depot knowingly deceived me and other people.
    Answer

    Delivery dates are RARELY associated with any guarantee and your subjective planning issues in a building project is likely either a unique event preventing any class consideration or likely not frequent enough for same depsite your belief otherwise. Moreover any guarantee is limited to its terms and conditons as a general rule - which often are limited to something like a discount, etc. You may want to cancel the order and order something in stock if timing is that important or simply make other arrangements to account for the delay. 

  • Q
    Was hit on my car rear, had therapy, doctor stated damage to my back, doctor recommended the attorney who has presented a counteroffer to the offende
    Automobile Accidents  |  Nov 17th, 2017
    Mark Tischhauser, Esq.   That doesn't sound very productive. If you feel the need to change lawyers, you want to do this before you get to far into negotiations. You can call our office at 1-800-922-6442 for a FREE consultation at your convenience. 
    x
    was hit on my car rear, had therapy, doctor stated damage to my back, doctor recommended the attorney who has presented a counteroffer to the offende
    Answer

    That doesn't sound very productive. If you feel the need to change lawyers, you want to do this before you get to far into negotiations. You can call our office at 1-800-922-6442 for a FREE consultation at your convenience. 

  • Q
    For three years I’ve been being harassed by the Cocoa Police Dept in Brevard County Florida. Police misconduct and false police reports as well.
    Police Misconduct  |  Nov 17th, 2017
    Mark Tischhauser, Esq.   There are simply too many disconnected facts to address this in a blurb. By example, it strains credibility that your dughter and her freind would saunter on down to the locl PD to "see if they are in trouble" and some how end up filing carges on you. That stated, absent spending a great deal of mon...
    x
    For three years I’ve been being harassed by the Cocoa Police Dept in Brevard County Florida. Police misconduct and false police reports as well.
    Answer

    There are simply too many disconnected facts to address this in a blurb. By example, it strains credibility that your dughter and her freind would saunter on down to the locl PD to "see if they are in trouble" and some how end up filing carges on you. That stated, absent spending a great deal of money on legal fees to investigate and address the issues you raise, you may want to consider simply moving out of the jurisidiction. 

  • Q
    Can a dealer change your income to put a car under your name when you were not the one purchasing?
    Consumer Fraud  |  Nov 11th, 2017
    Mark Tischhauser, Esq.   NO. Bevause you would have to sign such an agreement and you would havebeen so foolish as to do so...right? and you would read everything in detail BEFORE sigining right? If not, NOW you will likely have to spend money on a lawyer to review what you agreed to in writing and go from there. 
    x
    Can a dealer change your income to put a car under your name when you were not the one purchasing?
    Answer

    NO. Bevause you would have to sign such an agreement and you would havebeen so foolish as to do so...right? and you would read everything in detail BEFORE sigining right? If not, NOW you will likely have to spend money on a lawyer to review what you agreed to in writing and go from there. 

  • Q
    Is there any defense to paying HOA atty fees after HOA accepted full payment and later changed existing rules to cover fees?
    Foreclosures  |  Nov 11th, 2017
    Mark Tischhauser, Esq.   THIS is whathappens with self lawyering. YOu SHOULD have had a real estate lawyer handle the purchase transaction, which would have prevented the issue, and then the minute a lawyer was involved for the HOA rentained a real estate lawyer to address that issue, again to keep things under control with...
    x
    Is there any defense to paying HOA atty fees after HOA accepted full payment and later changed existing rules to cover fees?
    Answer

    THIS is whathappens with self lawyering. YOu SHOULD have had a real estate lawyer handle the purchase transaction, which would have prevented the issue, and then the minute a lawyer was involved for the HOA rentained a real estate lawyer to address that issue, again to keep things under control with good decision making. You need to hire a lawyer ASAP to adress this and try to get this issued resolved. 

  • Q
    How do i get my landord to replace my broken washer and dryer? i live in flordia.
    Landlord and Tenant Law  |  Nov 11th, 2017
    Mark Tischhauser, Esq.   and you brought this on yourself by resigining a new lease. YOU COULD have moved - you just CHOSE not to. Now you get to spend money on a lawyer to sort this out or simply use the laundry mat. 
    x
    how do i get my landord to replace my broken washer and dryer? i live in flordia.
    Answer

    and you brought this on yourself by resigining a new lease. YOU COULD have moved - you just CHOSE not to. Now you get to spend money on a lawyer to sort this out or simply use the laundry mat. 

  • Q
    Am I able to sue an insurance company for rental car reimbursements
    Insurance  |  Nov 13th, 2017
    Mark Tischhauser, Esq.   Yes - but it wil cost more than the amount you are likely seeking. 
    x
    am I able to sue an insurance company for rental car reimbursements
    Answer

    Yes - but it wil cost more than the amount you are likely seeking. 

  • Q
    My insurance company made my repair check out to my finance company who is refusing to release the check; how can I get my check released for repairs?
    Insurance  |  Nov 16th, 2017
    Mark Tischhauser, Esq.   You will probably need to sue your finance compmany and insurance company to get this straight. You need todo this ASAP. God thing is you should get you legal fees back if you win. 
    x
    My insurance company made my repair check out to my finance company who is refusing to release the check; how can I get my check released for repairs?
    Answer

    You will probably need to sue your finance compmany and insurance company to get this straight. You need todo this ASAP. God thing is you should get you legal fees back if you win. 

  • Q
    Valpak of Tampa, fl , didn't delivery my web/apps development project on time. refused to sign a guarantee of completion for extended time. No refund
    Breach of Contract  |  Nov 16th, 2017
    Mark Tischhauser, Esq.   This sounds like a standard commercial breach of contract case. In the future NEVER pay for all the work up front. Now you will have to spend more money hiring a lawyer to sue over the contract breach issue and go from there. You need to do this ASAP if they are not willing to resolve the issue.&nbs...
    x
    Valpak of Tampa, fl , didn't delivery my web/apps development project on time. refused to sign a guarantee of completion for extended time. No refund
    Answer

    This sounds like a standard commercial breach of contract case. In the future NEVER pay for all the work up front. Now you will have to spend more money hiring a lawyer to sue over the contract breach issue and go from there. You need to do this ASAP if they are not willing to resolve the issue. 

  • Q
    My son is being sued in civil court by a limo driver for my son hitting him in the face and breaking his orbital bone. He hit my son first.
    Personal Injury  |  Nov 16th, 2017
    Mark Tischhauser, Esq.   The lawyer that should have been hired LONG ago when the suit was first filed. A civil trial lawyer. He needs to hire a lawyer - and it may cost him a good amountof money at this late stage, IMMEDIATELY.
    x
    My son is being sued in civil court by a limo driver for my son hitting him in the face and breaking his orbital bone. He hit my son first.
    Answer

    The lawyer that should have been hired LONG ago when the suit was first filed. A civil trial lawyer. He needs to hire a lawyer - and it may cost him a good amountof money at this late stage, IMMEDIATELY.

  • Q
    Do I have a case if my email and Facebook were hacked?
    Civil Litigation  |  Nov 15th, 2017
    Mark Tischhauser, Esq.   This all needs to be addressed by YOUR divorce lawyer as this is intertwined with that proceeding. 
    x
    Do I have a case if my email and Facebook were hacked?
    Answer

    This all needs to be addressed by YOUR divorce lawyer as this is intertwined with that proceeding. 

  • Q
    We have been served eviction notice and sent a written response
    Landlord and Tenant Law  |  Nov 15th, 2017
    Mark Tischhauser, Esq.   Not unless the court or the LL allows it - not likely. You need to hire a lawyer. You may want to try local legal aid to see if they can help you. 
    x
    We have been served eviction notice and sent a written response
    Answer

    Not unless the court or the LL allows it - not likely. You need to hire a lawyer. You may want to try local legal aid to see if they can help you. 

  • Q
    I have a credit card with an agreement to pay up to $60 per month. They call me daily and sometimes twice a day if I'm late or short by $1. What to do
    Debtor and Creditor  |  Nov 7th, 2017
    Mark Tischhauser, Esq.   If you're late - they get to call. The remedy is pay on time. That stated they can't harrass you, call you at your job or call your cell phone if it imposes changes to you, absent you giving permission to do so. You may want to hire a lawyer to review the details for a collection violation case.&nbs...
    x
    I have a credit card with an agreement to pay up to $60 per month. They call me daily and sometimes twice a day if I'm late or short by $1. What to do
    Answer

    If you're late - they get to call. The remedy is pay on time. That stated they can't harrass you, call you at your job or call your cell phone if it imposes changes to you, absent you giving permission to do so. You may want to hire a lawyer to review the details for a collection violation case. 

  • Q
    When renting a vacation property for 3 months is the owner required to have a working phone incase the renter needs to dial 911.
    Landlord and Tenant Law  |  Nov 7th, 2017
    Mark Tischhauser, Esq.   Not that I am aware of under Chap. 509. This would likely be addessed by local ordinance. You can contact the local housing authority or code enforcement and see what they say. 
    x
    when renting a vacation property for 3 months is the owner required to have a working phone incase the renter needs to dial 911.
    Answer

    Not that I am aware of under Chap. 509. This would likely be addessed by local ordinance. You can contact the local housing authority or code enforcement and see what they say. 

  • Q
    is it legal to change law firm 7 days prior to mediation. Then I have to wait even longer which it's been 2 years. Can I do ask for anything more
    Automobile Accidents  |  Nov 7th, 2017
    Mark Tischhauser, Esq.   This is question to direct to your existing lawyer not strangers on the internet who have no real means of providing a meaningful response. 
    x
    is it legal to change law firm 7 days prior to mediation. Then I have to wait even longer which it's been 2 years. Can I do ask for anything more
    Answer

    This is question to direct to your existing lawyer not strangers on the internet who have no real means of providing a meaningful response. 

  • Q
    Is it worth fighting for my security deposit if the landlord is withholding it unlawfully?
    Landlord and Tenant Law  |  Nov 8th, 2017
    Mark Tischhauser, Esq.   Normal wear and tear is NOT what security deposits are for. Most landlords just find excuses to steal the SD. Its often worth fighting over IF you hire a lawyer to do so as the issues are very techinical and favor the LL. The exposure of paying legal fees if the LL is cheating is what forces them to...
    x
    Is it worth fighting for my security deposit if the landlord is withholding it unlawfully?
    Answer

    Normal wear and tear is NOT what security deposits are for. Most landlords just find excuses to steal the SD. Its often worth fighting over IF you hire a lawyer to do so as the issues are very techinical and favor the LL. The exposure of paying legal fees if the LL is cheating is what forces them to stop. 

  • Q
    Can I sue car dealership for selling me a car I cannot pay for?
    Consumer Fraud  |  Nov 8th, 2017
    Mark Tischhauser, Esq.   Its VERY hard to complain they took advantage of you when you go thier store and decide to buy a car of any type. They are not responsible to determine "what you can afford" vs what you are willing to pay. Short of arguing a level of mental incapacity requiring a legal guardianship - poor decisions ...
    x
    Can I sue car dealership for selling me a car I cannot pay for?
    Answer

    Its VERY hard to complain they took advantage of you when you go thier store and decide to buy a car of any type. They are not responsible to determine "what you can afford" vs what you are willing to pay. Short of arguing a level of mental incapacity requiring a legal guardianship - poor decisions start with the buyer regardless of age. That stated, there is a point where a more predatory lending angle would arise - such as contracting to buy a car for a monthly payment value exceeding your actual monthly income - the issue then is how did this occur as no bank would likely finance such a vehicle absent some level of fraud by dealer. 

  • Q
    Can a person with a health disability who needs the help of a Service Dog have access to the Private Property of a Gated Golf Course Community?
    Animal Law  |  Nov 9th, 2017
    Mark Tischhauser, Esq.   Sure - you can present anything you want. The REAL issue is whether being "off leash" is necessary to provide the service needed, regardless of its training otherwise. Its an interesting question I havent seen addressed directly as it doesn't seem they are saying you can't have the animal with you.&...
    x
    Can a person with a health disability who needs the help of a Service Dog have access to the Private Property of a Gated Golf Course Community?
    Answer

    Sure - you can present anything you want. The REAL issue is whether being "off leash" is necessary to provide the service needed, regardless of its training otherwise. Its an interesting question I havent seen addressed directly as it doesn't seem they are saying you can't have the animal with you. 

  • Q
    Can I sue a dealership/manufacturer for selling me a 2016 with paint was altered on for almost $50,000 and they did not tell me when I purchased it?
    Consumer Fraud  |  Nov 7th, 2017
    Mark Tischhauser, Esq.   Possibly but you will need to hire a NJ lawyer to handle the issue up there. 
    x
    Can I sue a dealership/manufacturer for selling me a 2016 with paint was altered on for almost $50,000 and they did not tell me when I purchased it?
    Answer

    Possibly but you will need to hire a NJ lawyer to handle the issue up there. 

  • Q
    Is this grounds for a lawsuit? If so is this considered personal or work?
    Libel, Slander and Defamation  |  Nov 7th, 2017
    Mark Tischhauser, Esq.   Possibly. This is boith a defamation and a landllord tenant dispute. 
    x
    Is this grounds for a lawsuit? If so is this considered personal or work?
    Answer

    Possibly. This is boith a defamation and a landllord tenant dispute. 

  • Q
    Can my lawyer pay for a personal service contract from my settlement
    Personal Injury  |  Nov 8th, 2017
    Mark Tischhauser, Esq.   This needs to be directed to your exisitng lawyer. 
    x
    Can my lawyer pay for a personal service contract from my settlement
    Answer

    This needs to be directed to your exisitng lawyer. 

  • Q
    Hi, I was involved in car accident and i was at fault
    Collections  |  Nov 8th, 2017
    Mark Tischhauser, Esq.   It sounds like you are being sued for "subrogation". If your insurance doesnt cover this then you will need to hire either a personal injury lawyer or insuance defense lawyer to represent you if you expect to defend the issue. 
    x
    Hi, I was involved in car accident and i was at fault
    Answer

    It sounds like you are being sued for "subrogation". If your insurance doesnt cover this then you will need to hire either a personal injury lawyer or insuance defense lawyer to represent you if you expect to defend the issue. 

  • Q
    I keep getting calls concerning an ex-daughter in law and I have informed the called that she passed away several years ago but the calls haven't stop
    Debtor and Creditor  |  Nov 6th, 2017
    Mark Tischhauser, Esq.   You may need to call block them or hire a lawyer to sue them if its a debt collector, for violating the FDCPA.
    x
    I keep getting calls concerning an ex-daughter in law and I have informed the called that she passed away several years ago but the calls haven't stop
    Answer

    You may need to call block them or hire a lawyer to sue them if its a debt collector, for violating the FDCPA.

  • Q
    Lawyer in violation of agreement
    Legal Malpractice  |  Nov 6th, 2017
    Mark Tischhauser, Esq.   Not opposing lawyers job to "do something" if you claim the agreement was breached. Its your job. 
    x
    lawyer in violation of agreement
    Answer

    Not opposing lawyers job to "do something" if you claim the agreement was breached. Its your job. 

  • Q
    Amex civil lawsuit
    Debtor and Creditor  |  Nov 6th, 2017
    Mark Tischhauser, Esq.   He will probably need to hire a lawyer to represent him at some expense if he intends to dispute it. AMEX is notorious for adding in legal fees and costs to such suits which can make a 5l lawsuit a 10k judgment quickly. 
    x
    Amex civil lawsuit
    Answer

    He will probably need to hire a lawyer to represent him at some expense if he intends to dispute it. AMEX is notorious for adding in legal fees and costs to such suits which can make a 5l lawsuit a 10k judgment quickly. 

  • Q
    Can homeowner go into foreclosure if HOA not paid infull in Florida? They are attempting to raise our quarterly HOA $250 and nobody can afford here
    Foreclosures  |  Nov 6th, 2017
    Mark Tischhauser, Esq.   Generally yes, they can foreclose. Not sure how "the community" is outraged when the HOA  board is elected by the community and often have to vote on the raising of HOA dues. This needs to be addressed at a board meeting and those that are "outraged" may want to bind together to hire a collecti...
    x
    Can homeowner go into foreclosure if HOA not paid infull in Florida? They are attempting to raise our quarterly HOA $250 and nobody can afford here
    Answer

    Generally yes, they can foreclose. Not sure how "the community" is outraged when the HOA  board is elected by the community and often have to vote on the raising of HOA dues. This needs to be addressed at a board meeting and those that are "outraged" may want to bind together to hire a collective lawyer to address the issue and defer the expense. 

  • Q
    I was in an accident in my 1999 Acura 3.5 RL . The vehicle was totalled and the air bags did not deploy .
    Products Liability  |  Nov 6th, 2017
    Mark Tischhauser, Esq.   There is not likely a case here absent catastrophic damages warranting the expense and effort. Moreover, the car is almost 20 years old and there may be some expecation that the airbags are serviced sometime after some period to maintain thier effectiveness that may also be at issue. 
    x
    I was in an accident in my 1999 Acura 3.5 RL . The vehicle was totalled and the air bags did not deploy .
    Answer

    There is not likely a case here absent catastrophic damages warranting the expense and effort. Moreover, the car is almost 20 years old and there may be some expecation that the airbags are serviced sometime after some period to maintain thier effectiveness that may also be at issue. 

  • Q
    Police walk inside my house without permission
    Police Misconduct  |  Nov 7th, 2017
    Mark Tischhauser, Esq.   If there was a legitimate silent alarm and they were dispatched by alarm company, likely yes. If law enforcement gets a legitimate  emergency call, and the front door is open or unlocked, and they claim they knocked with no answer, they mught well enter the doorway for security purposes and&nbs...
    x
    police walk inside my house without permission
    Answer

    If there was a legitimate silent alarm and they were dispatched by alarm company, likely yes. If law enforcement gets a legitimate  emergency call, and the front door is open or unlocked, and they claim they knocked with no answer, they mught well enter the doorway for security purposes and  to make sure everything is OK. This sounds like what occurred. While it was embarrasing and inconvenient, you should be considerate of the circumstances and thankful that the officers responded quickly and actually investigated the issue rather than driivng by for a look see, since you are a law abiding citizen and they were responding to an emergency alarm. Now, if you are NOT a law abiding citizen and are "offended" because law enforcment officers would have discovered your bale of weed (for personal medicinal use) on the dining room table, then you want to rethink having a monitored alarm system. On the off chance that you think there was some ruse, where the police lied about a fake alarm call to intrude into your house without a warrant for some purpose, then you need to retain a civil rights or criminal lawyer (especially if you have a past) to gather evidence of the misconduct and go from there. 

  • Q
    Is this even worth my time to deal with
    Civil Litigation  |  Nov 7th, 2017
    Mark Tischhauser, Esq.   Unless you want to be unemployed its not worth a lawsuit. You simply need to address this with your emploter or HR department to find out what is going on. 
    x
    Is this even worth my time to deal with
    Answer

    Unless you want to be unemployed its not worth a lawsuit. You simply need to address this with your emploter or HR department to find out what is going on. 

  • Q
    Can anything be done?
    Consumer Law  |  Nov 3rd, 2017
    Mark Tischhauser, Esq.   The solution here is that you need to either learn how to porperly manage a checking account, get someone to help you who can or simply stop using one as its clear that you are mishandling it by constantly being over drawn. Otherwise its simply not feasible to fight over $68.00 when you keep enagagi...
    x
    Can anything be done?
    Answer

    The solution here is that you need to either learn how to porperly manage a checking account, get someone to help you who can or simply stop using one as its clear that you are mishandling it by constantly being over drawn. Otherwise its simply not feasible to fight over $68.00 when you keep enagaging in the same conduct. 

  • Q
    What happened to accident report
    Automobile Accidents  |  Nov 3rd, 2017
    Mark Tischhauser, Esq.   You will most likely need to pursue a claim with your insurance carrier under collision coverage to fight about the value. Otherwise, if you had poor insurance and didn't have collision coverage, you are essentially SOL as it is economically difficult to squabble with the other persons insurer on a ...
    x
    What happened to accident report
    Answer

    You will most likely need to pursue a claim with your insurance carrier under collision coverage to fight about the value. Otherwise, if you had poor insurance and didn't have collision coverage, you are essentially SOL as it is economically difficult to squabble with the other persons insurer on a property damage onlu case for a variety of legal reasons. 

  • Q
    If my personal property was thrown away without me being notified or contacted first can I take legal action against the person?
    Litigation  |  Nov 6th, 2017
    Mark Tischhauser, Esq.   Possibly. It will all depend on the details of the property owners relationship as LL, property storage etc. If the property was valuable then you will want to retain a lawyer to pursue such a claim - but be prepared to pay out of pocket for such a case. 
    x
    If my personal property was thrown away without me being notified or contacted first can I take legal action against the person?
    Answer

    Possibly. It will all depend on the details of the property owners relationship as LL, property storage etc. If the property was valuable then you will want to retain a lawyer to pursue such a claim - but be prepared to pay out of pocket for such a case. 

  • Q
    I am a hairstylist..and I quit a salon and went into business for myself. The salon owner is saying terrible things about my new business reputation
    Libel, Slander and Defamation  |  Nov 2nd, 2017
    Mark Tischhauser, Esq.   This may be a defamation case. They can be expensive to pursue BUT if you have a new business not responding is often a reciepe for simply losing the business. YOu can call out our office at 1-800-922-6442 if you like for a free consultation.
    x
    I am a hairstylist..and I quit a salon and went into business for myself. The salon owner is saying terrible things about my new business reputation
    Answer

    This may be a defamation case. They can be expensive to pursue BUT if you have a new business not responding is often a reciepe for simply losing the business. YOu can call out our office at 1-800-922-6442 if you like for a free consultation.

  • Q
    Son being evicted. Gave him my out of state check for $1,630 pay the rent. He gave to an ex, she stated her bank clears quickly.She kept the funds
    Civil Litigation  |  Nov 2nd, 2017
    Mark Tischhauser, Esq.   You most likely lost the money by your sons poor choice. That stated, yoi will have to give him more money or he will have to find some other means to pay or plan on moving to avoid the eviction. 
    x
    Son being evicted. Gave him my out of state check for $1,630 pay the rent. He gave to an ex, she stated her bank clears quickly.She kept the funds
    Answer

    You most likely lost the money by your sons poor choice. That stated, yoi will have to give him more money or he will have to find some other means to pay or plan on moving to avoid the eviction. 

  • Q
    I am trying to find a lawyer to help my sister with unlawful termination and discrimination
    Civil Litigation  |  Nov 3rd, 2017
    Mark Tischhauser, Esq.   Unfortunately, morbid obesity is not a protected class for discrimination. She may want to consult with a ADA lawyer as you describe a refusal to provide reasonable accomodations, but she will have to have a doctor provide testimony that she has a disability. Other than that 18 years of working some...
    x
    I am trying to find a lawyer to help my sister with unlawful termination and discrimination
    Answer

    Unfortunately, morbid obesity is not a protected class for discrimination. She may want to consult with a ADA lawyer as you describe a refusal to provide reasonable accomodations, but she will have to have a doctor provide testimony that she has a disability. Other than that 18 years of working someplace does not entitle you to anything. 

  • Q
    Pro bono civil litigation in my area of Volusia county
    Civil Litigation  |  Oct 25th, 2017
    Mark Tischhauser, Esq.   You wont find pro-bono lawyers for homeowners with contract suit issues. You will have to hire a lawyer to address this, and likely pay for the legal fees in advance, unless the roofing company is very large or has some bond or insurance that covers your payment. This should have been dealt with man...
    x
    pro bono civil litigation in my area of Volusia county
    Answer

    You wont find pro-bono lawyers for homeowners with contract suit issues. You will have to hire a lawyer to address this, and likely pay for the legal fees in advance, unless the roofing company is very large or has some bond or insurance that covers your payment. This should have been dealt with many months ago and you should NEVER pay in advance for any type of home repairs. 

  • Q
    Can I file suit on the owner of the trailer park over something that if the manager has caused
    Libel, Slander and Defamation  |  Nov 1st, 2017
    Mark Tischhauser, Esq.   Sure  - you can sue as it likely meets the standards for defamation. The real issue is whether you can afford to fund such a case as they are often expensive especially when the other party is irrational in thier decision making. 
    x
    Can I file suit on the owner of the trailer park over something that if the manager has caused
    Answer

    Sure  - you can sue as it likely meets the standards for defamation. The real issue is whether you can afford to fund such a case as they are often expensive especially when the other party is irrational in thier decision making. 

  • Q
    Can I sue my plastic surgeon
    Personal Injury  |  Oct 28th, 2017
    Mark Tischhauser, Esq.   Other than reading like a bad haiku - its impossible to tell what your issue is or questions are. You may just do better calling a local injury lawyer and expalining what happened and what your issues are.
    x
    Can I sue my plastic surgeon
    Answer

    Other than reading like a bad haiku - its impossible to tell what your issue is or questions are. You may just do better calling a local injury lawyer and expalining what happened and what your issues are.

  • Q
    Auto title
    Consumer Law  |  Oct 29th, 2017
    Mark Tischhauser, Esq.   Not sure what you are asking about. If you traded in a vehicle, there is no explaining to do, its the dealers vehicle and you shoudl have documentation supporting the transaction.
    x
    Auto title
    Answer

    Not sure what you are asking about. If you traded in a vehicle, there is no explaining to do, its the dealers vehicle and you shoudl have documentation supporting the transaction.

  • Q
    Tenant resistance
    Landlord and Tenant Law  |  Oct 29th, 2017
    Mark Tischhauser, Esq.   Since you decided to play landlord with your first home purchase- you now get the expense of hiring a lawyer and evicting a tenant. Next time, before you opt to rent, watch the movie Pacfiic Heights and rethink that.
    x
    tenant resistance
    Answer

    Since you decided to play landlord with your first home purchase- you now get the expense of hiring a lawyer and evicting a tenant. Next time, before you opt to rent, watch the movie Pacfiic Heights and rethink that.

  • Q
    Arrested and charged with hit and run, and I didn't think I hit anything
    Automobile Accidents  |  Oct 29th, 2017
    Mark Tischhauser, Esq.   Ummmmm hate to to tell you......but that story is simply not believable, even if it were true. That stated, you REALLY need to retain a lawyer to address this as you may find your CDL in jeopardy if this goes south. 
    x
    Arrested and charged with hit and run, and I didn't think I hit anything
    Answer

    Ummmmm hate to to tell you......but that story is simply not believable, even if it were true. That stated, you REALLY need to retain a lawyer to address this as you may find your CDL in jeopardy if this goes south. 

  • Q
    Tree fell from hurricane leaning on shed and on caged in pool area attached to house. I cant use back yard or pool for two months.Can I break Lease?
    Landlord and Tenant Law  |  Oct 30th, 2017
    Mark Tischhauser, Esq.   Possibly - it would need to handled properly and likely with a lawyer if the LL is not amenable to terminating the tenancy. 
    x
    Tree fell from hurricane leaning on shed and on caged in pool area attached to house. I cant use back yard or pool for two months.Can I break Lease?
    Answer

    Possibly - it would need to handled properly and likely with a lawyer if the LL is not amenable to terminating the tenancy. 

  • Q
    I had found a place and I have all the text messages and emails and receipts for the deposit and rent but now he doesn't want to send me my money back
    Landlord and Tenant Law  |  Oct 30th, 2017
    Mark Tischhauser, Esq.   If this is security deposit issue - you will likle have to sue the landlord over the issue. 
    x
    I had found a place and I have all the text messages and emails and receipts for the deposit and rent but now he doesn't want to send me my money back
    Answer

    If this is security deposit issue - you will likle have to sue the landlord over the issue. 

  • Q
    Do I have a case
    Civil Litigation  |  Oct 30th, 2017
    Mark Tischhauser, Esq.   Possibly - it really revolves around what you are trying to achieve vs. the results you are expecting.  Basedon the facts you will likely be paying out of pocket for a lawyer to handle the case as a start. 
    x
    Do I have a case
    Answer

    Possibly - it really revolves around what you are trying to achieve vs. the results you are expecting.  Basedon the facts you will likely be paying out of pocket for a lawyer to handle the case as a start. 

  • Q
    HOA bullying, theft, harassment
    Foreclosures  |  Oct 30th, 2017
    Mark Tischhauser, Esq.   There simply is no way to answer this without actually being retained and reviewing all of the details.
    x
    HOA bullying, theft, harassment
    Answer

    There simply is no way to answer this without actually being retained and reviewing all of the details.

  • Q
    I was in my bathroom using and the ceiling collapsed on me causing my back and my head to start hurting what should I so now
    Landlord and Tenant Law  |  Oct 31st, 2017
    Mark Tischhauser, Esq.   This is an injuy issue and you need to hire a personal injury lawyer. If you are in the Tampa area you call our office at 1-800-922-6442
    x
    I was in my bathroom using and the ceiling collapsed on me causing my back and my head to start hurting what should I so now
    Answer

    This is an injuy issue and you need to hire a personal injury lawyer. If you are in the Tampa area you call our office at 1-800-922-6442

  • Q
    I have a tenant who is breaching contract by not allowing prospective buyers to view the property. She is also writing emails w/defamatory statements
    Breach of Contract  |  Oct 31st, 2017
    Mark Tischhauser, Esq.   Your best bet is to hire a landlord attorney and evict her ASAP for whatever legitimate reason you can establish. 
    x
    I have a tenant who is breaching contract by not allowing prospective buyers to view the property. She is also writing emails w/defamatory statements
    Answer

    Your best bet is to hire a landlord attorney and evict her ASAP for whatever legitimate reason you can establish. 

  • Q
    Our bank did not pay our Home owners insurance that was in escrow and we were cancelled back in January with out notice. What should we do?
    Insurance  |  Oct 25th, 2017
    Mark Tischhauser, Esq.   Probably a consumer lawyer. This will revolve around whether there were some form of notice provided to you, regardless of whether you read them or not, and the timing of the returned funds. By example if they returned the funds in November  2016, you cashed the check and never bothered to...
    x
    Our bank did not pay our Home owners insurance that was in escrow and we were cancelled back in January with out notice. What should we do?
    Answer

    Probably a consumer lawyer. This will revolve around whether there were some form of notice provided to you, regardless of whether you read them or not, and the timing of the returned funds. By example if they returned the funds in November  2016, you cashed the check and never bothered to ask why or for what, you will have a more difficult case than, say, they mailed the check in April 2017, after letting coverage lapse with no notice otherwise. You may need to hire a lawyer at an hourly rate to address this at the initial stages to see what occurred and possibly a contingent fee would be available if there is a clear case of wrong doing by the bank. 

  • Q
    Who do I sue?
    Civil Litigation  |  Oct 25th, 2017
    Mark Tischhauser, Esq.   Unless the items are worth the expense and effort, no one. If they were you can hire a lawyer to sue the shop for the theft or make a claim under your insurance for the theft of the items if they are covered under a "comprehensive" provision and sue yourinsuance carrier if they wont pay the fair val...
    x
    Who do I sue?
    Answer

    Unless the items are worth the expense and effort, no one. If they were you can hire a lawyer to sue the shop for the theft or make a claim under your insurance for the theft of the items if they are covered under a "comprehensive" provision and sue yourinsuance carrier if they wont pay the fair value. 

  • Q
    Hurricane Irma damaged a water pipe in oir yard resulting in a $9000.00 water bill landlord not insured...what are my options?
    Landlord and Tenant Law  |  Oct 25th, 2017
    Mark Tischhauser, Esq.   The answer is - these are your bills to contend with if they arein your name.  The LL is not responsible for hurricane damage any more than you are liable to the LL for damage caused by $9,000.00 worth of water for you not stopping the water leak  - thats why you get renters insurance. You...
    x
    Hurricane Irma damaged a water pipe in oir yard resulting in a $9000.00 water bill landlord not insured...what are my options?
    Answer

    The answer is - these are your bills to contend with if they arein your name.  The LL is not responsible for hurricane damage any more than you are liable to the LL for damage caused by $9,000.00 worth of water for you not stopping the water leak  - thats why you get renters insurance. You need to contact the water utility to address the water bill as they will often make adjustments, especially with hurricane type issues. 

  • Q
    My former employer (over 2 years now) is suing me for hacking. They let me keep the iPhone which pings their Exchange server to AutoSync.
    Civil Litigation  |  Oct 25th, 2017
    Mark Tischhauser, Esq.   This sounds like there is some confusion on BOTH sides. What the employer believe is "hacking" is likely some continued use by you of the iPhone to sync to some dataset that presumably you have been tapping into or accessing for some claimed insidious reason. The employer is claiming hacking because...
    x
    My former employer (over 2 years now) is suing me for hacking. They let me keep the iPhone which pings their Exchange server to AutoSync.
    Answer

    This sounds like there is some confusion on BOTH sides. What the employer believe is "hacking" is likely some continued use by you of the iPhone to sync to some dataset that presumably you have been tapping into or accessing for some claimed insidious reason. The employer is claiming hacking because they (a) may not be aware of the means through which you have been accessing the information or (b) are relying in the "unauthorized access" aspect of the conduct since you could have easily stopped the autosync. That all stated,  if you are being siued you need to retain a lawyer IMMEDIATELY to get this issue under control and focus on the REAL issues giving rise to the lawsuit and not distractive ones like "they lied to get a warrant" which doesnt even exist in a civil case. Be prepared to spend a good bit on such a case if there is "bad blood" between you and the ex-employer, especially if they are committed to seeing the law suit through. 

  • Q
    Have been harrassed & falsely imprisoned. Will not snitch for them have documented proof they are lying. On disability
    Police Misconduct  |  Oct 24th, 2017
    Mark Tischhauser, Esq.   Unfortunately, part of refusing to snitch, is that YOU get to take the heat. Until the case is dismissed or you are aquitted, any allegation of false imprisonment fails.
    x
    Have been harrassed & falsely imprisoned. Will not snitch for them have documented proof they are lying. On disability
    Answer

    Unfortunately, part of refusing to snitch, is that YOU get to take the heat. Until the case is dismissed or you are aquitted, any allegation of false imprisonment fails.

  • Q
    I was recently sent to a hospital from a psychiatric facility on the request of the facility wanting to know my b.a.c. .
    Medical Malpractice  |  Oct 24th, 2017
    Mark Tischhauser, Esq.   Not inherently no. You were there for a mental health evaluation under some serious allegations associated with Baker Act criteria. Unfortunately, your credibility is not going to be very good in relation to the factual issues, and the clinical issues are in large part addressed by the medical/psych...
    x
    I was recently sent to a hospital from a psychiatric facility on the request of the facility wanting to know my b.a.c. .
    Answer

    Not inherently no. You were there for a mental health evaluation under some serious allegations associated with Baker Act criteria. Unfortunately, your credibility is not going to be very good in relation to the factual issues, and the clinical issues are in large part addressed by the medical/psychiatric staff within the Baker Act procedures. Unless you have lots of money to invest on a investigation to examine whether there were some documentable improprieties, this simply won't go very far absent some other compelling facts.

  • Q
    Seller is refusing to close after having signed all doc needed for closing this morning; what can we do?
    Breach of Contract  |  Oct 24th, 2017
    Mark Tischhauser, Esq.   This site is not budget substitute for actually hiring a lawyer. I fyou have such an issue you need to now hire the real estate lawyer you sould have hired from the start to make sure things go properly. You need to do this ASAP. 
    x
    Seller is refusing to close after having signed all doc needed for closing this morning; what can we do?
    Answer

    This site is not budget substitute for actually hiring a lawyer. I fyou have such an issue you need to now hire the real estate lawyer you sould have hired from the start to make sure things go properly. You need to do this ASAP. 

  • Q
    My roommate has send email to my office colleagues stating that I am a cheater and I owe her money whereas she was the one who owes me Can I file case
    Libel, Slander and Defamation  |  Oct 23rd, 2017
    Mark Tischhauser, Esq.   This is simply a matter of you being willing to spend several tousand dollars in legal fees to address this issue in a legal sense. This not a DIY type of lawsuit nor is it one where lawyers will file suot and look to get paid when and if they "win" for a variety of reasons. 
    x
    My roommate has send email to my office colleagues stating that I am a cheater and I owe her money whereas she was the one who owes me Can I file case
    Answer

    This is simply a matter of you being willing to spend several tousand dollars in legal fees to address this issue in a legal sense. This not a DIY type of lawsuit nor is it one where lawyers will file suot and look to get paid when and if they "win" for a variety of reasons. 

  • Q
    Can We fire a painter - over a month, bad job and not done
    Contracts  |  Oct 22nd, 2017
    Mark Tischhauser, Esq.   This makes no sense. How can you have had a month and 1/2 for work when its only 10/23...which is 1 week. You can fire anyone you want form a job - what the impact of that will be revolves around the contract terms. You will need to hire a lawyer to review them if yu are unsure as to how they apply....
    x
    can We fire a painter - over a month, bad job and not done
    Answer

    This makes no sense. How can you have had a month and 1/2 for work when its only 10/23...which is 1 week. You can fire anyone you want form a job - what the impact of that will be revolves around the contract terms. You will need to hire a lawyer to review them if yu are unsure as to how they apply. 

  • Q
    Liablity for inacurrate information on website
    Litigation  |  Oct 22nd, 2017
    Mark Tischhauser, Esq.   There is always a possiblity that you will be held liable for mistakes that occur, especially when they involve a commercial enterpise. This is why many businesses have "in house" counsel or retained lawyers to review such things and vett them. 
    x
    Liablity for inacurrate information on website
    Answer

    There is always a possiblity that you will be held liable for mistakes that occur, especially when they involve a commercial enterpise. This is why many businesses have "in house" counsel or retained lawyers to review such things and vett them. 

  • Q
    In the state of Florida, would an insured driver be covered if he'd rove an uninsured vehicle?
    Automobile Accidents  |  Oct 22nd, 2017
    Mark Tischhauser, Esq.   Depends on a number of factors. Your best bet is to retain a lawyer to review the issue and go from there. To many moving parts for a blurb reponse. 
    x
    In the state of Florida, would an insured driver be covered if he'd rove an uninsured vehicle?
    Answer

    Depends on a number of factors. Your best bet is to retain a lawyer to review the issue and go from there. To many moving parts for a blurb reponse. 

  • Q
    Is it possible to get a default judgement and garnishment overturned if the guidelines were not followed
    Collections  |  Oct 23rd, 2017
    Mark Tischhauser, Esq.   Anyhing is possible. If you want to knowabout your specific situation you'll have to hire a lawyer at some expense to examine your situation and advise accordingly. 
    x
    Is it possible to get a default judgement and garnishment overturned if the guidelines were not followed
    Answer

    Anyhing is possible. If you want to knowabout your specific situation you'll have to hire a lawyer at some expense to examine your situation and advise accordingly. 

  • Q
    Can I sue for medical malpractice for having 2 surgeries in less than a month to repair a CSF leak that the doctor caused during 1st surgery?
    Medical Malpractice  |  Oct 23rd, 2017
    Mark Tischhauser, Esq.   Possibly a case. All will depend on the long term results of the surgery and whether there is some indication of negligence. You will need to gather your medical records and bring them to a lawyer ASAP for review. You may also need to hire a medical expert to address whether there was negligence vs....
    x
    Can I sue for medical malpractice for having 2 surgeries in less than a month to repair a CSF leak that the doctor caused during 1st surgery?
    Answer

    Possibly a case. All will depend on the long term results of the surgery and whether there is some indication of negligence. You will need to gather your medical records and bring them to a lawyer ASAP for review. You may also need to hire a medical expert to address whether there was negligence vs. an expected complication. 

  • Q
    I know in florida concealed carry is banned if you go medical cannibus, but today the atf and fdle told me we loose all 2nd ammendment rights to purch
    Civil Litigation  |  Oct 20th, 2017
    Mark Tischhauser, Esq.   I can't imagine a reason that you would lose right to OWN fire arm or possess in home. Only thing I can think of would be possibly the facts that drugs are STILL regulated under FEDERAL law and states making weed legal is somewhat like sanctuary cities - Federal law controls. 
    x
    i know in florida concealed carry is banned if you go medical cannibus, but today the atf and fdle told me we loose all 2nd ammendment rights to purch
    Answer

    I can't imagine a reason that you would lose right to OWN fire arm or possess in home. Only thing I can think of would be possibly the facts that drugs are STILL regulated under FEDERAL law and states making weed legal is somewhat like sanctuary cities - Federal law controls. 

  • Q
    What do I need to do to sue the person claiming my dog bit them when 1. My dog was inside 2. This person is not welcome in my home, much less my stoop
    Animal Law  |  Oct 22nd, 2017
    Mark Tischhauser, Esq.   This is likely a malicious prosecution/abuse of process type case. You will need to hire a lawyer at some expense to pursue such an issue effectively. 
    x
    What do I need to do to sue the person claiming my dog bit them when 1. My dog was inside 2. This person is not welcome in my home, much less my stoop
    Answer

    This is likely a malicious prosecution/abuse of process type case. You will need to hire a lawyer at some expense to pursue such an issue effectively. 

  • Q
    My son needs JawJoint surgery.We have been rejected by our ins company for the diagnostic exam.Does FS 627.419 require ins to cover this? & surgery?
    Insurance  |  Oct 20th, 2017
    Mark Tischhauser, Esq.   627.419 doesn't guarantee that the services are paid for - it simply prevents an inusurer from arbitrarily excluding them. You ay need to hire a lawyer at some expense to fight with insurer if there isa dispute about issues like medical necessaity, etc. 
    x
    My son needs JawJoint surgery.We have been rejected by our ins company for the diagnostic exam.Does FS 627.419 require ins to cover this? & surgery?
    Answer

    627.419 doesn't guarantee that the services are paid for - it simply prevents an inusurer from arbitrarily excluding them. You ay need to hire a lawyer at some expense to fight with insurer if there isa dispute about issues like medical necessaity, etc. 

  • Q
    My car was in a flood and I'm fighting with the insurance company and dealership about repairs. What kind of lawyer should I get.
    Civil Litigation  |  Oct 19th, 2017
    Mark Tischhauser, Esq.   You simply need to decide whether it worth spending some money"out of pocket"  to hire a lawyer to examine your situation and help address it. If its worth it to you.....you need to hire a civil trial lawyer or one that is familiar with insurance property damage claims. 
    x
    My car was in a flood and I'm fighting with the insurance company and dealership about repairs. What kind of lawyer should I get.
    Answer

    You simply need to decide whether it worth spending some money"out of pocket"  to hire a lawyer to examine your situation and help address it. If its worth it to you.....you need to hire a civil trial lawyer or one that is familiar with insurance property damage claims. 

  • Q
    Bank of America has filed a lawsuit against me for a loan. Am looking for a pro bono atty to help me am living on social security & have no money
    Collections  |  Oct 19th, 2017
    Mark Tischhauser, Esq.   Hate to tell ya - but not likely to happen for a variety of reasons. You probably need to hire a bankruptcy lawyer and discuss options with them. 
    x
    Bank of America has filed a lawsuit against me for a loan. Am looking for a pro bono atty to help me am living on social security & have no money
    Answer

    Hate to tell ya - but not likely to happen for a variety of reasons. You probably need to hire a bankruptcy lawyer and discuss options with them. 

  • Q
    I was giving a subpeona for a debt i have never own
    Collections  |  Oct 17th, 2017
    Mark Tischhauser, Esq.   Its not a subpoena -ts a summons, meaning you are being sued. You need to retain a lawyer ASAP. 
    x
    I was giving a subpeona for a debt i have never own
    Answer

    Its not a subpoena -ts a summons, meaning you are being sued. You need to retain a lawyer ASAP. 

  • Q
    Do not know not where to turn. New in Sarasota & have been trying to dispute a moving claim to no avail. I have filed with the FMCSA. Hoping someone c
    Civil Litigation  |  Oct 17th, 2017
    Mark Tischhauser, Esq.   This type of case revolves around what type of move it was, in state vs. state to state, and the terms of the contract signed. The bad part is that in most cases you will have to pay for a lawyer out of pocket to address such an issue and look to recvoer the money if possible from the moving company...
    x
    Do not know not where to turn. New in Sarasota & have been trying to dispute a moving claim to no avail. I have filed with the FMCSA. Hoping someone c
    Answer

    This type of case revolves around what type of move it was, in state vs. state to state, and the terms of the contract signed. The bad part is that in most cases you will have to pay for a lawyer out of pocket to address such an issue and look to recvoer the money if possible from the moving company if you are correct or win the case. 

  • Q
    I was call;ed racist by my apts. asst property mgr.there-fore they won't renew my lease do i have a case
    Libel, Slander and Defamation  |  Oct 17th, 2017
    Mark Tischhauser, Esq.   The can't just throw you out on demand, they would have to evict you. If your lease is up, however, they sare not required to renew it and the last day is the last day. If you hold over, again, they will evict you. As to the "racist" commentary, it might be defamation BUT you will have to decide if ...
    x
    i was call;ed racist by my apts. asst property mgr.there-fore they won't renew my lease do i have a case
    Answer

    The can't just throw you out on demand, they would have to evict you. If your lease is up, however, they sare not required to renew it and the last day is the last day. If you hold over, again, they will evict you. As to the "racist" commentary, it might be defamation BUT you will have to decide if you want to spend money out of pocket suing over the issue and such cases are not inexpensive. 

  • Q
    What can be done for my 11yo dog who went in for a tooth biopsy and they made an incision thinking she was to be spayed.
    Animal Law  |  Oct 18th, 2017
    Mark Tischhauser, Esq.   Unless the belly incision was subtantial, and some significant damages caused, there is no viable civil case here. Not sure what the recvoery issue is related to otherwise, but your first step is to contact the vet ASAP if there any issues of concern, not lawyers. 
    x
    What can be done for my 11yo dog who went in for a tooth biopsy and they made an incision thinking she was to be spayed.
    Answer

    Unless the belly incision was subtantial, and some significant damages caused, there is no viable civil case here. Not sure what the recvoery issue is related to otherwise, but your first step is to contact the vet ASAP if there any issues of concern, not lawyers. 

  • Q
    What happens when landlord gives 3 day notice to leave premises? Are police involved?
    Landlord and Tenant Law  |  Oct 18th, 2017
    Mark Tischhauser, Esq.   You have to pay the full rent in the 3 days or be subject to eviction lawsuit, usually resulting in you being evicted, and at that point the Sheriff will physicially remove you if you remain on the property. 
    x
    What happens when landlord gives 3 day notice to leave premises? Are police involved?
    Answer

    You have to pay the full rent in the 3 days or be subject to eviction lawsuit, usually resulting in you being evicted, and at that point the Sheriff will physicially remove you if you remain on the property. 

  • Q
    I had the same thing happen to me in 2008 as the man in this story. https://wfla.com/2017/10/16/florida-man-gets-37500-after-officer-thought-doughnu
    Libel, Slander and Defamation  |  Oct 18th, 2017
    Mark Tischhauser, Esq.   If this occured in 2008, you should have raised issue with it back then. 10 years later you wll run into statute of limitatons issues that will likely bar any claim. 
    x
    I had the same thing happen to me in 2008 as the man in this story. https://wfla.com/2017/10/16/florida-man-gets-37500-after-officer-thought-doughnu
    Answer

    If this occured in 2008, you should have raised issue with it back then. 10 years later you wll run into statute of limitatons issues that will likely bar any claim. 

  • Q
    Do i have a case?
    Products Liability  |  Oct 18th, 2017
    Mark Tischhauser, Esq.   You can bring it to thier attention but dont expect much unless it is clear that the plastic was from Walmart or baked into the bread. They will usually take the position that the plastic could have come from your counter top area or elsewhere. 
    x
    Do i have a case?
    Answer

    You can bring it to thier attention but dont expect much unless it is clear that the plastic was from Walmart or baked into the bread. They will usually take the position that the plastic could have come from your counter top area or elsewhere. 

  • Q
    Car Purchase. My Boyfriend went to a big toyota Dealer to puchase a 2014 car. He was tols his loan was approved. HE signed all the papers and left
    Consumer Fraud  |  Oct 18th, 2017
    Mark Tischhauser, Esq.   All this will depend on the actual reason why the deal was called off. Typically this is when the buyer fudges something on the appliacation like wages, and the employer does not confirm the cliaimed earnings. 
    x
    Car Purchase. My Boyfriend went to a big toyota Dealer to puchase a 2014 car. He was tols his loan was approved. HE signed all the papers and left
    Answer

    All this will depend on the actual reason why the deal was called off. Typically this is when the buyer fudges something on the appliacation like wages, and the employer does not confirm the cliaimed earnings. 

  • Q
    My mom lost her home that she rented in Naples due to hurricane Irma, what are her rights as far as security deposit and lasts month rent total 2000
    Landlord and Tenant Law  |  Oct 18th, 2017
    Mark Tischhauser, Esq.   Legally, the LL should return the deposit and the last minths rent if the proiperty iwas destroyed and rendered uninhabitable. If the LL wont do that - only remedy is to file suit. If theLL owns several proprties, heis likely bluffing about filing bankruptcy. Unfortuately most tenant lawyers, such a...
    x
    My mom lost her home that she rented in Naples due to hurricane Irma, what are her rights as far as security deposit and lasts month rent total 2000
    Answer

    Legally, the LL should return the deposit and the last minths rent if the proiperty iwas destroyed and rendered uninhabitable. If the LL wont do that - only remedy is to file suit. If theLL owns several proprties, heis likely bluffing about filing bankruptcy. Unfortuately most tenant lawyers, such as our firm, will not take such cases on a contingent fee,but require payment of legal feesand costs up front. The good thing is though, that the court will award legal fees reimbursed to the tenant if they win the case. 

  • Q
    I signed a contract to rent a Home starting 11/1 the contract was never witnessed or notorized can it be broken with out penalties
    Landlord and Tenant Law  |  Oct 18th, 2017
    Mark Tischhauser, Esq.   No. Your signature alone is enough to bind you to a contract just like your good word. 
    x
    I signed a contract to rent a Home starting 11/1 the contract was never witnessed or notorized can it be broken with out penalties
    Answer

    No. Your signature alone is enough to bind you to a contract just like your good word. 

  • Q
    Is a landlord in Florida responsible to disclose mold before leasing a property?
    Landlord and Tenant Law  |  Oct 19th, 2017
    Mark Tischhauser, Esq.   No. If its a health issue, the LL is required to remediate the mold. 
    x
    is a landlord in Florida responsible to disclose mold before leasing a property?
    Answer

    No. If its a health issue, the LL is required to remediate the mold. 

  • Q
    Been careless and signed a paper to one real estate buyer to sell my condo, but there are no transactions no any other papers to be filled, i want out
    Breach of Contract  |  Oct 19th, 2017
    Mark Tischhauser, Esq.   You will simply need to do now what you should have done in the begining. Hire a real estate lawyer to address this. Generally you cannot make a contract and then change your mind without penalty. 
    x
    been careless and signed a paper to one real estate buyer to sell my condo, but there are no transactions no any other papers to be filled, i want out
    Answer

    You will simply need to do now what you should have done in the begining. Hire a real estate lawyer to address this. Generally you cannot make a contract and then change your mind without penalty. 

  • Q
    Can a dealership repo your car for the remaining balance of a down payment after the bank already financed the car
    Debtor and Creditor  |  Oct 13th, 2017
    Mark Tischhauser, Esq.   Possibly. Depends on the paperwork......but if you didn't pay the money you are risking the deal blows up with you defaulting. You need to pay what you owe before this gets out of handand costs you more in legal fees and craziness. 
    x
    Can a dealership repo your car for the remaining balance of a down payment after the bank already financed the car
    Answer

    Possibly. Depends on the paperwork......but if you didn't pay the money you are risking the deal blows up with you defaulting. You need to pay what you owe before this gets out of handand costs you more in legal fees and craziness. 

  • Q
    Y landlord lives in the house in front of ours. We have caught her several times walking into our backyard looking in windows for no reason. Legal?
    Landlord and Tenant Law  |  Oct 13th, 2017
    Mark Tischhauser, Esq.   This is part of the complication of living in a house on the same property as the LL. The use of the property is determined typically by the lease terms, as is access to the property along with Fla. Stat. 83.53. That stated, you need to be VERY cautious with dealing with the landlord as accusing the...
    x
    Y landlord lives in the house in front of ours. We have caught her several times walking into our backyard looking in windows for no reason. Legal?
    Answer

    This is part of the complication of living in a house on the same property as the LL. The use of the property is determined typically by the lease terms, as is access to the property along with Fla. Stat. 83.53. That stated, you need to be VERY cautious with dealing with the landlord as accusing the LL of peeping on you could easily escalate the issues into lawsuits and evictions. The better means of handling such issues is simply acting like adults and sitting down and discussing the issues and coming to some resolution if possible. 

  • Q
    Injured eye at arcade playing basketball.
    Personal Injury  |  Oct 14th, 2017
    Mark Tischhauser, Esq.   Unfortunately, this falls into the assumption of risk category along with self inflicted/comparative negligence issues. Absent some catastrophic injury, like blindness or substantial surgical intervention, that financially justifies pursuit of a claim, you wont ind many lawyers willing to pursue suc...
    x
    Injured eye at arcade playing basketball.
    Answer

    Unfortunately, this falls into the assumption of risk category along with self inflicted/comparative negligence issues. Absent some catastrophic injury, like blindness or substantial surgical intervention, that financially justifies pursuit of a claim, you wont ind many lawyers willing to pursue such a case on a contingent fee and payment of an hourly rate/retainer might be cost prohibitive. 

  • Q
    Tenant Evitcion in Florida
    Landlord and Tenant Law  |  Oct 14th, 2017
    Mark Tischhauser, Esq.   The tenant didn't take advantage of you. You just handled ths poorly as a landlord. You should have pushed the eviction in December 2016 and I'll tell you as a tenant lawyer, you likely waived the past due rent if you collected rent afterwards. You also seem to have SCRA issues to deal with and mult...
    x
    Tenant Evitcion in Florida
    Answer

    The tenant didn't take advantage of you. You just handled ths poorly as a landlord. You should have pushed the eviction in December 2016 and I'll tell you as a tenant lawyer, you likely waived the past due rent if you collected rent afterwards. You also seem to have SCRA issues to deal with and multiple tenants. You simply need to accept that residential landlording is a business and treat it as such with the hiring of a landlord attorney to handle evictions as a cost of doing business. You need to retain a lawyer in your area to address this as the expense of not hiring a lawyer to handle such issues will usually overshadow the expense of losing rent and damages to the property. 

  • Q
    Looking for lawyer to write lawsuit for civil in citrus county, a more definitive lawsuit, motion made for dismiss due to mine not up to par
    Civil Litigation  |  Oct 14th, 2017
    Mark Tischhauser, Esq.   As a general rule, you wont get competent lawyers to simply write legal documents piece meal.
    x
    Looking for lawyer to write lawsuit for civil in citrus county, a more definitive lawsuit, motion made for dismiss due to mine not up to par
    Answer

    As a general rule, you wont get competent lawyers to simply write legal documents piece meal.

  • Q
    I was given a dog almost 2 months ago and now they want her back
    Animal Law  |  Oct 14th, 2017
    Mark Tischhauser, Esq.   This is a classic issue of possession being 9/10 of the law. If you can resolve this  - one side or the other may need to file suit. 
    x
    I was given a dog almost 2 months ago and now they want her back
    Answer

    This is a classic issue of possession being 9/10 of the law. If you can resolve this  - one side or the other may need to file suit. 

  • Q
    A dog killed my dog while I was walking them
    Animal Law  |  Oct 14th, 2017
    Mark Tischhauser, Esq.   There may be a claim here depending on the facts. 
    x
    A dog killed my dog while I was walking them
    Answer

    There may be a claim here depending on the facts. 

  • Q
    An hoa put a sign in front of our parkSaying I am a child molester . I have never been chargedWith anything . can I fill a slander charge.
    Libel, Slander and Defamation  |  Oct 15th, 2017
    Mark Tischhauser, Esq.   This would be a classic defamation case as described. Unfortunately, to prepare you, these cases are rarely handled on anything other than an hourly rate/retainer basis, and not a contingent fee, where lawyers get paid only if they win, for a variety of reasons. You can contact our office at 813-877...
    x
    An hoa put a sign in front of our parkSaying I am a child molester . I have never been chargedWith anything . can I fill a slander charge.
    Answer

    This would be a classic defamation case as described. Unfortunately, to prepare you, these cases are rarely handled on anything other than an hourly rate/retainer basis, and not a contingent fee, where lawyers get paid only if they win, for a variety of reasons. You can contact our office at 813-877-6442 for a free telephone consultation. 

  • Q
    Is it illegal for a Pastor/ Life Insurance agent to show private text messages to his son?
    Breach of Contract  |  Oct 16th, 2017
    Mark Tischhauser, Esq.   THere is no such thing as a private txt or facebook message. At best, if you can show they are clergy related txt's where you are a member, there might be a privilge issue therethat your family law lawyer can address. Otherwise, you are simply telling your ex's dad things and have no expectation of ...
    x
    Is it illegal for a Pastor/ Life Insurance agent to show private text messages to his son?
    Answer

    THere is no such thing as a private txt or facebook message. At best, if you can show they are clergy related txt's where you are a member, there might be a privilge issue therethat your family law lawyer can address. Otherwise, you are simply telling your ex's dad things and have no expectation of privacy in doing so. 

  • Q
    I need help: somebody has put lien on my car
    Consumer Law  |  Oct 16th, 2017
    Mark Tischhauser, Esq.   Quite possibly there is a contractual or statutory "mechanics" lien if you did not pay the transportation bill. You need to pay the transportation nill, get the car and then fight about contract issues or violations afterwards. 
    x
    I need help: somebody has put lien on my car
    Answer

    Quite possibly there is a contractual or statutory "mechanics" lien if you did not pay the transportation bill. You need to pay the transportation nill, get the car and then fight about contract issues or violations afterwards. 

  • Q
    Can i sue the training facility.
    Animal Law  |  Oct 16th, 2017
    Mark Tischhauser, Esq.   Depends on the issue with the "holein the fence" and what "playing outside" entails. If your dog was improperly unsecured and got into some other area - you can sue but not likely successfully or in a financially viable fashion. If they had control over your dog and were negligent in handling him or...
    x
    Can i sue the training facility.
    Answer

    Depends on the issue with the "holein the fence" and what "playing outside" entails. If your dog was improperly unsecured and got into some other area - you can sue but not likely successfully or in a financially viable fashion. If they had control over your dog and were negligent in handling him or maintainng a secure area such as a dog run, then probably yes. 

  • Q
    My sister just removed a damaged fence separating her house from a neighbor with a pool. Who is liable if someone drowns in that pool?
    Personal Injury  |  Oct 16th, 2017
    Mark Tischhauser, Esq.   Depends on a variety of facts, but possibly BOTH parties could be liable. 
    x
    My sister just removed a damaged fence separating her house from a neighbor with a pool. Who is liable if someone drowns in that pool?
    Answer

    Depends on a variety of facts, but possibly BOTH parties could be liable. 

  • Q
    Can I sue Chase Bank for emotional distress regarding restriction of account without notice as well as denial to funds?
    Consumer Fraud  |  Oct 16th, 2017
    Mark Tischhauser, Esq.   Not likely. "They told me" is simply not the standard relative to such issues and its typically defined in the account terms and conditions that noone reads or formal ank policy of some sortor other. That you could not stop a third party from depositing money into a"restricted" account, for what eve...
    x
    Can I sue Chase Bank for emotional distress regarding restriction of account without notice as well as denial to funds?
    Answer

    Not likely. "They told me" is simply not the standard relative to such issues and its typically defined in the account terms and conditions that noone reads or formal ank policy of some sortor other. That you could not stop a third party from depositing money into a"restricted" account, for what ever reason it was restricted, is not the banks issue. This issue will likely require resolution of the "restriction" issue whatever that is. 

  • Q
    Can a lawyer acess my phone records if harassment claims have been made
    Civil Litigation  |  Oct 13th, 2017
    Mark Tischhauser, Esq.   Its possible that a lawyer could subpoena such records if they are associated with a some litigation action. They should provide you notice that the records have been subpoenaned so you can raise any objections to such. If you are concened that they woud do so behidnyour back, you can contact your o...
    x
    Can a lawyer acess my phone records if harassment claims have been made
    Answer

    Its possible that a lawyer could subpoena such records if they are associated with a some litigation action. They should provide you notice that the records have been subpoenaned so you can raise any objections to such. If you are concened that they woud do so behidnyour back, you can contact your ohone company and make sure they call you if sich a request is made. 

  • Q
    My truck was barrowed by my father and is now behind a locked gate on someone else's property ad the deputies...
    Civil Litigation  |  Oct 5th, 2017
    Mark Tischhauser, Esq.   Sounds like its not exclusively "your" truck by title. You may have to hire a lawyer to sue for "replevin/conversion" at some expense if there is a family squabble at issue. 
    x
    my truck was barrowed by my father and is now behind a locked gate on someone else's property ad the deputies...
    Answer

    Sounds like its not exclusively "your" truck by title. You may have to hire a lawyer to sue for "replevin/conversion" at some expense if there is a family squabble at issue. 

  • Q
    How do I benefit from Floridas right to publicity law - do i need to be a full time resident? I have a home in Iowa and Florida
    Consumer Law  |  Oct 5th, 2017
    Mark Tischhauser, Esq.   There are a variety of factors that may come into play. You will simply need to retain a lawyer at some expense to get all the details and go from there as to what remedies may exist. We do handle such cases an you can call our office at 813-877-6442 for a free consultaton to determine how we can be...
    x
    How do I benefit from Floridas right to publicity law - do i need to be a full time resident? I have a home in Iowa and Florida
    Answer

    There are a variety of factors that may come into play. You will simply need to retain a lawyer at some expense to get all the details and go from there as to what remedies may exist. We do handle such cases an you can call our office at 813-877-6442 for a free consultaton to determine how we can be retained to help. 

  • Q
    Our rules states no trucks allowed. The County owns the streets can they legally fine you are have your vehicle towed.
    Contracts  |  Oct 5th, 2017
    Mark Tischhauser, Esq.   You will need to hire a lawyer to address this and review the bylaws and deed restictions, etc. If you can't, don't want to or simply won't spend the money to hire a lawyer to address this, then full compliance is your remedy. 
    x
    Our rules states no trucks allowed. The County owns the streets can they legally fine you are have your vehicle towed.
    Answer

    You will need to hire a lawyer to address this and review the bylaws and deed restictions, etc. If you can't, don't want to or simply won't spend the money to hire a lawyer to address this, then full compliance is your remedy. 

  • Q
    My bank refuses to give me access to my mortgage acct all they do is take payment and won't even give me balance without making an appt. attorney ?
    Consumer Law  |  Oct 5th, 2017
    Mark Tischhauser, Esq.   If you have tried "for years" to get account information but haven't been able to get it, hiring a lawyer at some expense and possibly filing a lawsuit for an accounting would be the next logical step. 
    x
    My bank refuses to give me access to my mortgage acct all they do is take payment and won't even give me balance without making an appt. attorney ?
    Answer

    If you have tried "for years" to get account information but haven't been able to get it, hiring a lawyer at some expense and possibly filing a lawsuit for an accounting would be the next logical step. 

  • Q
    Do i have legal right?
    Civil Litigation  |  Oct 13th, 2017
    Mark Tischhauser, Esq.   Nope - if somone put inaftermarket lights and they broke, they are not covered under manufacturer warranty because they are not manufactuer part. This may have been done by a prior owner, and if so you will simply have to pay for the repair of any non-factory items as its mot likely financially viab...
    x
    Do i have legal right?
    Answer

    Nope - if somone put inaftermarket lights and they broke, they are not covered under manufacturer warranty because they are not manufactuer part. This may have been done by a prior owner, and if so you will simply have to pay for the repair of any non-factory items as its mot likely financially viable to take legal action otherwise. 

  • Q
    Am I legally responsible to pay a bill that isn't in my name? Lakeland electric is telling me I am.
    Consumer Law  |  Oct 5th, 2017
    Mark Tischhauser, Esq.   "The bill was in my name, and it was paid off. " THIS is where the issue lies. If you have proof of this and that you never had involvment with the ex's new residence, then you will need to bring that to a lawyer to review for a collections violaton. Otherwise, if there was a bill in your name ...
    x
    Am I legally responsible to pay a bill that isn't in my name? Lakeland electric is telling me I am.
    Answer

    "The bill was in my name, and it was paid off. " THIS is where the issue lies. If you have proof of this and that you never had involvment with the ex's new residence, then you will need to bring that to a lawyer to review for a collections violaton. Otherwise, if there was a bill in your name that THEY claim was unpaid OR some form of account transfer to the ex's new place because you signed a lease there, and then broke up or allowed the account transfer to happen, you may be stuck paying for the charges. I have no doubt that they are not claiming you owe the ex's bill 5 years later because you were togeher "at one point"  nor could they "merge his bill with your new spouses" as accounts aren't handled that way- there is more to it than that for sure. 

  • Q
    Can my Doctor change my dose and amount of my pain meds drastically without warning?
    Medical Malpractice  |  Oct 5th, 2017
    Mark Tischhauser, Esq.   Generally, yes - its a clinical decision. As you know "pain management" through pharmacotherapy is HUGE controversy especially when opiates are involved you have a 5yr+ regimen of pain medication. This is an issue you should be FIRST discussing with your treating physician. That it seems you opted t...
    x
    Can my Doctor change my dose and amount of my pain meds drastically without warning?
    Answer

    Generally, yes - its a clinical decision. As you know "pain management" through pharmacotherapy is HUGE controversy especially when opiates are involved you have a 5yr+ regimen of pain medication. This is an issue you should be FIRST discussing with your treating physician. That it seems you opted to seek "legal" advice first, is disconcerting as it suggests you are more concerned with arbitrarily keeping the pain meds flowing, by confrontation if needed,  rather than discussing your concerns with your doctor and addressing the issue. 

  • Q
    What do I need to do to get someone to stop sending harassing mail to me and also is being sent out to multiple people some she don't know
    Libel, Slander and Defamation  |  Oct 5th, 2017
    Mark Tischhauser, Esq.   You wil probably need to hire a lawyer to address this. Unfortunately, such issues are often hotly contested and result in expensive litigation as they are NOT generally contingent fee cases.. We handle such cases and provide free consultations to determine how to retain our office to help. You can ...
    x
    What do I need to do to get someone to stop sending harassing mail to me and also is being sent out to multiple people some she don't know
    Answer

    You wil probably need to hire a lawyer to address this. Unfortunately, such issues are often hotly contested and result in expensive litigation as they are NOT generally contingent fee cases.. We handle such cases and provide free consultations to determine how to retain our office to help. You can call us at 1-800-922.6442. 

  • Q
    Inaccurate city service billing over years
    Consumer Fraud  |  Oct 5th, 2017
    Mark Tischhauser, Esq.   No waty to tel from the post. You will need to hire a lawyer, at some expense, to address this and figure out what happened. 
    x
    Inaccurate city service billing over years
    Answer

    No waty to tel from the post. You will need to hire a lawyer, at some expense, to address this and figure out what happened. 

  • Q
    All property was damaged because hurricane Irma finished off the roof. Is landlord responsible for providing a place for us and replacing my things.
    Landlord and Tenant Law  |  Oct 6th, 2017
    Mark Tischhauser, Esq.   No - no more than the LL is responsible fornot stopping the hurricane. Thats what renters insurance is for. 
    x
    All property was damaged because hurricane Irma finished off the roof. Is landlord responsible for providing a place for us and replacing my things.
    Answer

    No - no more than the LL is responsible fornot stopping the hurricane. Thats what renters insurance is for. 

  • Q
    Am I allow to sue if the hospital is very disrespectful towards a patient?
    Medical Malpractice  |  Oct 6th, 2017
    Mark Tischhauser, Esq.   As this has the backdrop of complaints about "giving you something for your pain" in the ER, before ANYTHING is done you will need to hire a lawyer at some expense to review medical records and history to eliminate any "drug seeking behavior" issue. The nature of the post and the complained of respo...
    x
    Am I allow to sue if the hospital is very disrespectful towards a patient?
    Answer

    As this has the backdrop of complaints about "giving you something for your pain" in the ER, before ANYTHING is done you will need to hire a lawyer at some expense to review medical records and history to eliminate any "drug seeking behavior" issue. The nature of the post and the complained of response by the nursing staff suggest that this may be the driving force behind the "disrespect" issue and need to be confirmed or eliminated before you make a big mess of things feeding into that issue. 

  • Q
    Son left for college. Asked mom to keep his dog. Mom went on business trip and when other two kids went to their dads asked him to also watch
    Animal Law  |  Oct 6th, 2017
    Mark Tischhauser, Esq.   "I have grown to love this dog."...Seriously? in what is described as about one week? This has ALL of the trappings of a divorced parent "competiton" issue where the dog is but a weapon in an arsenal of ongoing controversy between the parents.  Bottom line is its not Dad's dog and presumably it...
    x
    Son left for college. Asked mom to keep his dog. Mom went on business trip and when other two kids went to their dads asked him to also watch
    Answer

    "I have grown to love this dog."...Seriously? in what is described as about one week? This has ALL of the trappings of a divorced parent "competiton" issue where the dog is but a weapon in an arsenal of ongoing controversy between the parents.  Bottom line is its not Dad's dog and presumably its still the son's dog, with mom taking care of it while away at college. Properly the dog should be returned to Mom to care for while son is away, absent the son saying different 

  • Q
    CubeSmart Sold my Unit
    Contracts  |  Oct 6th, 2017
    Mark Tischhauser, Esq.   This sale of the storage unit contents didn't likely happen in 2 day - but was subject prior notices and cure opportunities where payment wasn't made. There is a procedure that the storage places must follow in regard to selling contents of storage units. If the contents were subtantial it may be wo...
    x
    CubeSmart Sold my Unit
    Answer

    This sale of the storage unit contents didn't likely happen in 2 day - but was subject prior notices and cure opportunities where payment wasn't made. There is a procedure that the storage places must follow in regard to selling contents of storage units. If the contents were subtantial it may be worth spending some money to have a lawyer review the paperwork and situation to see IF anything can be done and then what. We do handle such cases and provide free consultatons to assist in retaining our office to help on such cases. You can call 1-800-922-6442. 

  • Q
    Bed bug bitten in Plantation..
    Insurance  |  Oct 6th, 2017
    Mark Tischhauser, Esq.   Sadly - you "were told" alot of things that were simply wrong. You need to hire a lawyer ASAP to see what can be done and a claim made - but don't hold your breath, especially with no objective documentation and "holistic" self care rather than medical care. Absent separate evidence of an infestatio...
    x
    Bed bug bitten in Plantation..
    Answer

    Sadly - you "were told" alot of things that were simply wrong. You need to hire a lawyer ASAP to see what can be done and a claim made - but don't hold your breath, especially with no objective documentation and "holistic" self care rather than medical care. Absent separate evidence of an infestation you may find the hotel treating this as a nusinace value/shakedown case. 

  • Q
    Furniture Repossession
    Debtor and Creditor  |  Oct 13th, 2017
    Mark Tischhauser, Esq.   You will need to return the furniture if you refuse to finish out the rent to own contract you signed. Otherwise you might find yourself arrested and prosecuted for theft per Fla. Stat. 812.155. Not sure what you were expecting about 90 days same as cash, since it seems you also didn't pay for the f...
    x
    Furniture Repossession
    Answer

    You will need to return the furniture if you refuse to finish out the rent to own contract you signed. Otherwise you might find yourself arrested and prosecuted for theft per Fla. Stat. 812.155. Not sure what you were expecting about 90 days same as cash, since it seems you also didn't pay for the furniture fully inside the 90 days either, but for the future as a consumer you need to make sure you read and fully understand the transactions you are getting into. 

  • Q
    Mortgage Company is foreclosing
    Foreclosures  |  Oct 8th, 2017
    Mark Tischhauser, Esq.   "I screwed up a payment for June and was immediately placed in Foreclosure"........THAT we know did not actually happen. Such a statement indiates there is MUCH more to this story than related and it will require a lawyer to get accruate facts directly to give you proper remedies and guidance. You w...
    x
    Mortgage Company is foreclosing
    Answer

    "I screwed up a payment for June and was immediately placed in Foreclosure"........THAT we know did not actually happen. Such a statement indiates there is MUCH more to this story than related and it will require a lawyer to get accruate facts directly to give you proper remedies and guidance. You will simply need to invest several thousand dollar in a retainer for a legitimate lawyer to intervene and address this issue and get this solved. 

  • Q
    I did business with a person who did not finish the job. I paid her and she will not respond to me. She owes me about $3,000.00 in unfinished work.
    Breach of Contract  |  Oct 8th, 2017
    Mark Tischhauser, Esq.   and THAT is why you never pay people in advance to do any service work. There is no financially viable solution to this, unless you want to file suit out of principle possibly paying equal to or more than the amoutn in dispute. 
    x
    I did business with a person who did not finish the job. I paid her and she will not respond to me. She owes me about $3,000.00 in unfinished work.
    Answer

    and THAT is why you never pay people in advance to do any service work. There is no financially viable solution to this, unless you want to file suit out of principle possibly paying equal to or more than the amoutn in dispute. 

  • Q
    We are having issues with a Rv Co. that is renting out our motor home since January 2017.We feel they owe us money on rentals they didnt report.
    Consumer Law  |  Oct 9th, 2017
    Mark Tischhauser, Esq.   You will likely need to hire a lawyer at an hourly rate and retainer to address this. You can call our office at 1-83-877-6442 for a free consultation to see how we can help. 
    x
    We are having issues with a Rv Co. that is renting out our motor home since January 2017.We feel they owe us money on rentals they didnt report.
    Answer

    You will likely need to hire a lawyer at an hourly rate and retainer to address this. You can call our office at 1-83-877-6442 for a free consultation to see how we can help. 

  • Q
    Over 30 days, LL has not responded to Security Deposit return request
    Landlord and Tenant Law  |  Oct 9th, 2017
    Mark Tischhauser, Esq.   You will need to hire a lawyer to pursue a security deposit refund. Typically these cases are paid up front by th tenant but you can recover fees if you win. There are several issues to address that can aid in winning in court we use when the LL is playing dirty with keeping the deposits. 
    x
    Over 30 days, LL has not responded to Security Deposit return request
    Answer

    You will need to hire a lawyer to pursue a security deposit refund. Typically these cases are paid up front by th tenant but you can recover fees if you win. There are several issues to address that can aid in winning in court we use when the LL is playing dirty with keeping the deposits. 

  • Q
    Power line fell I reported it they didn't fix the whole line next am it killed my dog do I have a case?
    Animal Law  |  Oct 9th, 2017
    Mark Tischhauser, Esq.   Nope - it was up to you to control your animal especially since you were aware of the downed power line. 
    x
    power line fell I reported it they didn't fix the whole line next am it killed my dog do I have a case?
    Answer

    Nope - it was up to you to control your animal especially since you were aware of the downed power line. 

  • Q
    A parent is spreading false information about my 6 year old 1st grader. She is saying that he is touching other kids, do we have a case for slander?
    Libel, Slander and Defamation  |  Oct 10th, 2017
    Mark Tischhauser, Esq.   Sure you can hire a lawyer to pursue a defamation lawsuit or send a cease and desist letter. Such cases are expensive and can become hotly litigated and are NOT contingent fee cases like car accidents but usually handled on an hourlyrate/retainer basis. If you want to pursue such a case - we do hand...
    x
    A parent is spreading false information about my 6 year old 1st grader. She is saying that he is touching other kids, do we have a case for slander?
    Answer

    Sure you can hire a lawyer to pursue a defamation lawsuit or send a cease and desist letter. Such cases are expensive and can become hotly litigated and are NOT contingent fee cases like car accidents but usually handled on an hourlyrate/retainer basis. If you want to pursue such a case - we do handle them and you can contact our office 1-800-922-6442. 

  • Q
    If our landlord never explained parking regulations, even in the lease, can we do anything about it?
    Landlord and Tenant Law  |  Oct 10th, 2017
    Mark Tischhauser, Esq.   "My question, should my landlord or real estate agent have told us the parking was limited?".....no. You are grown adults, its your responsbility to inquire and investigate such things. The only practical thing to do at this point is abide by the rules or risk being towed since you are now certainly...
    x
    If our landlord never explained parking regulations, even in the lease, can we do anything about it?
    Answer

    "My question, should my landlord or real estate agent have told us the parking was limited?".....no. You are grown adults, its your responsbility to inquire and investigate such things. The only practical thing to do at this point is abide by the rules or risk being towed since you are now certainly aware of the restrictions. 

  • Q
    A broker advertised a business for sale with a net income of $850,000 after spending over $7,000.00 on Due Diligence its makes $375,00 anyrecourse
    Civil Litigation  |  Oct 10th, 2017
    Mark Tischhauser, Esq.   Not likely - at least not in a manner that would be cost effective. If you want to spend money out of pocket on principle you might have a legal basis to do so, but its unlilkely that a broker is obligated to foresnically audit a sellers business and books, especially if its not your broker. 
    x
    a broker advertised a business for sale with a net income of $850,000 after spending over $7,000.00 on Due Diligence its makes $375,00 anyrecourse
    Answer

    Not likely - at least not in a manner that would be cost effective. If you want to spend money out of pocket on principle you might have a legal basis to do so, but its unlilkely that a broker is obligated to foresnically audit a sellers business and books, especially if its not your broker. 

  • Q
    Need help with issues pertaining to our home.
    Landlord and Tenant Law  |  Oct 10th, 2017
    Mark Tischhauser, Esq.   You will simply need to actually hire a lawyer out of pocket to address such a case and assist with "your rights". You can all our office at 1-800-922-6442 to schedule a free consultation to determine what we can do and the costs needed to retain our office. You need to address this immediately BEFO...
    x
    Need help with issues pertaining to our home.
    Answer

    You will simply need to actually hire a lawyer out of pocket to address such a case and assist with "your rights". You can all our office at 1-800-922-6442 to schedule a free consultation to determine what we can do and the costs needed to retain our office. You need to address this immediately BEFORE the LL files an eviction law suit. 

  • Q
    Good afternoon my daughter was injured on December 14, 2012 in a private school bus her case is now in the Miami dade county court system I had 5 diff
    Personal Injury  |  Oct 10th, 2017
    Mark Tischhauser, Esq.   I can assure you that the lawyers had no difficulty "getting ahold of" the school or its insurer. The problem is likely the school wont pay what you want and the lawyers dont see the value in the case that they will spendthe money to put on a trial. There is no "fix" for this other than reasses...
    x
    Good afternoon my daughter was injured on December 14, 2012 in a private school bus her case is now in the Miami dade county court system I had 5 diff
    Answer

    I can assure you that the lawyers had no difficulty "getting ahold of" the school or its insurer. The problem is likely the school wont pay what you want and the lawyers dont see the value in the case that they will spendthe money to put on a trial. There is no "fix" for this other than reassessing the settlement propects or possibly you agreeing to fund the expense of trial to see what a jury says. 

  • Q
    Do I have a case for arbitration against my insurance co. on a theft claim?
    Insurance  |  Oct 10th, 2017
    Mark Tischhauser, Esq.   You will probably have to actually hire a lawyer to sort this out. 
    x
    Do I have a case for arbitration against my insurance co. on a theft claim?
    Answer

    You will probably have to actually hire a lawyer to sort this out. 

  • Q
    I got scammed from one or two banks involved by keeping my money and playing around in order not to return my money back
    Consumer Fraud  |  Oct 10th, 2017
    Mark Tischhauser, Esq.   No idea what you are describing so its impossible to answer. 
    x
    I got scammed from one or two banks involved by keeping my money and playing around in order not to return my money back
    Answer

    No idea what you are describing so its impossible to answer. 

  • Q
    A Comcast representative promised me Home Security at no charge. All mine and wife's signatures/initials were forged on contracts. What should I do?
    Consumer Fraud  |  Oct 10th, 2017
    Mark Tischhauser, Esq.   You'll need to hire a lawyer - possibly at an hourly rate/retainer to address the forgery issue. If you are correct you shold be able to get your legal fees reimbursed by Comcast.
    x
    A Comcast representative promised me Home Security at no charge. All mine and wife's signatures/initials were forged on contracts. What should I do?
    Answer

    You'll need to hire a lawyer - possibly at an hourly rate/retainer to address the forgery issue. If you are correct you shold be able to get your legal fees reimbursed by Comcast.

  • Q
    I was mis diagnosed at a hospital is this a case?
    Medical Malpractice  |  Oct 11th, 2017
    Mark Tischhauser, Esq.   Not for malpractive  - no on the facts described. There are no real damages as thankfully you didn't puncture a lung. 
    x
    I was mis diagnosed at a hospital is this a case?
    Answer

    Not for malpractive  - no on the facts described. There are no real damages as thankfully you didn't puncture a lung. 

  • Q
    What if a person lies in a deposition and than the defendants Attorney files a motion to strike due to fraud on the court
    Civil Litigation  |  Oct 11th, 2017
    Mark Tischhauser, Esq.   You have asked this question on numerous sites. The answer is the same. If you are pro-se and don't know what you are doing you will need to hire a lawyer some how to handle the case. 
    x
    What if a person lies in a deposition and than the defendants Attorney files a motion to strike due to fraud on the court
    Answer

    You have asked this question on numerous sites. The answer is the same. If you are pro-se and don't know what you are doing you will need to hire a lawyer some how to handle the case. 

  • Q
    What do I do if my insurance company will not properly complete a comprehensive claim
    Insurance  |  Oct 11th, 2017
    Mark Tischhauser, Esq.   You can hire a lawyer to sue the insurance company. You can recvoer your legal fees from the insurance company if you win. 
    x
    What do I do if my insurance company will not properly complete a comprehensive claim
    Answer

    You can hire a lawyer to sue the insurance company. You can recvoer your legal fees from the insurance company if you win. 

  • Q
    Checks were forged on my fathers account.67 thousand.he passed away and I am personal representative and the bank was helpful at first.then seen how
    Litigation  |  Oct 12th, 2017
    Mark Tischhauser, Esq.   Hate to tell you but 99% of lawyers will not take family squabbles in a probate case on a contingent fee. This is most likely some family member that is target of such allegations, and forgery cases are very difficult to blame on the banks as opposed to the criminal doing the forging. If this is som...
    x
    checks were forged on my fathers account.67 thousand.he passed away and I am personal representative and the bank was helpful at first.then seen how
    Answer

    Hate to tell you but 99% of lawyers will not take family squabbles in a probate case on a contingent fee. This is most likely some family member that is target of such allegations, and forgery cases are very difficult to blame on the banks as opposed to the criminal doing the forging. If this is something the estate needs to pursue, then the estate will likely have to hire a lawyer at some out of pocket expense to pursue such claims. 

  • Q
    My ex-husband published a book in 2016, I just read part of it. He lied about me, our marriage, & the reasons for demise of our marriage. Do I have a
    Libel, Slander and Defamation  |  Oct 4th, 2017
    Mark Tischhauser, Esq.   Possibly - its typically a matter of you being willing to spend the money to pursue such a claim and the details of the statements. Given the divorce relationship and the mental health issue, you would need to plan on this being a hotly contested iand expensive issue to litigate. We handle such case...
    x
    My ex-husband published a book in 2016, I just read part of it. He lied about me, our marriage, & the reasons for demise of our marriage. Do I have a
    Answer

    Possibly - its typically a matter of you being willing to spend the money to pursue such a claim and the details of the statements. Given the divorce relationship and the mental health issue, you would need to plan on this being a hotly contested iand expensive issue to litigate. We handle such cases if you want to pursue such a case. You can call our office at 1-800-922-6442 to schedule an appointment at your convenience. 

  • Q
    What can I do to empty the room of a roommate who left his things but has not been here or paid rent for 8 months, as his name is in the lease also?
    Breach of Contract  |  Oct 4th, 2017
    Mark Tischhauser, Esq.   Nothing - he is on the lease and you have no right to touch his things. You may want to hire a lawyer to address this properly since you have already gone an exposed yourself to a lawsuit from the new room mate, whcih, BTW you can't authorize to move in anyway as only the LL can do that. 
    x
    What can I do to empty the room of a roommate who left his things but has not been here or paid rent for 8 months, as his name is in the lease also?
    Answer

    Nothing - he is on the lease and you have no right to touch his things. You may want to hire a lawyer to address this properly since you have already gone an exposed yourself to a lawsuit from the new room mate, whcih, BTW you can't authorize to move in anyway as only the LL can do that. 

  • Q
    HOA late fees keep piling up
    Collections  |  Oct 4th, 2017
    Mark Tischhauser, Esq.   Unfortunately, you can't eat your cake and have it too. Since you haven't been able to resolve the issue, you will likely find HOA filing a lis pendens and then foreclosing on your house shortly so you are better served to retain a lawyer to address this ASAP. 
    x
    HOA late fees keep piling up
    Answer

    Unfortunately, you can't eat your cake and have it too. Since you haven't been able to resolve the issue, you will likely find HOA filing a lis pendens and then foreclosing on your house shortly so you are better served to retain a lawyer to address this ASAP. 

  • Q
    Can I sue progressive insurance and thier underwriters for slander and libel for falsely stating that I had an at fault accident on my clue report?
    Libel, Slander and Defamation  |  Oct 3rd, 2017
    Mark Tischhauser, Esq.   " I spoke to progressive customer service and she stated that it was a common practice of progressive underwriters to falsely report information on clue reports to agents in order to charge higher rates and premiums"..........Unless you actually have that in writing, get an affidavit fro mthe C...
    x
    Can I sue progressive insurance and thier underwriters for slander and libel for falsely stating that I had an at fault accident on my clue report?
    Answer

    " I spoke to progressive customer service and she stated that it was a common practice of progressive underwriters to falsely report information on clue reports to agents in order to charge higher rates and premiums"..........Unless you actually have that in writing, get an affidavit fro mthe CS rep, or a lawful recording no one will ever believe that story true or not. That stated, getting a lawyer to take such an issue on a contingent fee absent that will be unlikely. You may have to pay a lawyer to pursue such a case at the outset and possibly convert to a contingent fee if there is evidence to support your claim. 

  • Q
    How can I not lose everything after 6 months of renting without a lease and landlord made us live in terrible conditions, owes me thousands for labor
    Landlord and Tenant Law  |  Oct 4th, 2017
    Mark Tischhauser, Esq.   You simply need to move ASAP. The 'ol "verbal agreement" where the LL owes you for labor gets ZERO credibility especially when you complain the house is in bad condition and the rent is lilkely below market value. Adding that you dont have a lease and are month to month you simply made a foolish cho...
    x
    How can I not lose everything after 6 months of renting without a lease and landlord made us live in terrible conditions, owes me thousands for labor
    Answer

    You simply need to move ASAP. The 'ol "verbal agreement" where the LL owes you for labor gets ZERO credibility especially when you complain the house is in bad condition and the rent is lilkely below market value. Adding that you dont have a lease and are month to month you simply made a foolish choice to make improvements to the property of any type. Unless you have the ability to spend thousands of dollars on a tenant lawyer to address an inevitable eviction this type of situation is a no-win situation. 

  • Q
    I live in an HOA Townhouse in Stuart, Fl. Where I was told my son who is 36 an has a felony conviction is not allowed to visit me. Can you help?
    Litigation  |  Oct 4th, 2017
    Mark Tischhauser, Esq.   There is no simple solution here as the facts you provide simply aren't believable. Your son is simply there too often, your neighbors have no idea of what REALLY is going on so they are of little use, and EVERY HOA will have restrictions on visitor frequency, unapproved "move ins" and allowing conv...
    x
    I live in an HOA Townhouse in Stuart, Fl. Where I was told my son who is 36 an has a felony conviction is not allowed to visit me. Can you help?
    Answer

    There is no simple solution here as the facts you provide simply aren't believable. Your son is simply there too often, your neighbors have no idea of what REALLY is going on so they are of little use, and EVERY HOA will have restrictions on visitor frequency, unapproved "move ins" and allowing convicted felons on the property. If that seems harsh, its simply because you are sympathetic to your adult child and others are not. You can imgaine if a convicted serial rapist, home robber and murderer (pedofile if you had kids) visited next door everyday - that is somone's child too - but you would be rightfully terrifiied. If your son needs food and laundry - and you REALLY claim he is not living with you......then the remedy is simple, you go to HIS place and cook and do laundry to help him and problem solved. If the answer is you cant or wont do that - THEN its obvious you are not being truthful about your son's staying with you. 

  • Q
    Sign a note with a truck as collateral . Resign a note to get the Truck back and replaced with other . Had the truck sold . But still it has a lean
    Breach of Contract  |  Oct 4th, 2017
    Mark Tischhauser, Esq.   This is why you shoudl have had a lawyer of your own from the start. Now you have to hire one to sort out the mess and see what was agreed to and what can be done. You need to do this ASAP and it will sadly cost you money out of pocket at this point to address. 
    x
    Sign a note with a truck as collateral . Resign a note to get the Truck back and replaced with other . Had the truck sold . But still it has a lean
    Answer

    This is why you shoudl have had a lawyer of your own from the start. Now you have to hire one to sort out the mess and see what was agreed to and what can be done. You need to do this ASAP and it will sadly cost you money out of pocket at this point to address. 

  • Q
    Question about health insurance
    Insurance  |  Oct 4th, 2017
    Mark Tischhauser, Esq.   This is why she needs to hire an injury lawyer ASAP. We see this often and on of the most important issues is often to bypass the health insurance red tape if at all possible. 
    x
    Question about health insurance
    Answer

    This is why she needs to hire an injury lawyer ASAP. We see this often and on of the most important issues is often to bypass the health insurance red tape if at all possible. 

  • Q
    Can a landlord tell me show me that cable is included in my rent but does not provide cable can he still charge me the original price.
    Landlord and Tenant Law  |  Oct 4th, 2017
    Mark Tischhauser, Esq.   If you can prove that cable is actually included in rent. "They told me" may not be enough. If this is going to be an issue for you  - you will need toweigh the financial aspect of suing the LL or risking eviction and hiring a lawyer to address it if it become a big deal. 
    x
    Can a landlord tell me show me that cable is included in my rent but does not provide cable can he still charge me the original price.
    Answer

    If you can prove that cable is actually included in rent. "They told me" may not be enough. If this is going to be an issue for you  - you will need toweigh the financial aspect of suing the LL or risking eviction and hiring a lawyer to address it if it become a big deal. 

  • Q
    Full coverage ins. on vehicle. want to replace engine with used one what is the law
    Insurance  |  Oct 4th, 2017
    Mark Tischhauser, Esq.   Depends on your insurance policy language in large part
    x
    full coverage ins. on vehicle. want to replace engine with used one what is the law
    Answer

    Depends on your insurance policy language in large part

  • Q
    An offer was made to renew a repo contract. If I pay good faith money before aug 30 they would pay off old contract and restart new at new lower $.
    Breach of Contract  |  Oct 1st, 2017
    Mark Tischhauser, Esq.   This is simply a mess that you created when you went into default for what ever reason and the a repo occurred. Given the amount at issue - you REALLY need to accept that that you will likely have to spend some significant money in legal fees to address this issue. 
    x
    An offer was made to renew a repo contract. If I pay good faith money before aug 30 they would pay off old contract and restart new at new lower $.
    Answer

    This is simply a mess that you created when you went into default for what ever reason and the a repo occurred. Given the amount at issue - you REALLY need to accept that that you will likely have to spend some significant money in legal fees to address this issue. 

  • Q
    Can i sue my doctor for not refilling my much needed percriptions until i visit her?
    Medical Malpractice  |  Oct 2nd, 2017
    Mark Tischhauser, Esq.   No - there is no claim here at all. Your remedy would be to find another doctor closer to you or to make other arrangements. 
    x
    can i sue my doctor for not refilling my much needed percriptions until i visit her?
    Answer

    No - there is no claim here at all. Your remedy would be to find another doctor closer to you or to make other arrangements. 

  • Q
    A company illegally opened a credit account in my name. My credit score was affected. What kind of lawyer do I need.
    Litigation  |  Oct 2nd, 2017
    Mark Tischhauser, Esq.   Probably a consumer lawyer - we handle such cases but whether or not it would qualify for a contingent fee woukd depend on the facts and details. 
    x
    A company illegally opened a credit account in my name. My credit score was affected. What kind of lawyer do I need.
    Answer

    Probably a consumer lawyer - we handle such cases but whether or not it would qualify for a contingent fee woukd depend on the facts and details. 

  • Q
    Had my bank account Levy from a judgement over 10 years ago never got any court appearance
    Debtor and Creditor  |  Oct 2nd, 2017
    Mark Tischhauser, Esq.   You won't get a court appearance unless you follow procedures and request one. Even then absent some exemption - you may be stuck. You need to hire a lawyer to review this and address the issues as needed. 
    x
    Had my bank account Levy from a judgement over 10 years ago never got any court appearance
    Answer

    You won't get a court appearance unless you follow procedures and request one. Even then absent some exemption - you may be stuck. You need to hire a lawyer to review this and address the issues as needed. 

  • Q
    Who do i need to contact if someone is trying to sue me for damages to their car and their enjoyment of life
    Automobile Accidents  |  Oct 2nd, 2017
    Mark Tischhauser, Esq.   Your insurance company and if none, then a civil trial lawyer. 
    x
    Who do i need to contact if someone is trying to sue me for damages to their car and their enjoyment of life
    Answer

    Your insurance company and if none, then a civil trial lawyer. 

  • Q
    I had surgery to repair my shoulder 3 weeks ago. I went back in for follow up and was told it didn't work, I could live with the deformity and never (
    Medical Malpractice  |  Oct 2nd, 2017
    Mark Tischhauser, Esq.    Do I have a case?  Not unless or until a doctor says the surgery failure was "ridiculous" in writing and defines it as malpractice. Until then its simply a failed surgery effort. You may want to discuss this with the secondary doctor and if he'll put that opinion in writing bring it to a ...
    x
    I had surgery to repair my shoulder 3 weeks ago. I went back in for follow up and was told it didn't work, I could live with the deformity and never (
    Answer

     Do I have a case?  Not unless or until a doctor says the surgery failure was "ridiculous" in writing and defines it as malpractice. Until then its simply a failed surgery effort. You may want to discuss this with the secondary doctor and if he'll put that opinion in writing bring it to a peronsal injury lawyer for review ASAP. 

  • Q
    Legal contract to lease
    Landlord and Tenant Law  |  Oct 2nd, 2017
    Mark Tischhauser, Esq.   You have a response - but can't tell what you need from the post. 
    x
    Legal contract to lease
    Answer

    You have a response - but can't tell what you need from the post. 

  • Q
    When can I claim a lease credit of 16k$ to my business buyer
    Contracts  |  Oct 2nd, 2017
    Mark Tischhauser, Esq.   You tell us......YOU played lawyer and drafted the sales agreement so YOU should know exactly what was agreed to, how the deal was structured, and who gets what when. Other than that  - you will simply need to spend the money to hire a lawyer and start to assess the damage you did and problems ...
    x
    When can I claim a lease credit of 16k$ to my business buyer
    Answer

    You tell us......YOU played lawyer and drafted the sales agreement so YOU should know exactly what was agreed to, how the deal was structured, and who gets what when. Other than that  - you will simply need to spend the money to hire a lawyer and start to assess the damage you did and problems that may have been created with your self made contract. 

  • Q
    What are my rights if landlord refuses to return property?
    Landlord and Tenant Law  |  Oct 3rd, 2017
    Mark Tischhauser, Esq.   You will need to hire a lawyer to address these issues. Starting point is that barns and sheds are generally "fixtures" to the property and they are now owned by the LL. Other than that if there is a dispute about the damages, she will either pursue it or she wont, but you will have the ability to o...
    x
    What are my rights if landlord refuses to return property?
    Answer

    You will need to hire a lawyer to address these issues. Starting point is that barns and sheds are generally "fixtures" to the property and they are now owned by the LL. Other than that if there is a dispute about the damages, she will either pursue it or she wont, but you will have the ability to offer proof in court that your dogs did no damage, if she does. 

  • Q
    Why r there NOATTORNYS WILLING TO DEFEND AN INMATE
    Medical Malpractice  |  Oct 2nd, 2017
    Mark Tischhauser, Esq.   Typically because they make terrible clients on a contingent fee for a variety of reasons, ranging from lack of credibiilty to lessened sympathy with juries. Remember, unless you are paying your legal fees out of pocket, you are asking lawyers to risk often tens of thousands of dollars in legal fees...
    x
    why r there NOATTORNYS WILLING TO DEFEND AN INMATE
    Answer

    Typically because they make terrible clients on a contingent fee for a variety of reasons, ranging from lack of credibiilty to lessened sympathy with juries. Remember, unless you are paying your legal fees out of pocket, you are asking lawyers to risk often tens of thousands of dollars in legal fees and expenses to pursue an injury case - and as such they will be VERY picky on when and where that happens. 

  • Q
    Can LL evict due to non payment
    Landlord and Tenant Law  |  Sep 28th, 2017
    Mark Tischhauser, Esq.   If you are simply trying to get ahold of the LL to explain why you cant pay rent as opposed to making the full payment due - you are wasting your time and will set yourself up for evicton if you dont pay all the money in the 3 day period. That is exaclty what a 3 day notice is for. 
    x
    Can LL evict due to non payment
    Answer

    If you are simply trying to get ahold of the LL to explain why you cant pay rent as opposed to making the full payment due - you are wasting your time and will set yourself up for evicton if you dont pay all the money in the 3 day period. That is exaclty what a 3 day notice is for. 

  • Q
    Contract terminology
    Contracts  |  Oct 2nd, 2017
    Mark Tischhauser, Esq.   No way to tell without reviewing your PM agreement. Generally a PM agreement is between you and the PM and has little to do with HOA charges or approval. You wll have to hire a lawyer to review the agreement to get a more definitive answer. 
    x
    Contract terminology
    Answer

    No way to tell without reviewing your PM agreement. Generally a PM agreement is between you and the PM and has little to do with HOA charges or approval. You wll have to hire a lawyer to review the agreement to get a more definitive answer. 

  • Q
    No one will contact me for an open and close libel case I'm trying to persue.
    Libel, Slander and Defamation  |  Sep 30th, 2017
    Mark Tischhauser, Esq.   Thats because every client thinks such cases are "open and closed" when the lawyer is expected to pay for all the legal fees and costs out of pocket and the client has little or no financial risk. As a lawyer that actually handles defamation cases, they are typically expensive to litigate and often ...
    x
    No one will contact me for an open and close libel case I'm trying to persue.
    Answer

    Thats because every client thinks such cases are "open and closed" when the lawyer is expected to pay for all the legal fees and costs out of pocket and the client has little or no financial risk. As a lawyer that actually handles defamation cases, they are typically expensive to litigate and often very complicatd combative cases given the emotional issues. If you are willing to hire a lawyer where they are paid by you (the traditional wayy - not the car accident % way) you will find many more lawyers willing to handle such a case. 

  • Q
    I was storing my tools in an ex friends garage from 8/27/17, till yesterday(9/28/17). He sold my tools without my consent Over 15k worth
    Civil Litigation  |  Sep 28th, 2017
    Mark Tischhauser, Esq.   There is no practical remedy here. YOu trusted someone with such expensive items, who for no explainable reason, sells them off and cliams you never left any tools and you have no inventory, records or reciepts of the tools nor leaving them there. Unless you have some other evidence or explanation a...
    x
    I was storing my tools in an ex friends garage from 8/27/17, till yesterday(9/28/17). He sold my tools without my consent Over 15k worth
    Answer

    There is no practical remedy here. YOu trusted someone with such expensive items, who for no explainable reason, sells them off and cliams you never left any tools and you have no inventory, records or reciepts of the tools nor leaving them there. Unless you have some other evidence or explanation as to why this occurred, you are left with a civil lawsuit that you probaby can't prove or financially fund. 

  • Q
    How can I collect money from a guy that owns a business?
    Breach of Contract  |  Sep 28th, 2017
    Mark Tischhauser, Esq.   If he wont pay voluntarily - you will need to hire a lawyer and sue them or write it off as a learning lesson/business expense. 
    x
    How can I collect money from a guy that owns a business?
    Answer

    If he wont pay voluntarily - you will need to hire a lawyer and sue them or write it off as a learning lesson/business expense. 

  • Q
    What is the process of I want to sue someone for slander? Do they get arrested or just served papers for court?
    Libel, Slander and Defamation  |  Sep 28th, 2017
    Mark Tischhauser, Esq.   There may be civil and criminal components of what was said. The issues as to defamation are purely civil though and require a lawyer youhire at your expense. 
    x
    What is the process of I want to sue someone for slander? Do they get arrested or just served papers for court?
    Answer

    There may be civil and criminal components of what was said. The issues as to defamation are purely civil though and require a lawyer youhire at your expense. 

  • Q
    I need a lawyer for a defamation case?
    Libel, Slander and Defamation  |  Sep 28th, 2017
    Mark Tischhauser, Esq.   As a lawyer that handles such cases - contact a lawyer that handles such cases and give them the readers digest condensed version of the facts and go from there to see if and how the lawyer may be able to help.
    x
    I need a lawyer for a defamation case?
    Answer

    As a lawyer that handles such cases - contact a lawyer that handles such cases and give them the readers digest condensed version of the facts and go from there to see if and how the lawyer may be able to help.

  • Q
    Do i have a way to go against dealership bill?
    Automobile Accidents  |  Sep 28th, 2017
    Mark Tischhauser, Esq.   Not as to the dealership - you made a financial decision to buy someone else a car, and the fact that you chose poorly in doing so is not the dealership or finance companies fault. This should have been dealt with through the lawyer you hired for the divorce. 
    x
    Do i have a way to go against dealership bill?
    Answer

    Not as to the dealership - you made a financial decision to buy someone else a car, and the fact that you chose poorly in doing so is not the dealership or finance companies fault. This should have been dealt with through the lawyer you hired for the divorce. 

  • Q
    I've had to put a car i had for 6 months in the shop 5 times is there some way to get out of my finance contract
    Debtor and Creditor  |  Sep 29th, 2017
    Mark Tischhauser, Esq.   Not on the facts presented no. This may be a warranty or lemon law case if the car was new or had a warranty. 
    x
    I've had to put a car i had for 6 months in the shop 5 times is there some way to get out of my finance contract
    Answer

    Not on the facts presented no. This may be a warranty or lemon law case if the car was new or had a warranty. 

  • Q
    What is the legal responsibility of a landlord/owner following a hurricane regarding repairs?
    Landlord and Tenant Law  |  Sep 30th, 2017
    Mark Tischhauser, Esq.   Its the landlords house  - not the tenants. If there are crappy repairs - temporary ornot,  it affects his asset. Unless or until it affects habitability or becomes a material breach of the lease, and this all revolves around the lease obligations for all parties, there is not mu...
    x
    What is the legal responsibility of a landlord/owner following a hurricane regarding repairs?
    Answer

    Its the landlords house  - not the tenants. If there are crappy repairs - temporary ornot,  it affects his asset. Unless or until it affects habitability or becomes a material breach of the lease, and this all revolves around the lease obligations for all parties, there is not much a tenant can do about the situation effectively. BY example, its not the LL can do if there is power loss  - they dont control the utility. 

  • Q
    Can they levy your truck over a credit card debt
    Collections  |  Sep 29th, 2017
    Mark Tischhauser, Esq.   Yes - once a judgment is rendered it doesnt matter what for. 
    x
    Can they levy your truck over a credit card debt
    Answer

    Yes - once a judgment is rendered it doesnt matter what for. 

  • Q
    I need lawyer for chiropractor malpractice,after a accident he did chiropracted adjustment that cause me to loose over 85% usage of my left arm
    Medical Malpractice  |  Sep 29th, 2017
    Mark Tischhauser, Esq.   If thats documented in writing with an expert, you simply need to retain a medical malpractice lawyer ASAP. IF thats simply an accusation, you will likely need to retain a medical expert to support such a claim first and must do so immediately as the statute of limitations for med mal claims are ver...
    x
    I need lawyer for chiropractor malpractice,after a accident he did chiropracted adjustment that cause me to loose over 85% usage of my left arm
    Answer

    If thats documented in writing with an expert, you simply need to retain a medical malpractice lawyer ASAP. IF thats simply an accusation, you will likely need to retain a medical expert to support such a claim first and must do so immediately as the statute of limitations for med mal claims are very short.

  • Q
    What are my options if I hired a body shop to repairs certain issues but not all and they ended up repairing everything?
    Insurance  |  Sep 29th, 2017
    Mark Tischhauser, Esq.   If your insurance carrier paid for it - and your intent is to stiff the shop for work actually performed, so YOU can skim the extra money, you are probably going to spend the money you think you will skim on a lawyer dealing with a Fla. Stat. 559 case to get your car back out of the mechanics lein t...
    x
    What are my options if I hired a body shop to repairs certain issues but not all and they ended up repairing everything?
    Answer

    If your insurance carrier paid for it - and your intent is to stiff the shop for work actually performed, so YOU can skim the extra money, you are probably going to spend the money you think you will skim on a lawyer dealing with a Fla. Stat. 559 case to get your car back out of the mechanics lein the shop will impose. If this is simply a balance that was NOT paid by the insurance carrier - then you need to work this out with the shop if possible. Otherwise, you still end up with a Fla. Stat. 559 lawsuit to deal with. 

  • Q
    Re: FS 718.1255. Does 718.1255(4)(h) act independent of 718.1255(4)(k)?
    Civil Litigation  |  Sep 28th, 2017
    Mark Tischhauser, Esq.   Internet blurb websites are not a budget Westlaw service. To get legal analysis for such specific issues you will simply need to hire a lawyer to handle the issues or make your own best educated analysis and hope its the right one in court. 
    x
    Re: FS 718.1255. Does 718.1255(4)(h) act independent of 718.1255(4)(k)?
    Answer

    Internet blurb websites are not a budget Westlaw service. To get legal analysis for such specific issues you will simply need to hire a lawyer to handle the issues or make your own best educated analysis and hope its the right one in court. 

  • Q
    If a landlord states in a lease he will refund or make a claim on the scurity deposit in 14 does that over ride the 30 day time in Florida Statuets
    Landlord and Tenant Law  |  Sep 30th, 2017
    Mark Tischhauser, Esq.   No - not really. Its a badly worded statute - but essentially they have 30 days to make claims against the SD. 
    x
    If a landlord states in a lease he will refund or make a claim on the scurity deposit in 14 does that over ride the 30 day time in Florida Statuets
    Answer

    No - not really. Its a badly worded statute - but essentially they have 30 days to make claims against the SD. 

  • Q
    I had an oral agreement with someone to remodel a home in another state. Although home and contractor are in the other state, Can I sue them in FL?
    Contracts  |  Sep 30th, 2017
    Mark Tischhauser, Esq.    "I have heard different opinions from attorney's but I would prefer to sue him in Florida." This is likely because you have hired none of them so that they can provide a PROPER legal opinion  - so you get off the cuff junk advice otherwise. As a PRACTICAL matter, 99% of your issues are in...
    x
    I had an oral agreement with someone to remodel a home in another state. Although home and contractor are in the other state, Can I sue them in FL?
    Answer

     "I have heard different opinions from attorney's but I would prefer to sue him in Florida." This is likely because you have hired none of them so that they can provide a PROPER legal opinion  - so you get off the cuff junk advice otherwise. As a PRACTICAL matter, 99% of your issues are in Alabama so you will likely find the logistics alone of trying to sue in Florida to be untenable and STILL possibly find yourself dealing with litigation in Alabama. If what you are REALLY asking is  - can YOU go play lawyer - and file your own lawsuit from the comfort of your couch in Florida, that would be a horiffic concept under the facts presented. 

  • Q
    Are Judgment Recovery companies reliable
    Collections  |  Sep 30th, 2017
    Mark Tischhauser, Esq.   Collection of such judgments is ALWAYS the problem. Its simply a crap shoot and most often simply ends in a push. 
    x
    Are Judgment Recovery companies reliable
    Answer

    Collection of such judgments is ALWAYS the problem. Its simply a crap shoot and most often simply ends in a push. 

  • Q
    Defamation
    Libel, Slander and Defamation  |  Sep 30th, 2017
    Mark Tischhauser, Esq.   There are a number of options all depending on who "they" are. You will likely need to retain an attorney, typically with an hourly rate and retainer, to start addressing such issues. Waiting and seeing what happens is generally a poor choice. 
    x
    Defamation
    Answer

    There are a number of options all depending on who "they" are. You will likely need to retain an attorney, typically with an hourly rate and retainer, to start addressing such issues. Waiting and seeing what happens is generally a poor choice. 

  • Q
    I rented s townhouse in Brandon, FL in July 2017. Every time I walk in the place my sinus burns, I get headaches and cough at night.
    Landlord and Tenant Law  |  Sep 28th, 2017
    Mark Tischhauser, Esq.   Your remedy will be to hire a mold assessor at your expense and then send a 7 day repair notice to the LL if the assessment shows "black mold". If LL doesn't remediate in 7 days, then your remedy is to terminate the lease and move out. Otherwise, if you have health issues, you may want to relocate o...
    x
    I rented s townhouse in Brandon, FL in July 2017. Every time I walk in the place my sinus burns, I get headaches and cough at night.
    Answer

    Your remedy will be to hire a mold assessor at your expense and then send a 7 day repair notice to the LL if the assessment shows "black mold". If LL doesn't remediate in 7 days, then your remedy is to terminate the lease and move out. Otherwise, if you have health issues, you may want to relocate on your own, again at your expense temporarily, to make sure if it is toxic mold (which is RARE) that you limit your exposure. If it IS some form of toxic mold you need to document any isues with COMPETENT medical professionals - not Dr. Quakadoo on the internet that "specializes in psychic mold Holistic care" and works as a "mold toxicity advocate" as 99% of such "physicians" are professional witnesses lon the fringe of medical care ooking to carve an emoloyment niche or feed a political/social agenda and they have little credibility if a home owners claim is made for documented actual physical harm. In the mean time you can also discuss it with your LL and if they agree  - they may just let you out of the lease to move elsewhere. 

  • Q
    Lost control of me while in surgery.Gouges out of arm,black and blue finger prints and bruised.Feel totally violated under anesthesia.still bandages.
    Medical Malpractice  |  Sep 26th, 2017
    Mark Tischhauser, Esq.   Hmmm.....this post raises numerous questions starting with what is meant by "lost control of you" during a surgery and "your arm got caught on something" ....., that you have brusing anc claims of fingerprints suggest some issue with restraining you. That this is followed by the odd characterization...
    x
    Lost control of me while in surgery.Gouges out of arm,black and blue finger prints and bruised.Feel totally violated under anesthesia.still bandages.
    Answer

    Hmmm.....this post raises numerous questions starting with what is meant by "lost control of you" during a surgery and "your arm got caught on something" ....., that you have brusing anc claims of fingerprints suggest some issue with restraining you. That this is followed by the odd characterization that "you feel violated" screams "buzz word accusation" to fit an agenda and raises further questions as to what actually happened that you shoudl feel "violated.". Whether or no there is some viable lawsut will revolve extensively around actual damages caused by the "losing control of you" and speicially what that entails. "Feeling violated" in a vacuum is simply not enough damages to support a viable med mal claim, unless you were willing to put up the tens of thousands of dollars in costs and legal fees to pursue such a claim rather than expect a contingent fee. 

  • Q
    I have a stalking charge a viloation on an existing injunction and a new injunction all on October 4 can promise payment if we can talk and get this p
    Civil Litigation  |  Sep 28th, 2017
    Mark Tischhauser, Esq.   You need to worry less about promising payment for a result and simply IMMEDIATELY hire the lawyer you should have when the issue first arose. That your own family memebers are aligned against you is typically NOT a helpful sign.  You need to find a criiminal or family law lawyer in your area t...
    x
    I have a stalking charge a viloation on an existing injunction and a new injunction all on October 4 can promise payment if we can talk and get this p
    Answer

    You need to worry less about promising payment for a result and simply IMMEDIATELY hire the lawyer you should have when the issue first arose. That your own family memebers are aligned against you is typically NOT a helpful sign.  You need to find a criiminal or family law lawyer in your area to hire ASAP. 

  • Q
    Can my apartment complex evict me for not paying a $100 trash fine, even thought I pay my rent every month on time?
    Landlord and Tenant Law  |  Sep 27th, 2017
    Mark Tischhauser, Esq.   First - you need to refocus from "whether they can prove you did it" to "whether or not you did it". If you did it, regardless of whether they have proof, pay the fine and move on. Otherwise, you may get what you ask for - but get to have your day in court with an eviuction proceeding and you may wi...
    x
    Can my apartment complex evict me for not paying a $100 trash fine, even thought I pay my rent every month on time?
    Answer

    First - you need to refocus from "whether they can prove you did it" to "whether or not you did it". If you did it, regardless of whether they have proof, pay the fine and move on. Otherwise, you may get what you ask for - but get to have your day in court with an eviuction proceeding and you may win the battle but lose the war if that occurs. They do not have to "prove to you" anything - its simply a matter of either you did it or you didn't. 

  • Q
    Related to IP Addresses
    Litigation  |  Sep 27th, 2017
    Mark Tischhauser, Esq.   UM.....no? You are asking lawyers to go do free legal work for you simply because .....well......you woiuld like it. You would not tell plumbers Hey! go design and make a list of the pipes I need to re-do my bathroom and e-mail it to me so I can DIY the project myself and expect that anyone would do...
    x
    Related to IP Addresses
    Answer

    UM.....no? You are asking lawyers to go do free legal work for you simply because .....well......you woiuld like it. You would not tell plumbers Hey! go design and make a list of the pipes I need to re-do my bathroom and e-mail it to me so I can DIY the project myself and expect that anyone would do that would you? NO. If you want or need such research or information, you will either hire a lawyer or some legal research entity at some expense to provide this information to you. Bear in mind the more expansive and detailed such a search would be - the more expensive it will also be.

  • Q
    How much anttoney fee?
    Civil Litigation  |  Sep 27th, 2017
    Mark Tischhauser, Esq.   Depends on what you are trying to accomplish in court and what the issues are. THAT is what usually forms the basis for paying a legal retainer. 
    x
    How much anttoney fee?
    Answer

    Depends on what you are trying to accomplish in court and what the issues are. THAT is what usually forms the basis for paying a legal retainer. 

  • Q
    What can I do if I disagree with the valuation of my Class A RV by an insurance claims adjuster?
    Insurance  |  Sep 27th, 2017
    Mark Tischhauser, Esq.   You will really want to hire a lawyer - even if you pay out of pocket - to address this as many insurance companies will be squeezing claims for obvious reasons and you may need to file suit over the issue. On a positive note - there is Fla. Stat. 627.428, that allows you to recover legal fees if yo...
    x
    What can I do if I disagree with the valuation of my Class A RV by an insurance claims adjuster?
    Answer

    You will really want to hire a lawyer - even if you pay out of pocket - to address this as many insurance companies will be squeezing claims for obvious reasons and you may need to file suit over the issue. On a positive note - there is Fla. Stat. 627.428, that allows you to recover legal fees if you prevail in the lawsuit. 

  • Q
    Need a lawyer to represent me in a civil claim
    Civil Litigation  |  Sep 22nd, 2017
    Mark Tischhauser, Esq.   If you were uninsured, this is likely to be an expensive undertaking and may ultimately lead to filing bankruptcy...just a heads up. Other than that - any civil trial lawyer familiar with insurance and injury lawsuits can help you. To that end, feel free to schedule a FREE in office consultation, bu...
    x
    Need a lawyer to represent me in a civil claim
    Answer

    If you were uninsured, this is likely to be an expensive undertaking and may ultimately lead to filing bankruptcy...just a heads up. Other than that - any civil trial lawyer familiar with insurance and injury lawsuits can help you. To that end, feel free to schedule a FREE in office consultation, but if there is litigation coming down the pike, you need to be prepared for a pricey retainer unfortuately. 

  • Q
    Should i press charges against my midwife?
    Medical Malpractice  |  Sep 22nd, 2017
    Mark Tischhauser, Esq.   Press charges for what? There is no criminality here. You are clearly unhappy with the OB and made a change to a new one. Typically the new physician will request records from the old one as this will often occur without you paying pricey copy charges. You can work with the new OB to address that is...
    x
    Should i press charges against my midwife?
    Answer

    Press charges for what? There is no criminality here. You are clearly unhappy with the OB and made a change to a new one. Typically the new physician will request records from the old one as this will often occur without you paying pricey copy charges. You can work with the new OB to address that issue OR you can file a AHCA/DOH complaint if the old OB wont give you records even if you agree to pay for them at the statutory rate. 

  • Q
    Can someone sue you for a different amount than what they originally said?
    Civil Litigation  |  Sep 23rd, 2017
    Mark Tischhauser, Esq.   No idea about what her claim is but you might have a strong slander case based on the microphone comments - assuming they aren't true. The bad news is such cases are typically hourly rate/retainer cases not contingent fee cases so you will need to weigh the expense of litigation with the actual dama...
    x
    Can someone sue you for a different amount than what they originally said?
    Answer

    No idea about what her claim is but you might have a strong slander case based on the microphone comments - assuming they aren't true. The bad news is such cases are typically hourly rate/retainer cases not contingent fee cases so you will need to weigh the expense of litigation with the actual damages of the conduct to determine if its a good investment for you.

  • Q
    After u get a judgement against someone that didnt pay like he was told to pay by courts.whats the next step to go after the money
    Civil Litigation  |  Sep 23rd, 2017
    Mark Tischhauser, Esq.   THIS is why you hire family law lawyers - to address such issues. What to do depends on the underlying details. Generally, with a judgment you will need to hire a lawyer to enforce the judgment if you can. Problem there is always practical and financial issues vs. legal ones as it could cost you mor...
    x
    After u get a judgement against someone that didnt pay like he was told to pay by courts.whats the next step to go after the money
    Answer

    THIS is why you hire family law lawyers - to address such issues. What to do depends on the underlying details. Generally, with a judgment you will need to hire a lawyer to enforce the judgment if you can. Problem there is always practical and financial issues vs. legal ones as it could cost you more in legal fees trying to enforce a judgement that might not be collectible. Your best bet is to hire a family law lawyer immediately and go from there as there may be other family court remedies like contempt. 

  • Q
    We lease a car KiA Feb 2016
    Consumer Law  |  Sep 25th, 2017
    Mark Tischhauser, Esq.   You will likely have to hire a lawyer to address this if there is a dipsute about why the car "got stuck" and the engine failed. In the mean time you definitely want to get the mainetance records showing you had proper maintenance as they will typically put this on your credit and sue over such dama...
    x
    We lease a car KiA Feb 2016
    Answer

    You will likely have to hire a lawyer to address this if there is a dipsute about why the car "got stuck" and the engine failed. In the mean time you definitely want to get the mainetance records showing you had proper maintenance as they will typically put this on your credit and sue over such damages. 

  • Q
    Diseased or dead tree falls on your property; who is responsible for removal & cleanup?
    Civil Litigation  |  Sep 25th, 2017
    Mark Tischhauser, Esq.   Not sure what "Florida handbook" you reference, but it depends on a variety of circumstances including by example, if the damages were done durring a hurricane or just randomly fell over. You can start with making a claim against the other property owners insurance coverage and see where it goes fro...
    x
    Diseased or dead tree falls on your property; who is responsible for removal & cleanup?
    Answer

    Not sure what "Florida handbook" you reference, but it depends on a variety of circumstances including by example, if the damages were done durring a hurricane or just randomly fell over. You can start with making a claim against the other property owners insurance coverage and see where it goes from there. You may need to spend some money out of pocket to hire a lawyer to handle the claim if there are substantial damages. 

  • Q
    Replevin
    Consumer Law  |  Sep 26th, 2017
    Mark Tischhauser, Esq.   There is no way around this costing thousands of dollars in legal fees to pursue, for replevin or damages, thats simply a fact of life. Another fact of life is you will need to retain a lawyer to address such an issue as you can see you aleady made costly mistakes as you should have sued for damages...
    x
    Replevin
    Answer

    There is no way around this costing thousands of dollars in legal fees to pursue, for replevin or damages, thats simply a fact of life. Another fact of life is you will need to retain a lawyer to address such an issue as you can see you aleady made costly mistakes as you should have sued for damages in the alternative to replevin and now you have to file a new lawsuit. 

  • Q
    Am I responsible to pay legal fees?
    Personal Injury  |  Sep 26th, 2017
    Mark Tischhauser, Esq.   Legally - there is a strong argument the answer is yes as it was your negligence, at least in some part, in not closing the door allowing the dog to get out that caused the event. 
    x
    am I responsible to pay legal fees?
    Answer

    Legally - there is a strong argument the answer is yes as it was your negligence, at least in some part, in not closing the door allowing the dog to get out that caused the event. 

  • Q
    I was slightly injured at a retailer business, what should I do?
    Personal Injury  |  Sep 25th, 2017
    Mark Tischhauser, Esq.   Need more info to even begin to address this other than to say you should contact a personal injury lawyer that offeres free consults and go from there. 
    x
    I was slightly injured at a retailer business, what should I do?
    Answer

    Need more info to even begin to address this other than to say you should contact a personal injury lawyer that offeres free consults and go from there. 

  • Q
    Someone keeping my property!
    Breach of Contract  |  Sep 26th, 2017
    Mark Tischhauser, Esq.   You will need to spend some money on a lawyer to sue him for replevin if he wont give you your things back. It sucks but its unfortunately the price paid when living with someone and then breaking up. 
    x
    Someone keeping my property!
    Answer

    You will need to spend some money on a lawyer to sue him for replevin if he wont give you your things back. It sucks but its unfortunately the price paid when living with someone and then breaking up. 

  • Q
    Can i dismiss eviction for forged documents and never receiving properly receiving 3 day notice?
    Landlord and Tenant Law  |  Sep 5th, 2017
    Mark Tischhauser, Esq.   Possibly a case for dismissal or summary judgment - BUT you will need to hire a lawyer to handle this properly as such issues are VERY technical and easy to botch and get yourself evicted. 
    x
    Can i dismiss eviction for forged documents and never receiving properly receiving 3 day notice?
    Answer

    Possibly a case for dismissal or summary judgment - BUT you will need to hire a lawyer to handle this properly as such issues are VERY technical and easy to botch and get yourself evicted. 

  • Q
    In Florida, is it a legal requirement for a business to give the customer an itemized receipt.?
    Consumer Law  |  Sep 5th, 2017
    Mark Tischhauser, Esq.   No. There is no such requirement as you described absent an agreed contract provison that you could have negotiated otherwise. 
    x
    In Florida, is it a legal requirement for a business to give the customer an itemized receipt.?
    Answer

    No. There is no such requirement as you described absent an agreed contract provison that you could have negotiated otherwise. 

  • Q
    My adult son's got into a fight at home.No one saw who swung first because no one else was in the room but the two of them.
    Police Misconduct  |  Sep 4th, 2017
    Mark Tischhauser, Esq.   This is simply a classic controversy between people calling 911 and seeking police intervention on family members and then later, when head clear, want to drop charges, only to find out that they dont want the results. You need to be VERY careful in this situation as this sounds more like you are tr...
    x
    My adult son's got into a fight at home.No one saw who swung first because no one else was in the room but the two of them.
    Answer

    This is simply a classic controversy between people calling 911 and seeking police intervention on family members and then later, when head clear, want to drop charges, only to find out that they dont want the results. You need to be VERY careful in this situation as this sounds more like you are trying to keep your one son from having to deal with criminal charges - and that may backfire badly as there is no question that a criminal batter occured, law enforcement showed up, and in theory BOTH sons could have been charged and may well be if this goes sideways. There is also a potential that you could be charged with obstruction or filing a false report by trying to retract what was claimed by law enforcement, who candidly have zero motive to have lied or exaggerated on the issue as they simply ould have charged BOTH with domestic violence/battery. To be clear - to law enforcement efforts to retact criminal charges after a domesitc event is so common that most locales make well known that if the victim sabotages the prosecution, THEY will catch charges, so people stop calling 911 and using law enforcement as DR. Phil. 

  • Q
    Lawyer wired rl est closing funds to cyber-hacked account. Seller does not have the money. What should seller do?
    Legal Malpractice  |  Sep 2nd, 2017
    Mark Tischhauser, Esq.   This is not going to be addressed on an internet blurb. This is an issue for the seller to deal with by asking the sellers attorney. Othrwise seller will have to hire a second lawyer, out of pocket, to sue the buyers for recission or damages for sending the money to the wrong place. 
    x
    Lawyer wired rl est closing funds to cyber-hacked account. Seller does not have the money. What should seller do?
    Answer

    This is not going to be addressed on an internet blurb. This is an issue for the seller to deal with by asking the sellers attorney. Othrwise seller will have to hire a second lawyer, out of pocket, to sue the buyers for recission or damages for sending the money to the wrong place. 

  • Q
    Can my landlord sell my home that he is already in the middle of selling to me
    Landlord and Tenant Law  |  Sep 1st, 2017
    Mark Tischhauser, Esq.   It is NOT "your home"....you are renters and possibly buyers so it is the LL home. IF you have a written contract for buying the house the LL ability to sell the house is all based on that written agreement. What you desctribe is that the LL says the money you paid is first and last months RENT, not...
    x
    Can my landlord sell my home that he is already in the middle of selling to me
    Answer

    It is NOT "your home"....you are renters and possibly buyers so it is the LL home. IF you have a written contract for buying the house the LL ability to sell the house is all based on that written agreement. What you desctribe is that the LL says the money you paid is first and last months RENT, not a down payment, with a sales contract or purchase option. As you seem to have been there only month you need to actually hire a lawyer immediately to review what you think is a purchase agreement BEFORE you find yourself getting sued for eviction. 

  • Q
    If the car dealer knows I already signed to buy a car from another dealer yet make me sign a loan/ buy from him promising to help cancel the other
    Consumer Fraud  |  Sep 5th, 2017
    Mark Tischhauser, Esq.   The only consumer fraud here is on your end. You simply cannot contract with people to buy cars, take possessions of them, then claim to "go window shopping" buy another car, and then play each off the the other for a better deal atfter the fact. You are probably going to get stuck with 2 cars and 2...
    x
    If the car dealer knows I already signed to buy a car from another dealer yet make me sign a loan/ buy from him promising to help cancel the other
    Answer

    The only consumer fraud here is on your end. You simply cannot contract with people to buy cars, take possessions of them, then claim to "go window shopping" buy another car, and then play each off the the other for a better deal atfter the fact. You are probably going to get stuck with 2 cars and 2 loans or sued over one or the other ot both. There is no "cancel the contract" after its signed prospect. NOw you will unfortunately need to spend the money you though you were saving on legal fees to hire a lawyer to sort this all out. 

  • Q
    Is there any way for me to break my lease without an eveiction or fines
    Landlord and Tenant Law  |  Sep 7th, 2017
    Mark Tischhauser, Esq.   There is none other than working out a deal with the LL and making sure ALL the rent is paid in full - not just "your half". 
    x
    Is there any way for me to break my lease without an eveiction or fines
    Answer

    There is none other than working out a deal with the LL and making sure ALL the rent is paid in full - not just "your half". 

  • Q
    Am I required to pay back withheld rent after the repairs have been made to my rental home?
    Landlord and Tenant Law  |  Sep 8th, 2017
    Mark Tischhauser, Esq.   You need to pay the rent in the 3 days or the LL will file an eviction proceeding, that will be on your permanent record, even if you won. As a general rule you cannot withold rent in Florida for such repairs and when you can, there is a specific procedure to follow. 
    x
    Am I required to pay back withheld rent after the repairs have been made to my rental home?
    Answer

    You need to pay the rent in the 3 days or the LL will file an eviction proceeding, that will be on your permanent record, even if you won. As a general rule you cannot withold rent in Florida for such repairs and when you can, there is a specific procedure to follow. 

  • Q
    Hello -Looking in the Tampa, FL area for someone to handle a solar energy company breach of contract issue?
    Breach of Contract  |  Sep 10th, 2017
    Mark Tischhauser, Esq.   We handle such cases - you can call our office at 813-877-6442 for a FREE consultation. 
    x
    Hello -Looking in the Tampa, FL area for someone to handle a solar energy company breach of contract issue?
    Answer

    We handle such cases - you can call our office at 813-877-6442 for a FREE consultation. 

  • Q
    How can I avoid foreclosure
    Foreclosures  |  Sep 11th, 2017
    Mark Tischhauser, Esq.   YOu need to pay what you owe......if you have a dispute about that, hire a lawyer, pay what you owe under protest and then sue to get it back. 
    x
    How can I avoid foreclosure
    Answer

    YOu need to pay what you owe......if you have a dispute about that, hire a lawyer, pay what you owe under protest and then sue to get it back. 

  • Q
    I received a letter "Notice of intent to foreclose"
    Foreclosures  |  Sep 11th, 2017
    Mark Tischhauser, Esq.   No way to tell but there is certainly a process that will need to occur. That stated, you need to address the reason for the foreclosure and hire a lawyer ASAP BEFORE you lose your house. 
    x
    I received a letter "Notice of intent to foreclose"
    Answer

    No way to tell but there is certainly a process that will need to occur. That stated, you need to address the reason for the foreclosure and hire a lawyer ASAP BEFORE you lose your house. 

  • Q
    Resenly put new floor on my condo Association requiere corcho on botton of tile. Recenly got at letter for assetmet for rha roof ro be fix got storm w
    Insurance  |  Sep 19th, 2017
    Mark Tischhauser, Esq.   there is no question here......
    x
    Resenly put new floor on my condo Association requiere corcho on botton of tile. Recenly got at letter for assetmet for rha roof ro be fix got storm w
    Answer

    there is no question here......

  • Q
    I live at Belvedere Apt. in Naples. Because of damage to the building I'm moving out. They are not giving me my deposit back, I didn't give the 60 da
    Landlord and Tenant Law  |  Sep 19th, 2017
    Mark Tischhauser, Esq.   Not sure what the question is - butif you breach the lease - depending on the deposit amount, you may not only lose it but still owe more. The exception would be if the damage to the building rendered it uninhabitable and you followed the proper procedure to terminate the tenancy as such.
    x
    I live at Belvedere Apt. in Naples. Because of damage to the building I'm moving out. They are not giving me my deposit back, I didn't give the 60 da
    Answer

    Not sure what the question is - butif you breach the lease - depending on the deposit amount, you may not only lose it but still owe more. The exception would be if the damage to the building rendered it uninhabitable and you followed the proper procedure to terminate the tenancy as such.

  • Q
    I hired a housesitter/pet sitter thru Trusted Housesitters.com. she totaled my car arrested for dui and left my pets with no food or water
    Civil Litigation  |  Sep 19th, 2017
    Mark Tischhauser, Esq.   You can sue her all you like - but practically collecting anything is unlikely from the facts presented. As to the website liability - this ill revolve around the terms of the agreement, disclaimers etc. Unfortunately, most such cases will involve paying a lawyer up front for handling the issue so, ...
    x
    I hired a housesitter/pet sitter thru Trusted Housesitters.com. she totaled my car arrested for dui and left my pets with no food or water
    Answer

    You can sue her all you like - but practically collecting anything is unlikely from the facts presented. As to the website liability - this ill revolve around the terms of the agreement, disclaimers etc. Unfortunately, most such cases will involve paying a lawyer up front for handling the issue so, again, it may not be cost effective. 

  • Q
    A small claims was filed against me in fl and i no longer live in fl
    Collections  |  Sep 20th, 2017
    Mark Tischhauser, Esq.   They can still serve you out of state for the lawsuit in Florida and your absence tolls the time for the statute of limitatons to run. You shoud hire a lawyer to address this issue directly. 
    x
    a small claims was filed against me in fl and i no longer live in fl
    Answer

    They can still serve you out of state for the lawsuit in Florida and your absence tolls the time for the statute of limitatons to run. You shoud hire a lawyer to address this issue directly. 

  • Q
    Fence damage
    Insurance  |  Sep 20th, 2017
    Mark Tischhauser, Esq.   Not necessarily. You can ake a claim but it will depend on a lot of factors. Such things are exactly why you should always have homeowners insurance on your property.
    x
    fence damage
    Answer

    Not necessarily. You can ake a claim but it will depend on a lot of factors. Such things are exactly why you should always have homeowners insurance on your property.

  • Q
    Do I have a valid complaint
    Medical Malpractice  |  Sep 21st, 2017
    Mark Tischhauser, Esq.   While it may have happened as you described - most people will not belive that you told a doctor you smoked a few puffs of weed and that he said he would make a note of it, and its "ok" for several reasons. One such a statement is as believeable as clamining you didn't inhale or THC in your system i...
    x
    do I have a valid complaint
    Answer

    While it may have happened as you described - most people will not belive that you told a doctor you smoked a few puffs of weed and that he said he would make a note of it, and its "ok" for several reasons. One such a statement is as believeable as clamining you didn't inhale or THC in your system is secondary smoke. Smoking weed is typically lifestyle and that absent a college dorm party - a few puffs is lilkely code for " I smoke weed regularly" much like people always claims 2 beers is what they had in a DUI, because one wont be believed and 3 means step out of the car. That stated, depending on the length of time passing for the prescriptions, I suspect there may have some OTHER issues in the blood run, such as the amount of THC not being consistent with a single "puff" a week prior or some other drug use issues. Regardless, there isn'ta remedy here because if you should not have be given the pain meds - you were lucky you did and can't cry foul they don't continue what you shouldn't have gotten to start. 

  • Q
    My small Yorkie dog was brutal attack by two pitbulls that live just a couple of houses down from me. Can I sue the owners
    Animal Law  |  Sep 22nd, 2017
    Mark Tischhauser, Esq.   Yes - but unfortunately such cases are typically not covered by insurance and are NOT contingent fee cases, but rather hourly rate/retainer cases if they are to be pursued. 
    x
    My small Yorkie dog was brutal attack by two pitbulls that live just a couple of houses down from me. Can I sue the owners
    Answer

    Yes - but unfortunately such cases are typically not covered by insurance and are NOT contingent fee cases, but rather hourly rate/retainer cases if they are to be pursued. 

  • Q
    Is it too late to hire a lawyer if I'm due in court for a final judgment on foreclosure in a week
    Foreclosures  |  Sep 20th, 2017
    Mark Tischhauser, Esq.   Nothing like waiting untl the last minute. The answer is who knows and you wil only find out once you hire the lawyer to review the case. Practically, you should have no illusions that a lawyer hired one week notice is going to do anything miraculous, under the old adage of "lack of preparation on y...
    x
    Is it too late to hire a lawyer if I'm due in court for a final judgment on foreclosure in a week
    Answer

    Nothing like waiting untl the last minute. The answer is who knows and you wil only find out once you hire the lawyer to review the case. Practically, you should have no illusions that a lawyer hired one week notice is going to do anything miraculous, under the old adage of "lack of preparation on your part does not make an emergency on the part of others."

  • Q
    Can my ex girlfriend kick me out and keep all of my belongings if I am not on the lease?
    Landlord and Tenant Law  |  Sep 20th, 2017
    Mark Tischhauser, Esq.   You will likely need to hire a lawyer at some expense to intervene and may need to sue her to get your stuff back and access to the apartment since you are not on the lease. 
    x
    Can my ex girlfriend kick me out and keep all of my belongings if I am not on the lease?
    Answer

    You will likely need to hire a lawyer at some expense to intervene and may need to sue her to get your stuff back and access to the apartment since you are not on the lease. 

  • Q
    When is a car falls under the lemon Law in Florida?
    Consumer Law  |  Sep 19th, 2017
    Mark Tischhauser, Esq.   You can review Fla., Stat. 681 and visit the Attorney General website for the applicable standards. 
    x
    When is a car falls under the lemon Law in Florida?
    Answer

    You can review Fla., Stat. 681 and visit the Attorney General website for the applicable standards. 

  • Q
    How do we qualify for a hardship license after accident?
    Insurance  |  Sep 12th, 2017
    Mark Tischhauser, Esq.   " We find out it didnt have insurance, it was never transferred." This is a problem as the only person than could and can transfer the insurance to the new vehicle would be you, such that you should have know this. That stated, you needto retain a lawyer to review the issue as there is typciall...
    x
    How do we qualify for a hardship license after accident?
    Answer

    " We find out it didnt have insurance, it was never transferred." This is a problem as the only person than could and can transfer the insurance to the new vehicle would be you, such that you should have know this. That stated, you needto retain a lawyer to review the issue as there is typcially a "newly aquired vehicle" clause in most insurance policies that may afford coverage 

  • Q
    Landlord misconduct
    Landlord and Tenant Law  |  Sep 12th, 2017
    Mark Tischhauser, Esq.   There is no remedy here - if you are MTM tenant, with no lease, 15 days notice is all that is needed to terminate the tenancy and you can be evicted and subjected to DOUBLE rent damages if you don't move. DO NOT LET the LL file an eviction action as it will be on your public record permanantly. You ...
    x
    Landlord misconduct
    Answer

    There is no remedy here - if you are MTM tenant, with no lease, 15 days notice is all that is needed to terminate the tenancy and you can be evicted and subjected to DOUBLE rent damages if you don't move. DO NOT LET the LL file an eviction action as it will be on your public record permanantly. You simply need to make accomodations to find a new place ASAP. 

  • Q
    Best way to sue a relative to collect a 16k debt and what are the statue of limitations for such a case?
    Collections  |  Sep 12th, 2017
    Mark Tischhauser, Esq.   You will need to hire a lawyer at some expense to address this if its to be addressed in a lawsuit. You can't just run around putting leins on things as an example. The SOL is likely 4 years assuming there was some provable agreement to repay the money, which in hindsight, you now see should have be...
    x
    Best way to sue a relative to collect a 16k debt and what are the statue of limitations for such a case?
    Answer

    You will need to hire a lawyer at some expense to address this if its to be addressed in a lawsuit. You can't just run around putting leins on things as an example. The SOL is likely 4 years assuming there was some provable agreement to repay the money, which in hindsight, you now see should have been made in writing or for the reasons now revelaed, not at all. Expecting criminals to be responsible and honest when you get them out is simply unrealisitc. 

  • Q
    My wife was on the ER with severe pain and after treating her, Humana Insurance doesn't want to pay for the ER Services
    Insurance  |  Sep 12th, 2017
    Mark Tischhauser, Esq.   Unfair, unfortunately is not a legal standard. The services were either covered by insurance or they weren't and thats the issue. If they are suing for damages, you do need to retain a lawyer to represent you - BUT such lawyer typically are retained on an out of pocket retainer basis. YOu may also w...
    x
    My wife was on the ER with severe pain and after treating her, Humana Insurance doesn't want to pay for the ER Services
    Answer

    Unfair, unfortunately is not a legal standard. The services were either covered by insurance or they weren't and thats the issue. If they are suing for damages, you do need to retain a lawyer to represent you - BUT such lawyer typically are retained on an out of pocket retainer basis. YOu may also want to talk to a bankruptcy lawyer if the charges are substantial. 

  • Q
    My husband has a fistula in his left arm
    Medical Malpractice  |  Sep 12th, 2017
    Mark Tischhauser, Esq.   Not hearing any claim of damages, let alone substantial damages, so no real case here as described. 
    x
    My husband has a fistula in his left arm
    Answer

    Not hearing any claim of damages, let alone substantial damages, so no real case here as described. 

  • Q
    We lost our sailboat in the hurricane because they county or town clised the north causeway bridge in New Smyrna on Saturday at 700am. any recovery?
    Civil Litigation  |  Sep 12th, 2017
    Mark Tischhauser, Esq.   Nope, not likely  - Unfortunately, you had PLENTY of notice that the hurricane was coming to have made other arrangements for the boat if it had limitations for escape avenues. You also had plenty of time to interact with the EOC to find out about such things prior to the event. Its unfortunate...
    x
    We lost our sailboat in the hurricane because they county or town clised the north causeway bridge in New Smyrna on Saturday at 700am. any recovery?
    Answer

    Nope, not likely  - Unfortunately, you had PLENTY of notice that the hurricane was coming to have made other arrangements for the boat if it had limitations for escape avenues. You also had plenty of time to interact with the EOC to find out about such things prior to the event. Its unfortunate - but hopefuly you had insurance to cover the loss or can make a FEMA claim. 

  • Q
    My 19 year old son had an accident while driving my car.
    Automobile Accidents  |  Sep 12th, 2017
    Mark Tischhauser, Esq.   You are legally liable as if you were driving because it was your car. Its always wise to hire your won lawyer, though it costs some expense, to keep the insurance carrier honest as many times they will act in thier own finanical interest more than your if they can get away with it. Its simply a jud...
    x
    My 19 year old son had an accident while driving my car.
    Answer

    You are legally liable as if you were driving because it was your car. Its always wise to hire your won lawyer, though it costs some expense, to keep the insurance carrier honest as many times they will act in thier own finanical interest more than your if they can get away with it. Its simply a judgment call. 

  • Q
    What do I do in my situation? I am in a longterm relationship. we had a commitment ceremony. no legal certificate, raise our children together, share
    Contracts  |  Sep 15th, 2017
    Mark Tischhauser, Esq.   Can't have cake and eat it too as at this point in time the world does not recognize "shakin up" as an actual marriage short of  legally recognized common law marriage. Common law marriage is not recognizedin Florida. That stated, an insurer can voluntarily extend coverage to wom ever they choo...
    x
    what do I do in my situation? I am in a longterm relationship. we had a commitment ceremony. no legal certificate, raise our children together, share
    Answer

    Can't have cake and eat it too as at this point in time the world does not recognize "shakin up" as an actual marriage short of  legally recognized common law marriage. Common law marriage is not recognizedin Florida. That stated, an insurer can voluntarily extend coverage to wom ever they choose to and can claissify a DP as whateve definition they want. Either you will meet thier standard or you won't, but you likely won't have a legal basis to file suit to force coverage, unless you want to spend a pile of money trying to change the law to conform to your view point. This is one of many "loop holes" in the system where straight couples ate often penalized. 

  • Q
    My landlord's management company spoke with on the phone about us breaking our lease andsaid he would refund r depo but will not giveusthatin writin
    Landlord and Tenant Law  |  Sep 17th, 2017
    Mark Tischhauser, Esq.   As a tenant lawyer I will tell you that a "health concern" and "an odor" is simply not a legal basis to break lease. I suspect that the PM is willing to make some concessions for you as if you are raising such issues and "mulitple other violations" in the first month, they see you as a problem tenan...
    x
    My landlord's management company spoke with on the phone about us breaking our lease andsaid he would refund r depo but will not giveusthatin writin
    Answer

    As a tenant lawyer I will tell you that a "health concern" and "an odor" is simply not a legal basis to break lease. I suspect that the PM is willing to make some concessions for you as if you are raising such issues and "mulitple other violations" in the first month, they see you as a problem tenant and are willing to make concessions to get you out of there to avoid the hassle,regardless of whather you feel your issues are jusitifed or not. That stated, there is no legal means to compel a courtesy. If you want out - you will get out on negotiated terms whcih may include having to trust thier representations a deal with any issue later or simply leave with proper notice and may need to sue for return of monies you claim you are entitled to or call it a cost of doing business and move on otherwise you will risk having a lease break issue and possibly a lawsuit from the LL seeking damages.

  • Q
    Who is responsible for large tree is property is rented. . Details follow.
    Landlord and Tenant Law  |  Sep 17th, 2017
    Mark Tischhauser, Esq.   This simply revolves around the lease terms and the insurance coverages at issue. You may need to make a claims for the expense against your renters insurance or possibly the home owners coverage to see if they'll reimburse it. 
    x
    Who is responsible for large tree is property is rented. . Details follow.
    Answer

    This simply revolves around the lease terms and the insurance coverages at issue. You may need to make a claims for the expense against your renters insurance or possibly the home owners coverage to see if they'll reimburse it. 

  • Q
    For my car diminished value claim
    Insurance  |  Sep 18th, 2017
    Mark Tischhauser, Esq.   This is a deficiency claim NOT diminished value. There is no real remedy here, other than hiring a lawyer for a lawsuit, if the inusrance carrier won't assess he vehicle at a higher value. Unfortunately, if you over finance a car, i.e. its "upside down", the insurance carrier does not pay for poor c...
    x
    for my car diminished value claim
    Answer

    This is a deficiency claim NOT diminished value. There is no real remedy here, other than hiring a lawyer for a lawsuit, if the inusrance carrier won't assess he vehicle at a higher value. Unfortunately, if you over finance a car, i.e. its "upside down", the insurance carrier does not pay for poor credit or financing decisions, but rather the actual cash value of the vehicle (ACV). 

  • Q
    My GF employer gave her a w-2 and she is having problems bcs The SS said she have nothing on her record. She is having a lot of problems for her taxes
    Civil Litigation  |  Sep 18th, 2017
    Mark Tischhauser, Esq.   She will need to hire a lawyer and possibly a CPA to start sorting this out. There is no reason that she should be prevented from filing taxes, period end of story. There are some missing pieces here that will need to be addressed. 
    x
    My GF employer gave her a w-2 and she is having problems bcs The SS said she have nothing on her record. She is having a lot of problems for her taxes
    Answer

    She will need to hire a lawyer and possibly a CPA to start sorting this out. There is no reason that she should be prevented from filing taxes, period end of story. There are some missing pieces here that will need to be addressed. 

  • Q
    If you sign a contract that says no debit card or ACH payments and they accept a debit card payment is it legally binding
    Contracts  |  Sep 18th, 2017
    Mark Tischhauser, Esq.   In theory if the accept the payment - without later rejecting and returning it, in theory it should count as payment made. 
    x
    If you sign a contract that says no debit card or ACH payments and they accept a debit card payment is it legally binding
    Answer

    In theory if the accept the payment - without later rejecting and returning it, in theory it should count as payment made. 

  • Q
    Put a camper trailer at RV sales lot on consignment my camper has significant damages including flooring missing TV ceiling leak and soiled mattress
    Civil Litigation  |  Sep 19th, 2017
    Mark Tischhauser, Esq.   Unless there is evidence that the RV lot CAUSED the damage - this is simply an insurance claim from your end. By example, if there were roof leaks and water intrusion, that is typically NOT the obligation of a consignee to fix or repair such issues, though there may be a potential argument if they w...
    x
    Put a camper trailer at RV sales lot on consignment my camper has significant damages including flooring missing TV ceiling leak and soiled mattress
    Answer

    Unless there is evidence that the RV lot CAUSED the damage - this is simply an insurance claim from your end. By example, if there were roof leaks and water intrusion, that is typically NOT the obligation of a consignee to fix or repair such issues, though there may be a potential argument if they we aware of such a situation and were unreasonable in thier efforts to notify you to protect your RV. If there wasa theft of break in, then there might be a different issue to address, which would be an adequate security case. 

  • Q
    Need to present a letter to a parent for their minor child theft of my property. what are the steps I need to take?
    Civil Litigation  |  Sep 19th, 2017
    Mark Tischhauser, Esq.   Unless the property had substantial value, it is likely better to simply disassociate from the child and not allow them on your property, if you aren't pressing charges. YIf the property was valuable or you expect the parents to pay money to you, you may want to hire a lawyer to avoid any issues tha...
    x
    Need to present a letter to a parent for their minor child theft of my property. what are the steps I need to take?
    Answer

    Unless the property had substantial value, it is likely better to simply disassociate from the child and not allow them on your property, if you aren't pressing charges. YIf the property was valuable or you expect the parents to pay money to you, you may want to hire a lawyer to avoid any issues that often arise with extortion or to deal with releases, etc. 

  • Q
    Hello. If someone borrowed my car, and damaged it (broken glasses,dents,and scratches), but refuses to fix it. What legal actions can I take?
    Civil Litigation  |  Sep 19th, 2017
    Mark Tischhauser, Esq.   Your only remedy is to sue him if he wont fix the damage or pay for it. Whether this is worth the expense of hiring a lawyer and filing a lawsuit is simply a mathmatical assessment. This unfortunately is the price you pay for the "wink wink nudge nudge" expectation that he was going to get insurance...
    x
    Hello. If someone borrowed my car, and damaged it (broken glasses,dents,and scratches), but refuses to fix it. What legal actions can I take?
    Answer

    Your only remedy is to sue him if he wont fix the damage or pay for it. Whether this is worth the expense of hiring a lawyer and filing a lawsuit is simply a mathmatical assessment. This unfortunately is the price you pay for the "wink wink nudge nudge" expectation that he was going to get insurance on the vehicle, that was uninsured and in your name, .....why?.....because everyone knows he CAN'T get insurance on your car because he doesn't own it, let alone expect that he is going to fork out that amount of money for borrowing a car for a few days, as you can't insure a car "for a few days." It would be cheaper to get a rental. 

  • Q
    I asked my HOA to remove a tree which then hit my roof with a lot of damage after the hurricane. I field a claim with my Homeowners Insurance.
    Insurance  |  Sep 13th, 2017
    Mark Tischhauser, Esq.   Not inherently - it will all depend on the HOA rules etc and details of the circumstances. If this was a hurricane issue its even more unlikely for several reasons. 
    x
    I asked my HOA to remove a tree which then hit my roof with a lot of damage after the hurricane. I field a claim with my Homeowners Insurance.
    Answer

    Not inherently - it will all depend on the HOA rules etc and details of the circumstances. If this was a hurricane issue its even more unlikely for several reasons. 

  • Q
    How do i retrive a car sold on a contract and the person is not making pymts...He is 1, 500.00 behind...
    Civil Litigation  |  Sep 13th, 2017
    Mark Tischhauser, Esq.   All depends on the details of the contract - you may have to file a replevin lawsuit with a lawyer. Regardless I would suggest you contact a lawyer to review the transaction first and go from there.
    x
    How do i retrive a car sold on a contract and the person is not making pymts...He is 1, 500.00 behind...
    Answer

    All depends on the details of the contract - you may have to file a replevin lawsuit with a lawyer. Regardless I would suggest you contact a lawyer to review the transaction first and go from there.

  • Q
    LOOKING for defamation Atty
    Libel, Slander and Defamation  |  Sep 13th, 2017
    Mark Tischhauser, Esq.   As a lawyer handling defamation cases - this is not really a defamtation case. Its more likely some form of "civil rights" or "malicious prosecution" type case. This hopefully has some form a video component as absent positive third party witness testimony such a case would be difficult and expensiv...
    x
    LOOKING for defamation Atty
    Answer

    As a lawyer handling defamation cases - this is not really a defamtation case. Its more likely some form of "civil rights" or "malicious prosecution" type case. This hopefully has some form a video component as absent positive third party witness testimony such a case would be difficult and expensive to litigate or try. 

  • Q
    Is doctor negligent for not issuing prescription, even knowing that my condition will worsen without this med ?
    Medical Malpractice  |  Sep 14th, 2017
    Mark Tischhauser, Esq.   Not inherently or in a vacuum no.
    x
    Is doctor negligent for not issuing prescription, even knowing that my condition will worsen without this med ?
    Answer

    Not inherently or in a vacuum no.

  • Q
    My car got a huge scratch in the property I live in , I also had two break in on my apartment can I sue he complex for the damages
    Landlord and Tenant Law  |  Sep 14th, 2017
    Mark Tischhauser, Esq.   "I also being trying to get the lease contract void" and there is the REAL agenda. Generally no, just because your car had some damage or there wre break ins, does not make the aprtment responsilble fo the criminal acts of third parties nor inherently allow you out of a lease. It is clear that there...
    x
    My car got a huge scratch in the property I live in , I also had two break in on my apartment can I sue he complex for the damages
    Answer

    "I also being trying to get the lease contract void" and there is the REAL agenda. Generally no, just because your car had some damage or there wre break ins, does not make the aprtment responsilble fo the criminal acts of third parties nor inherently allow you out of a lease. It is clear that there is an ongping controversy between you and the complex and that will ultimately be resolved by you moving at the end of you r lease or if its truly a ecurity threat, leaving now regardless of the lease for your safety and dealing with the civil lawsuit or contract obligations later. 

  • Q
    My sister just received a settlement from malpractice. Her daughter will get some $ as an structure settlement. does my sister have to do the Same?
    Medical Malpractice  |  Sep 14th, 2017
    Mark Tischhauser, Esq.   Unless you are a legal guardian over your sister - there is no US it it only HER. It is HER case with HER lawyer and you need to be sure you are not interfwering (even with the best intentions) as you will most likely create a controversy that may be unnecessary and avoidable. There are MANY benefit...
    x
    My sister just received a settlement from malpractice. Her daughter will get some $ as an structure settlement. does my sister have to do the Same?
    Answer

    Unless you are a legal guardian over your sister - there is no US it it only HER. It is HER case with HER lawyer and you need to be sure you are not interfwering (even with the best intentions) as you will most likely create a controversy that may be unnecessary and avoidable. There are MANY benefits to an injured party structing a settlement or part of it but this would be addressed with the lawyer and possibly a financial advisor and the client. 

  • Q
    Placed a claim July 6 , still getting the run around, liv
    Insurance  |  Sep 14th, 2017
    Mark Tischhauser, Esq.   No way to answer such a question as posed. Bottom line is if its YOUR insurance carrier and you made a claim for the loss - you have an obligation to cooprerate with them. 
    x
    Placed a claim July 6 , still getting the run around, liv
    Answer

    No way to answer such a question as posed. Bottom line is if its YOUR insurance carrier and you made a claim for the loss - you have an obligation to cooprerate with them. 

  • Q
    Am I liable if one neighbor's loose dog bites someone else's child on my property?
    Animal Law  |  Sep 15th, 2017
    Mark Tischhauser, Esq.   Not on the facts presented - BUT - since you had prior knowledge of the dogs propensity depending on ALL of the facts when review - there might be an argument that you were negligent in some fashion or manor. 
    x
    Am I liable if one neighbor's loose dog bites someone else's child on my property?
    Answer

    Not on the facts presented - BUT - since you had prior knowledge of the dogs propensity depending on ALL of the facts when review - there might be an argument that you were negligent in some fashion or manor. 

  • Q
    Is this a legal home purchase?
    Consumer Law  |  Sep 15th, 2017
    Mark Tischhauser, Esq.   You will need to HIRE a real estate lawyer not rely on free non-legal tidbits from brokers - which are candidly little more than sales people. 
    x
    Is this a legal home purchase?
    Answer

    You will need to HIRE a real estate lawyer not rely on free non-legal tidbits from brokers - which are candidly little more than sales people. 

  • Q
    Is one responsible for flooding in an "AS-IS" rental property?
    Contracts  |  Sep 15th, 2017
    Mark Tischhauser, Esq.   No way to tell without reviewing the whole lease agreement. There are many instances where single family home rentals place many repairs and such on the renter. 
    x
    Is one responsible for flooding in an "AS-IS" rental property?
    Answer

    No way to tell without reviewing the whole lease agreement. There are many instances where single family home rentals place many repairs and such on the renter. 

  • Q
    Can we legally remain in this house?
    Landlord and Tenant Law  |  Sep 5th, 2017
    Mark Tischhauser, Esq.   If you are living in a house owned by the family of someone you accused of lewd conduct on your chidlren, especially when other family membes are backing the accused, it shoudl go with out saying that you will need to plan on moving. " I have no where to go" simply won't do for any number of reasons...
    x
    Can we legally remain in this house?
    Answer

    If you are living in a house owned by the family of someone you accused of lewd conduct on your chidlren, especially when other family membes are backing the accused, it shoudl go with out saying that you will need to plan on moving. " I have no where to go" simply won't do for any number of reasons- regardless of whether you force an eviction you need to immediately get away from those peple for your own safety and that of your children - if that means you go to a shelter, thats what that means. 

  • Q
    The property mgt co had my vehicle towed. they said it was parked in a no parking space. This is not true. I have verification on where it was park.
    Consumer Law  |  Sep 4th, 2017
    Mark Tischhauser, Esq.   You will to prove not allege it was a wrongful towing. Absent video or some sort of objective evidence, that may be hard to do. 
    x
    The property mgt co had my vehicle towed. they said it was parked in a no parking space. This is not true. I have verification on where it was park.
    Answer

    You will to prove not allege it was a wrongful towing. Absent video or some sort of objective evidence, that may be hard to do. 

  • Q
    Eviction
    Landlord and Tenant Law  |  Sep 1st, 2017
    Mark Tischhauser, Esq.   If he owns or controls the home - yes. He would have to evict you but if you are a renter and not an owner - family relationship is not ownership. 
    x
    Eviction
    Answer

    If he owns or controls the home - yes. He would have to evict you but if you are a renter and not an owner - family relationship is not ownership. 

  • Q
    Unlicensed property management company
    Landlord and Tenant Law  |  Aug 30th, 2017
    Mark Tischhauser, Esq.   No way to tell from the facts provided because they posed in a vague self serving manner. Bottom line is there is a dispute with the LL that is escalating so you need to hore a tenant lawyer to sort this before it results in an eviction lawsuit. 
    x
    unlicensed property management company
    Answer

    No way to tell from the facts provided because they posed in a vague self serving manner. Bottom line is there is a dispute with the LL that is escalating so you need to hore a tenant lawyer to sort this before it results in an eviction lawsuit. 

  • Q
    How might an attorney be reaseonably engaged to expedite a small claim?
    Landlord and Tenant Law  |  Aug 30th, 2017
    Mark Tischhauser, Esq.   You will need to hire a landlord lawyer to sue for eviction. Such lawyers are paid out of pocket as a general rule with any fees awarded added to a damages judgment. 
    x
    How might an attorney be reaseonably engaged to expedite a small claim?
    Answer

    You will need to hire a landlord lawyer to sue for eviction. Such lawyers are paid out of pocket as a general rule with any fees awarded added to a damages judgment. 

  • Q
    I went to the store and febreeze dropped and splashed my eyes. The cap not on the bottle
    Products Liability  |  Aug 28th, 2017
    Mark Tischhauser, Esq.   Clumsiness or inadvertence is not a product liability claim nor s lack of customer service or attentiveness. You can complain to the store about it from a customer service angle but there is no claim described here that is viable. 
    x
    I went to the store and febreeze dropped and splashed my eyes. The cap not on the bottle
    Answer

    Clumsiness or inadvertence is not a product liability claim nor s lack of customer service or attentiveness. You can complain to the store about it from a customer service angle but there is no claim described here that is viable. 

  • Q
    What can I do to get my money?
    Breach of Contract  |  Aug 29th, 2017
    Mark Tischhauser, Esq.   Unfortunately, thats just poor buiness decision making on your husbands part. There is no reason he should be doing such work and not making sure he gets paid, especially if you claim the lackof payment caused all the results you described. Your husbands shoul dhave had he sense to stop work if paym...
    x
    What can I do to get my money?
    Answer

    Unfortunately, thats just poor buiness decision making on your husbands part. There is no reason he should be doing such work and not making sure he gets paid, especially if you claim the lackof payment caused all the results you described. Your husbands shoul dhave had he sense to stop work if payments weren't made or to make a better deal if he agreed to work three months and get paid in the end. He has the right to sue the owner BUT sounds like he can't afford a lawyer to pursue it so its a catch 22. 

  • Q
    New paint job peeling ,paint on Windows steering wheel cover paint not matching peeling off all over got paint on my Dash and scratched my Dash up
    Consumer Law  |  Aug 29th, 2017
    Mark Tischhauser, Esq.   You will likely need to decide whether its worth spending money on an attorney to get involved or sue. If not, call it a msitake, take the car eslewhere and get a proper paint job done. Otherwise, you simply need to spend the money to hire a lawyer to review the issues and go from there. 
    x
    New paint job peeling ,paint on Windows steering wheel cover paint not matching peeling off all over got paint on my Dash and scratched my Dash up
    Answer

    You will likely need to decide whether its worth spending money on an attorney to get involved or sue. If not, call it a msitake, take the car eslewhere and get a proper paint job done. Otherwise, you simply need to spend the money to hire a lawyer to review the issues and go from there. 

  • Q
    As VP of a 501c3, can I be ousted by pres of 501C3?
    Breach of Contract  |  Aug 29th, 2017
    Mark Tischhauser, Esq.   Depends on all the details of the corporate structure, articles of incorporation, rules, employment agreements etc. You will need to hire a lawyer to review these to address the issues described. 
    x
    As VP of a 501c3, can I be ousted by pres of 501C3?
    Answer

    Depends on all the details of the corporate structure, articles of incorporation, rules, employment agreements etc. You will need to hire a lawyer to review these to address the issues described. 

  • Q
    Who do I speak to about issues between myself and a charter school. They don't seem to run on the same policies and this issue needs to be resolved.
    Collections  |  Aug 29th, 2017
    Mark Tischhauser, Esq.   Probably need to hire a civil trial or consumer lawyer. The problem is you will likely pay close to the amount in dispute to hire a lawyer to figure out what actually occurred 
    x
    Who do I speak to about issues between myself and a charter school. They don't seem to run on the same policies and this issue needs to be resolved.
    Answer

    Probably need to hire a civil trial or consumer lawyer. The problem is you will likely pay close to the amount in dispute to hire a lawyer to figure out what actually occurred 

  • Q
    Landlord tenant
    Landlord and Tenant Law  |  Aug 29th, 2017
    Mark Tischhauser, Esq.   You can request anything you like. Its up to the LL to agree with you though. 
    x
    landlord tenant
    Answer

    You can request anything you like. Its up to the LL to agree with you though. 

  • Q
    Can i renegoiate a car lease after getting a bad deal
    Contracts  |  Aug 30th, 2017
    Mark Tischhauser, Esq.   YOu can always try - but there is not likely a right to. 
    x
    can i renegoiate a car lease after getting a bad deal
    Answer

    YOu can always try - but there is not likely a right to. 

  • Q
    What type of lawyer do I need if a service department refused and neglected to fix my car? It's a safty issue and it's shutting off in traffic.
    Civil Litigation  |  Aug 30th, 2017
    Mark Tischhauser, Esq.   You will need to hire a general civil lawyer - typically at an hourly rate/retainer basis. 
    x
    What type of lawyer do I need if a service department refused and neglected to fix my car? It's a safty issue and it's shutting off in traffic.
    Answer

    You will need to hire a general civil lawyer - typically at an hourly rate/retainer basis. 

  • Q
    How I can sue a huge company chain like Walgreens for providing and selling me wrong product? Which caused me severe pain
    Civil Litigation  |  Aug 30th, 2017
    Mark Tischhauser, Esq.   Not much as absent some legitimate expert dentist back-up this will simply SCREAM drug seeking behavior. There is unlikely anything in such whitening strips, whcih typically rely on hydrogen peroxide, what would cause you such excruciating pain that would require pain killers and making statemnt to ...
    x
    How I can sue a huge company chain like Walgreens for providing and selling me wrong product? Which caused me severe pain
    Answer

    Not much as absent some legitimate expert dentist back-up this will simply SCREAM drug seeking behavior. There is unlikely anything in such whitening strips, whcih typically rely on hydrogen peroxide, what would cause you such excruciating pain that would require pain killers and making statemnt to Walmart or the manufacturer will immediately raise eyebrows. You should contact you dentist and see what they say about the sensitivity issue. 

  • Q
    When you are spoken about over the radio for legal gain and phone is hacked
    Libel, Slander and Defamation  |  Aug 30th, 2017
    Mark Tischhauser, Esq.   Not sure what the question is. 
    x
    When you are spoken about over the radio for legal gain and phone is hacked
    Answer

    Not sure what the question is. 

  • Q
    I was misdiagnosed my a nurse practitioner, trying to change to a doctor and they will not release medical records. What can I do/
    Medical Malpractice  |  Aug 25th, 2017
    Mark Tischhauser, Esq.   You likely need to file a complaint with the medical board or have the new doctor request records from the Nurse Practitioner.
    x
    I was misdiagnosed my a nurse practitioner, trying to change to a doctor and they will not release medical records. What can I do/
    Answer

    You likely need to file a complaint with the medical board or have the new doctor request records from the Nurse Practitioner.

  • Q
    Can I file for a lawsuit if my payroll company is denying my dispute on money that I didn't withdraw from my visa payroll card providing proper proof
    Civil Litigation  |  Aug 25th, 2017
    Mark Tischhauser, Esq.   You post as stated makes no real sense other than you claim someone took money from your account via ATM an the bank seems to think it was you. 
    x
    Can I file for a lawsuit if my payroll company is denying my dispute on money that I didn't withdraw from my visa payroll card providing proper proof
    Answer

    You post as stated makes no real sense other than you claim someone took money from your account via ATM an the bank seems to think it was you. 

  • Q
    What can I do to keep my car from being sold after title loan company repossessed for default payment.
    Breach of Contract  |  Aug 26th, 2017
    Mark Tischhauser, Esq.   Seriously? If you REALLY think that is how car financing works you need to make sure you buy no more cars until you get a proper education and information in that regard. You aren't supposed to be ANY days late on a financing agreement, ever, period. You will need to hire a lawyer immediately, and s...
    x
    What can I do to keep my car from being sold after title loan company repossessed for default payment.
    Answer

    Seriously? If you REALLY think that is how car financing works you need to make sure you buy no more cars until you get a proper education and information in that regard. You aren't supposed to be ANY days late on a financing agreement, ever, period. You will need to hire a lawyer immediately, and sadly at some significant expense, to review this transactin and see what actually happened. 

  • Q
    Charged for visiting pet
    Landlord and Tenant Law  |  Aug 26th, 2017
    Mark Tischhauser, Esq.   I suspect there is more to this than a simple visiting pet with Grandmother. Regardless, this will revolve around the terms of the lease, and if the PM/LL saw the pet in the unit, this may be a difficult issue, andthe expense of hiring a lawyer to fight over it will likely equal or exceed the amount...
    x
    Charged for visiting pet
    Answer

    I suspect there is more to this than a simple visiting pet with Grandmother. Regardless, this will revolve around the terms of the lease, and if the PM/LL saw the pet in the unit, this may be a difficult issue, andthe expense of hiring a lawyer to fight over it will likely equal or exceed the amount in controversy. 

  • Q
    How to receive a refund when you as sold a dangerous animal
    Animal Law  |  Aug 28th, 2017
    Mark Tischhauser, Esq.   YOu will need to retain a lawyer in the state where the horse was purchased as a start. 
    x
    How to receive a refund when you as sold a dangerous animal
    Answer

    YOu will need to retain a lawyer in the state where the horse was purchased as a start. 

  • Q
    I have recently lost high paying a job (155k + bonus) due to false allegations by a former disgruntled employee. Also name muddied. Can you help me?
    Libel, Slander and Defamation  |  Aug 28th, 2017
    Mark Tischhauser, Esq.   You have the basics for a defamation law suit the issue is whether its worth the expense of pursuing such a case vs. the need for vindication or validation. 
    x
    I have recently lost high paying a job (155k + bonus) due to false allegations by a former disgruntled employee. Also name muddied. Can you help me?
    Answer

    You have the basics for a defamation law suit the issue is whether its worth the expense of pursuing such a case vs. the need for vindication or validation. 

  • Q
    Wife was bitten on our property by neighbors dog
    Animal Law  |  Aug 25th, 2017
    Mark Tischhauser, Esq.   He said/she said issues and a Hatfields vs. McCoys case. 
    x
    Wife was bitten on our property by neighbors dog
    Answer

    He said/she said issues and a Hatfields vs. McCoys case. 

  • Q
    purchased a used truck was told it had never been in an accident car fax is clear. verified it has been in bad wreck 3xs times to dealer 4 problems
    Consumer Fraud  |  Aug 25th, 2017
    Mark Tischhauser, Esq.   Once can't misrepresent what one doesnot know so if the car fax was clean you'd have to prove some direct knowledge and also your direct questioning to even start with such a claim. You may however have a warranty case depending on the terms of the warranty. You sould have a lawyer review the warran...
    x
    purchased a used truck was told it had never been in an accident car fax is clear. verified it has been in bad wreck 3xs times to dealer 4 problems
    Answer

    Once can't misrepresent what one doesnot know so if the car fax was clean you'd have to prove some direct knowledge and also your direct questioning to even start with such a claim. You may however have a warranty case depending on the terms of the warranty. You sould have a lawyer review the warranty to see whether the damages can be fixed under that provision. 

  • Q
    I helped get a very large project funded. The owner of the project signed a fee agreement with me. If that person DOES NOT pay my fee. What can I do
    Breach of Contract  |  Aug 24th, 2017
    Mark Tischhauser, Esq.   This is basic contract issue. How much it will cost to retain counsel will vary from lawyer to lawyer and depend on what occurs. If the other person won't pay you voluntarily, then you will likely have to sue them.
    x
    I helped get a very large project funded. The owner of the project signed a fee agreement with me. If that person DOES NOT pay my fee. What can I do
    Answer

    This is basic contract issue. How much it will cost to retain counsel will vary from lawyer to lawyer and depend on what occurs. If the other person won't pay you voluntarily, then you will likely have to sue them.

  • Q
    Can i reserve the right to refuse service?
    Breach of Contract  |  Aug 24th, 2017
    Mark Tischhauser, Esq.   If you are the owner you can- may want to have him tresspassed to make it formal
    x
    Can i reserve the right to refuse service?
    Answer

    If you are the owner you can- may want to have him tresspassed to make it formal

  • Q
    How much does it take to prove a For Profit Private College is not keeping to their own contract which is their :Handbook?
    Civil Litigation  |  Aug 25th, 2017
    Mark Tischhauser, Esq.   There is no "advice" that will address this as you have already "made a fine mess of things" to quote Laurel & Hardy. You will simply need to spendthe money to hire a lawyer to see if this can be sorted out but understand much of this may be trying to put a Genie back in the bottle. 
    x
    How much does it take to prove a For Profit Private College is not keeping to their own contract which is their :Handbook?
    Answer

    There is no "advice" that will address this as you have already "made a fine mess of things" to quote Laurel & Hardy. You will simply need to spendthe money to hire a lawyer to see if this can be sorted out but understand much of this may be trying to put a Genie back in the bottle. 

  • Q
    Can a Dr place extra hardware in your back without your permission.
    Medical Malpractice  |  Aug 23rd, 2017
    Mark Tischhauser, Esq.   Depends on a number of factors, but there may have been actual permission sufficient to do so in the medical autorizations. 
    x
    Can a Dr place extra hardware in your back without your permission.
    Answer

    Depends on a number of factors, but there may have been actual permission sufficient to do so in the medical autorizations. 

  • Q
    I don't have a lease with my LL. Can he threading to evict me and my two kids if I'm paid up in rent. And can he force me to pay late fees
    Landlord and Tenant Law  |  Aug 23rd, 2017
    Mark Tischhauser, Esq.   If you are month to month tenant without a lease, the landlord can terminate your tenancy with 15 days notice, 2 kids or 10. You either pay what andhow he asks or you simply need to move. 
    x
    I don't have a lease with my LL. Can he threading to evict me and my two kids if I'm paid up in rent. And can he force me to pay late fees
    Answer

    If you are month to month tenant without a lease, the landlord can terminate your tenancy with 15 days notice, 2 kids or 10. You either pay what andhow he asks or you simply need to move. 

  • Q
    Medical mistreatment
    Medical Malpractice  |  Aug 23rd, 2017
    Mark Tischhauser, Esq.   Its is what it is - if you need to two more procedures, whether you want to or not, that may well be appropriate depending on your situation. If you don't want them you can't be forced to get them, but there is nothing inherently wrong with the medical care with the facts described. I fyou have conc...
    x
    Medical mistreatment
    Answer

    Its is what it is - if you need to two more procedures, whether you want to or not, that may well be appropriate depending on your situation. If you don't want them you can't be forced to get them, but there is nothing inherently wrong with the medical care with the facts described. I fyou have concerns you can seek a second opinion. Also, to be clear, no one can "make you break down in tears" thats some thing that is within your control andthere is no lawsuit for such things.

  • Q
    I bought a vehicle from carmax and purchased the extra warranty package. They are denying my claim for work.
    Litigation  |  Aug 23rd, 2017
    Mark Tischhauser, Esq.   Sounds like have either a warranty claim OR a negligence claim agsint the dealer if the transmission wasn't repaired properly. Either way - you may need to spendmoney on a lawyer suing over the issue and looking to get your legal fees backif you win. 
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    I bought a vehicle from carmax and purchased the extra warranty package. They are denying my claim for work.
    Answer

    Sounds like have either a warranty claim OR a negligence claim agsint the dealer if the transmission wasn't repaired properly. Either way - you may need to spendmoney on a lawyer suing over the issue and looking to get your legal fees backif you win. 

  • Q
    When we bought a car we were directed by the dealer to an insurance agent, we chose and paid the full coverage. However never received the p
    Insurance  |  Aug 24th, 2017
    Mark Tischhauser, Esq.   Apparantly, the other insurance carrier and the other party disagreed with the "no one hurt" aspect, as it seems they paid out $7,500.00 in a UM claim. Given that the insurance carrier is Infinity, unless you can show that you have a hsitory of ALWAYS having bodily injury liability coverage and woul...
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    When we bought a car we were directed by the dealer to an insurance agent, we chose and paid the full coverage. However never received the p
    Answer

    Apparantly, the other insurance carrier and the other party disagreed with the "no one hurt" aspect, as it seems they paid out $7,500.00 in a UM claim. Given that the insurance carrier is Infinity, unless you can show that you have a hsitory of ALWAYS having bodily injury liability coverage and would have paid the premiums for it, tjhe "full coverage" you likely asked for and got was "full coverage" to drive the vehicle legally and not additional bodoily injury coverage. This will aslo require reviewing the application and documents you signed to address that issue. 

  • Q
    How can I respond to a lawsuit against me for money owed in a repossessed vehicle?
    Debtor and Creditor  |  Aug 21st, 2017
    Mark Tischhauser, Esq.   You are either bankruptcy bound or going to find yourself with a judgment for a bunch ofmoney that gets sucked outof your new business  unles you are able to work out something with the creditor. That stated, you have already made some really poor financial decisions in this matter so you REALL...
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    How can I respond to a lawsuit against me for money owed in a repossessed vehicle?
    Answer

    You are either bankruptcy bound or going to find yourself with a judgment for a bunch ofmoney that gets sucked outof your new business  unles you are able to work out something with the creditor. That stated, you have already made some really poor financial decisions in this matter so you REALLY need to finda means to hire a lawyer to defend the lawsuit and negotiate for you otherwise. 

  • Q
    Rental rights
    Landlord and Tenant Law  |  Aug 23rd, 2017
    Mark Tischhauser, Esq.   Not sure what you are trying tp accomplish at this point  - but the remedy here is serve proper notice, terminate the lease, move out and THEN deal with any claims of damages. What doesn't get very far is trying to make a LL fix the property or claiming terrible health harzards like mold and th...
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    Rental rights
    Answer

    Not sure what you are trying tp accomplish at this point  - but the remedy here is serve proper notice, terminate the lease, move out and THEN deal with any claims of damages. What doesn't get very far is trying to make a LL fix the property or claiming terrible health harzards like mold and the claiming you can't leave because you have no where to go r cant afford to move. Yo may want to hire a tenant lawyer if this is cntested by the LL. 

  • Q
    I was lIrving in pa. And had an alarm company...I moved to florida and they are still charging me for the address in pa..been down here since march...
    Consumer Fraud  |  Aug 23rd, 2017
    Mark Tischhauser, Esq.   If you don't cancel the service  - thats what happens. Its up to you to notify them and sort that out - not just move and hope they notice. 
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    I was lIrving in pa. And had an alarm company...I moved to florida and they are still charging me for the address in pa..been down here since march...
    Answer

    If you don't cancel the service  - thats what happens. Its up to you to notify them and sort that out - not just move and hope they notice. 

  • Q
    Attorneys Fees
    Landlord and Tenant Law  |  Aug 24th, 2017
    Mark Tischhauser, Esq.   Youcan't "add an attorney" just to rack up a bigger bill to oppose the other sides bill. This is the risk you take in playing lawyer in court against real lawyers. If you lose you get to pay thier legal fees, if you win, they don't owe you legal fees unless you ACTUALLY have a lawyer representing yo...
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    Attorneys Fees
    Answer

    Youcan't "add an attorney" just to rack up a bigger bill to oppose the other sides bill. This is the risk you take in playing lawyer in court against real lawyers. If you lose you get to pay thier legal fees, if you win, they don't owe you legal fees unless you ACTUALLY have a lawyer representing you and then only to the extent of the actuallegal fees you incurred. Legal fees are awardable on top of the jurisdictional value  - so you can have $200,000.00 in legal fees awarded on a $800.00 award in small claims court. 

  • Q
    Do I owe an RV dealership a deposit that I paid but they refunded me the deposit and told me I did not owe it but now want it 2 months later?
    Consumer Law  |  Aug 24th, 2017
    Mark Tischhauser, Esq.   The terms of the contract control. If there is a dispute about this you may have to get a lawyer involved, at some expense to sort it out. 
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    Do I owe an RV dealership a deposit that I paid but they refunded me the deposit and told me I did not owe it but now want it 2 months later?
    Answer

    The terms of the contract control. If there is a dispute about this you may have to get a lawyer involved, at some expense to sort it out. 

  • Q
    Needing help to prevent drivers license suspension due to financial liability. Unable to contact other party to set up repayment.
    Automobile Accidents  |  Aug 24th, 2017
    Mark Tischhauser, Esq.   You will likely need to hire a lawyer, at some expense to achieve the actual result of establishing contact. Any civil trial lawyer can get this started, as long as you are paying them for the effort. 
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    Needing help to prevent drivers license suspension due to financial liability. Unable to contact other party to set up repayment.
    Answer

    You will likely need to hire a lawyer, at some expense to achieve the actual result of establishing contact. Any civil trial lawyer can get this started, as long as you are paying them for the effort. 

  • Q
    If i signed a contract with rent a center and my ex went and pawned them can i get in trouble
    Consumer Law  |  Aug 24th, 2017
    Mark Tischhauser, Esq.   Yep - as can she for fraudulently pawning things she doesn't own. YOu need to get them out of pawn before you find this escalates to a criminal issue for both of you. 
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    If i signed a contract with rent a center and my ex went and pawned them can i get in trouble
    Answer

    Yep - as can she for fraudulently pawning things she doesn't own. YOu need to get them out of pawn before you find this escalates to a criminal issue for both of you. 

  • Q
    Plaintiff wants mediation in Breach of Contract suit. My husband and I demand dismissal of the lawsuit. Should we request arbitration instead.?
    Breach of Contract  |  Aug 23rd, 2017
    Mark Tischhauser, Esq.   None of the above as the nature of the question reveals that you have no idea what you are doing in regard to handling a lawsuit. You need to retain a lawyer to defend this issue ASAP. 
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    Plaintiff wants mediation in Breach of Contract suit. My husband and I demand dismissal of the lawsuit. Should we request arbitration instead.?
    Answer

    None of the above as the nature of the question reveals that you have no idea what you are doing in regard to handling a lawsuit. You need to retain a lawyer to defend this issue ASAP. 

  • Q
    Father in law stayed in our 2nd home, paid no rent, signed no lease. now he won't leave.
    Landlord and Tenant Law  |  Aug 22nd, 2017
    Mark Tischhauser, Esq.   Sounds like Father in Law feels you worked him for free repairs and NOW after the fact there are "hard times" and he expcted to get tossed to the curb and eat the promise of splitting the profit from the sale. You will now need to hire a lawyer to force him from the property in advance or sell the p...
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    father in law stayed in our 2nd home, paid no rent, signed no lease. now he won't leave.
    Answer

    Sounds like Father in Law feels you worked him for free repairs and NOW after the fact there are "hard times" and he expcted to get tossed to the curb and eat the promise of splitting the profit from the sale. You will now need to hire a lawyer to force him from the property in advance or sell the property and let new owners force him out. Either way he may still have the ability to sue you or to claim interest in the property for the work performed. 

  • Q
    A Tennent drove into my garage door, put a claim into geico and Tennent lied and told ins co he didn't do it
    Civil Litigation  |  Aug 22nd, 2017
    Mark Tischhauser, Esq.   Not sure what the question is. Other than that, if insurance doesn't pay you have a claim against the tenant and I would hire a LL lawyer to find a means to evict ASAP. 
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    A Tennent drove into my garage door, put a claim into geico and Tennent lied and told ins co he didn't do it
    Answer

    Not sure what the question is. Other than that, if insurance doesn't pay you have a claim against the tenant and I would hire a LL lawyer to find a means to evict ASAP. 

  • Q
    I have a warranty with a third party vender, I have a luxury car, the warrant company wants to put use parts in my car, Can I sue them for the devalue
    Insurance  |  Aug 21st, 2017
    Mark Tischhauser, Esq.   Generally no - but it will depend on the terms and conditions of the third party warranty. 
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    I have a warranty with a third party vender, I have a luxury car, the warrant company wants to put use parts in my car, Can I sue them for the devalue
    Answer

    Generally no - but it will depend on the terms and conditions of the third party warranty. 

  • Q
    Air handler caused damage to the interior of my home a/cinstalled 2014 .
    Litigation  |  Aug 21st, 2017
    Mark Tischhauser, Esq.   Possibly. Its simply a matter of you being willing to spend the money on a laywer toproperly make such a claim. 
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    air handler caused damage to the interior of my home a/cinstalled 2014 .
    Answer

    Possibly. Its simply a matter of you being willing to spend the money on a laywer toproperly make such a claim. 

  • Q
    My mother is living in a section 8 housing and the landlord is getting his money every month and then he has her give her extra money on the side .
    Landlord and Tenant Law  |  Aug 21st, 2017
    Mark Tischhauser, Esq.   Gettin extra money for rent under section 8 is illegal. She needs to hire a tenant lawyer in your area ASAP and report this to Sec. 8. 
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    My mother is living in a section 8 housing and the landlord is getting his money every month and then he has her give her extra money on the side .
    Answer

    Gettin extra money for rent under section 8 is illegal. She needs to hire a tenant lawyer in your area ASAP and report this to Sec. 8. 

  • Q
    Wage garnishment for second judgment
    Collections  |  Aug 21st, 2017
    Mark Tischhauser, Esq.   It won't necessarily matter as the creditor is likely aware of the expiration of the first and will pursue the second pretty quickly. 
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    wage garnishment for second judgment
    Answer

    It won't necessarily matter as the creditor is likely aware of the expiration of the first and will pursue the second pretty quickly. 

  • Q
    My neighbor's tree roots has destroyed my driveway. I've asked for years if he would tend to his tree. Is his home insurance or is he responsible?
    Civil Litigation  |  Aug 21st, 2017
    Mark Tischhauser, Esq.   No. Not under Florida law. Your remedy was to cut or trim the roots. 
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    My neighbor's tree roots has destroyed my driveway. I've asked for years if he would tend to his tree. Is his home insurance or is he responsible?
    Answer

    No. Not under Florida law. Your remedy was to cut or trim the roots. 

  • Q
    Car title loan repossession?
    Collections  |  Aug 21st, 2017
    Mark Tischhauser, Esq.   Not sure what you are asking - but the 30 day period is likely the term of the loan under that statute. 
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    Car title loan repossession?
    Answer

    Not sure what you are asking - but the 30 day period is likely the term of the loan under that statute. 

  • Q
    Fraudulently sold car that was in accident. Ford states airbag was deployed and no longer functional. I am 72yrs old.
    Consumer Law  |  Aug 21st, 2017
    Mark Tischhauser, Esq.   If you didn't ask and the dealer didn't misrepresent the car directly, and the car was bought AS IS, the dealer is not required to "deal with you" as it was you obligation ot make sure the car was a good deal BEFORE you bought it not after. 
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    Fraudulently sold car that was in accident. Ford states airbag was deployed and no longer functional. I am 72yrs old.
    Answer

    If you didn't ask and the dealer didn't misrepresent the car directly, and the car was bought AS IS, the dealer is not required to "deal with you" as it was you obligation ot make sure the car was a good deal BEFORE you bought it not after. 

  • Q
    How can I file a restraining order in Florida? Is that what I should do now?
    Personal Injury  |  Aug 20th, 2017
    Mark Tischhauser, Esq.   #1 - If what you say is true, MOVE. first and foremost, and do so immediately, even if you have to break your lease. There is no restraining order that stops bullets. if he persists at that point, it will be MUCH harder for him to jusitify being in another town or across town bothering you and easie...
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    How can I file a restraining order in Florida? Is that what I should do now?
    Answer

    #1 - If what you say is true, MOVE. first and foremost, and do so immediately, even if you have to break your lease. There is no restraining order that stops bullets. if he persists at that point, it will be MUCH harder for him to jusitify being in another town or across town bothering you and easier for a judge to enter a restraining order. To be clear, you really need to spend the money to hire a lawyer to address this. 

  • Q
    Can I an insurance company to pay my car diminished value if the car is total. Another car hit my car it was not my fault .
    Insurance  |  Aug 20th, 2017
    Mark Tischhauser, Esq.   No - you dont get diminished value for totaled car. 
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    Can I an insurance company to pay my car diminished value if the car is total. Another car hit my car it was not my fault .
    Answer

    No - you dont get diminished value for totaled car. 

  • Q
    Car was hit by an uninsuranced driver
    Automobile Accidents  |  Aug 21st, 2017
    Mark Tischhauser, Esq.   Not many options. You will likely need to file a lawsuit to address this, as ticket or not, there will be an argument that some portion of the accidentis also your B/F, as a hit from behind is PRESUMED to be the following drivers fault. Unfortunately, your finaincial irresponsibility combined with t...
    x
    Car was hit by an uninsuranced driver
    Answer

    Not many options. You will likely need to file a lawsuit to address this, as ticket or not, there will be an argument that some portion of the accidentis also your B/F, as a hit from behind is PRESUMED to be the following drivers fault. Unfortunately, your finaincial irresponsibility combined with the other dirvers place you in situation where you likely spend good money chasing after bad in this instance. THis is penalty for not properly insuring yourself unfortunately. 

  • Q
    Can I sue a bandaid company if their bandaid rips my skin off?
    Consumer Fraud  |  Aug 21st, 2017
    Mark Tischhauser, Esq.   No real damages described so this is not a viable case unless you wanted to hire a lawyer at an hourly rate to make a point. 
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    Can I sue a bandaid company if their bandaid rips my skin off?
    Answer

    No real damages described so this is not a viable case unless you wanted to hire a lawyer at an hourly rate to make a point. 

  • Q
    Wondering if I can take a small claims case in Florida, although I am living in Ireland.
    Automobile Accidents  |  Aug 20th, 2017
    Mark Tischhauser, Esq.   If you want to spend the more money than the money at issue making a point legally, you can. US courts are NOT like european courts, as each party pays its own lawyers, not loser pays, as a general rule. 
    x
    Wondering if I can take a small claims case in Florida, although I am living in Ireland.
    Answer

    If you want to spend the more money than the money at issue making a point legally, you can. US courts are NOT like european courts, as each party pays its own lawyers, not loser pays, as a general rule. 

  • Q
    This is a verbal contract issue. I loaned a friend who had a restaurant for 24 years in Largo 25K. he said we do it the old way. his Word .....
    Civil Litigation  |  Aug 18th, 2017
    Mark Tischhauser, Esq.   LOL.....apparantly you and I have a different view of an "honest and moral person" which iswhy you are out $25k. With his filing bankruptcy, there is a HIGH likihood that he discharged your debt and you can legally nothing as a collection effort against him. If by the "the old way" you meant duping ...
    x
    This is a verbal contract issue. I loaned a friend who had a restaurant for 24 years in Largo 25K. he said we do it the old way. his Word .....
    Answer

    LOL.....apparantly you and I have a different view of an "honest and moral person" which iswhy you are out $25k. With his filing bankruptcy, there is a HIGH likihood that he discharged your debt and you can legally nothing as a collection effort against him. If by the "the old way" you meant duping people into borrowing money and never paying it back, then it seems "the old way" was done. Unfortunately, this will be a $25,000.00 learning lesson for you, based on the facts presented. 

  • Q
    Work performed on my home: contractor not paid
    Breach of Contract  |  Aug 18th, 2017
    Mark Tischhauser, Esq.   Yes. Thats what the court are for - to resolve those disputes. You now need to retain a lawyer to sort his out as they may also be looking for legal fees and expenses from you if there is a  contract or statute providing such. 
    x
    work performed on my home: contractor not paid
    Answer

    Yes. Thats what the court are for - to resolve those disputes. You now need to retain a lawyer to sort his out as they may also be looking for legal fees and expenses from you if there is a  contract or statute providing such. 

  • Q
    I voluntarily let my Mercedes-Benz go back because I couldn't afford it
    Breach of Contract  |  Aug 20th, 2017
    Mark Tischhauser, Esq.   There are no "do overs" or "take backs" in the real world. You are more likely to get sued for breach of contract and owe MORE money than you are to get your downpayment back. You REALLY need to hire a lawyer to address this issue ASAP. 
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    I voluntarily let my Mercedes-Benz go back because I couldn't afford it
    Answer

    There are no "do overs" or "take backs" in the real world. You are more likely to get sued for breach of contract and owe MORE money than you are to get your downpayment back. You REALLY need to hire a lawyer to address this issue ASAP. 

  • Q
    Autistic sibling age 23 Court asked him to sign paperwork he did not understand
    Litigation  |  Aug 18th, 2017
    Mark Tischhauser, Esq.   Not sure what the question or the issues are. Being autistic does not inherently render one legally incompetent and your factual statements seem some what incredulous. Presumably your sibling or thier legal guardian will need to hire counsel, and unless thats you, you, you have no say in the issue. ...
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    Autistic sibling age 23 Court asked him to sign paperwork he did not understand
    Answer

    Not sure what the question or the issues are. Being autistic does not inherently render one legally incompetent and your factual statements seem some what incredulous. Presumably your sibling or thier legal guardian will need to hire counsel, and unless thats you, you, you have no say in the issue. You can assist them if you want by usuing the find a lawyer feature on this site. 

  • Q
    Do I have a case?
    Medical Malpractice  |  Aug 17th, 2017
    Mark Tischhauser, Esq.   "I also have mental issues such as depression, anxiety and PTSD and the nurses kept blaming my breathing on my mental health." and there is the elephant in the room. You will need to have a psychiatrist and/or a doctor back this up. Otherwise your post absolutley suggests either a mental health diso...
    x
    Do I have a case?
    Answer

    "I also have mental issues such as depression, anxiety and PTSD and the nurses kept blaming my breathing on my mental health." and there is the elephant in the room. You will need to have a psychiatrist and/or a doctor back this up. Otherwise your post absolutley suggests either a mental health disorder or an inmate working the prison system for infirmary time or contrived claims and won't get anywhere past that absent some other compelling evidence. 

  • Q
    Can I reopen a case that was settled due to legal malpractice?
    Legal Malpractice  |  Aug 17th, 2017
    Mark Tischhauser, Esq.   Generally, NO. If you authorized and greed to the settlement, the notarization is more for the other parties ability to make sure you don'tlie and claim that it wasn't your signature. etc. 
    x
    Can I reopen a case that was settled due to legal malpractice?
    Answer

    Generally, NO. If you authorized and greed to the settlement, the notarization is more for the other parties ability to make sure you don'tlie and claim that it wasn't your signature. etc. 

  • Q
    Does the constitution not give us all equal rights?
    Police Misconduct  |  Aug 18th, 2017
    Mark Tischhauser, Esq.   You don't have a right to have others record your defenses. LE does that for THIER protection in large part - not yours. 
    x
    Does the constitution not give us all equal rights?
    Answer

    You don't have a right to have others record your defenses. LE does that for THIER protection in large part - not yours. 

  • Q
    Paint company got paint all over my car and their insurance company wont pay to fix
    Litigation  |  Aug 17th, 2017
    Mark Tischhauser, Esq.   Sounds like you will have to sue them if this is not covered by your insurance. You need to retain a civil trial lawyer and do so immediately so this doesnt languish. 
    x
    Paint company got paint all over my car and their insurance company wont pay to fix
    Answer

    Sounds like you will have to sue them if this is not covered by your insurance. You need to retain a civil trial lawyer and do so immediately so this doesnt languish. 

  • Q
    Truck was repossessed. His financial institution is claiming he didn't have insurance for a period of time which is false.
    Insurance  |  Aug 16th, 2017
    Mark Tischhauser, Esq.   There is something missing here as it makes little sense that a lender repossess a vehicle or obtain forced coverage when there was no lapse in coverage and any change in converage was timely provided to them. You probably need to hire a lawyer at this point, at some expense, to address this and do ...
    x
    Truck was repossessed. His financial institution is claiming he didn't have insurance for a period of time which is false.
    Answer

    There is something missing here as it makes little sense that a lender repossess a vehicle or obtain forced coverage when there was no lapse in coverage and any change in converage was timely provided to them. You probably need to hire a lawyer at this point, at some expense, to address this and do so immediately. 

  • Q
    In an insurance claim for hurricane damage to my roof who pays the deductable?I think my roofing company is screwing me over .
    Consumer Fraud  |  Aug 16th, 2017
    Mark Tischhauser, Esq.   Generally any deductible is your obligation. 
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    In an insurance claim for hurricane damage to my roof who pays the deductable?I think my roofing company is screwing me over .
    Answer

    Generally any deductible is your obligation. 

  • Q
    I'm trying to find an attorney in Jacksonville fl that handles mold in rental homes help
    Civil Litigation  |  Aug 15th, 2017
    Mark Tischhauser, Esq.   You wont find many if any as a general rule unless the physical harm is exceptional for an injury claim and otherwise - you would need a tenant lawyer, paid out of pocket typically, to address terminating the rental agreement. 
    x
    I'm trying to find an attorney in Jacksonville fl that handles mold in rental homes help
    Answer

    You wont find many if any as a general rule unless the physical harm is exceptional for an injury claim and otherwise - you would need a tenant lawyer, paid out of pocket typically, to address terminating the rental agreement. 

  • Q
    Can I be held personally liable for a car accident my adult son had driving in a car I owned and insured?
    Automobile Accidents  |  Aug 15th, 2017
    Mark Tischhauser, Esq.   Yes - you get sued equally under the dangerous instrumentality doctrine. You may want to retain your own lawyer simply because the insurance company hired lawyer serves that master regardless of thier claims otherwise. 
    x
    Can I be held personally liable for a car accident my adult son had driving in a car I owned and insured?
    Answer

    Yes - you get sued equally under the dangerous instrumentality doctrine. You may want to retain your own lawyer simply because the insurance company hired lawyer serves that master regardless of thier claims otherwise. 

  • Q
    My parent's dog was hit by a car last week with extensive injuries to his lower-half. I am concerned with the competence of the veterinarian & office.
    Consumer Law  |  Aug 15th, 2017
    Mark Tischhauser, Esq.   Unless you are a veterinarian, this is all bare speculation. Moreover, this seems more like efforts to rationalize the real issue, which is, how is it that your parents dog was not on a leash and hit by a car to begin with? Before you do anyhting further you will have to hire a veterinarian and have...
    x
    My parent's dog was hit by a car last week with extensive injuries to his lower-half. I am concerned with the competence of the veterinarian & office.
    Answer

    Unless you are a veterinarian, this is all bare speculation. Moreover, this seems more like efforts to rationalize the real issue, which is, how is it that your parents dog was not on a leash and hit by a car to begin with? Before you do anyhting further you will have to hire a veterinarian and have them provide a written opinion of what if anything was done improperly. 

  • Q
    My son has had his hipaa privacy violated while being in jail, is there any recourses that we can take in this matter?
    Litigation  |  Aug 15th, 2017
    Mark Tischhauser, Esq.   He can file a complaint with the Department of Health - thats generally about it. 
    x
    My son has had his hipaa privacy violated while being in jail, is there any recourses that we can take in this matter?
    Answer

    He can file a complaint with the Department of Health - thats generally about it. 

  • Q
    Got served papers for a repo over $11000.00 have 20 days to answer
    Civil Litigation  |  Aug 14th, 2017
    Mark Tischhauser, Esq.   This is likely hat is referred to as a deficiency balance lawsuit. You need to unfortunately spend some money hiring a lawyer to defend this issue and do ASAP. We do handle such cases and take credit card/paypal  payment for retainers if thats of use to you. You can contactour office at 813-877...
    x
    Got served papers for a repo over $11000.00 have 20 days to answer
    Answer

    This is likely hat is referred to as a deficiency balance lawsuit. You need to unfortunately spend some money hiring a lawyer to defend this issue and do ASAP. We do handle such cases and take credit card/paypal  payment for retainers if thats of use to you. You can contactour office at 813-877-6442 to arrange a free consultation if you like. 

  • Q
    I need a lawyer who represents the holder of a mortgage. I want to foreclose on the house because of consistent non-payment. St. Augustine, Fl
    Foreclosures  |  Aug 14th, 2017
    Mark Tischhauser, Esq.   You can't simply foreclose because you are unhappy with inconsistent payment. The material breach of the mortgage agreement/note is determined by the terms of the mortgage and the promissory note. You will need to retain a real estate litigation attorney, and likely be prepared to pay out of pocket ...
    x
    I need a lawyer who represents the holder of a mortgage. I want to foreclose on the house because of consistent non-payment. St. Augustine, Fl
    Answer

    You can't simply foreclose because you are unhappy with inconsistent payment. The material breach of the mortgage agreement/note is determined by the terms of the mortgage and the promissory note. You will need to retain a real estate litigation attorney, and likely be prepared to pay out of pocket for the legal action, with the idea of adding the money spend to the judgment assuming your PN provides for legal fees for enforcement. 

  • Q
    What is the landlords repsonsibility if sewage is seaping into out apartment?
    Landlord and Tenant Law  |  Aug 15th, 2017
    Mark Tischhauser, Esq.   Depends on WHY this is happeneing. Generally, you need to send a 7 day letter to the landlord ifthey are not making necessary repairs and  be prepared to terminate the rental agreement and move out if it continues on the 8th day. 
    x
    What is the landlords repsonsibility if sewage is seaping into out apartment?
    Answer

    Depends on WHY this is happeneing. Generally, you need to send a 7 day letter to the landlord ifthey are not making necessary repairs and  be prepared to terminate the rental agreement and move out if it continues on the 8th day. 

  • Q
    Landlord-tenant law with no lease
    Landlord and Tenant Law  |  Aug 15th, 2017
    Mark Tischhauser, Esq.   No - the landlord controls the terms - you are simply a month to month tenant at best. Your right is to decide the LL is unreaasonable, give your 15 day advance notice and move somewhere else. 
    x
    Landlord-tenant law with no lease
    Answer

    No - the landlord controls the terms - you are simply a month to month tenant at best. Your right is to decide the LL is unreaasonable, give your 15 day advance notice and move somewhere else. 

  • Q
    I have purchased a vehicle and how to put it in my ex girlfriend's name and now she's trying to take the vehicle from me, what kind of lawyer do I nee
    Civil Litigation  |  Aug 10th, 2017
    Mark Tischhauser, Esq.   Civil trial lawyer. Whether its worth it really is up to you and dependson what the lawyer sees in the paperwork you provide. 
    x
    I have purchased a vehicle and how to put it in my ex girlfriend's name and now she's trying to take the vehicle from me, what kind of lawyer do I nee
    Answer

    Civil trial lawyer. Whether its worth it really is up to you and dependson what the lawyer sees in the paperwork you provide. 

  • Q
    I need help to after pluming co that has put 3 pumps in my house and they all went bad only they were 220 pumps and pugged into a110 outlet.lessthen1y
    Consumer Law  |  Aug 10th, 2017
    Mark Tischhauser, Esq.   There is something wrong here as pumps should not burn out like that. That the last sentance reveals this is a rental unit also raises some issues about tenant tampering. 
    x
    I need help to after pluming co that has put 3 pumps in my house and they all went bad only they were 220 pumps and pugged into a110 outlet.lessthen1y
    Answer

    There is something wrong here as pumps should not burn out like that. That the last sentance reveals this is a rental unit also raises some issues about tenant tampering. 

  • Q
    . There is a legal dispute regarding a vehicle taken from me without permissions after I've paid 19900 in on time payments. I wish to sue
    Civil Litigation  |  Aug 10th, 2017
    Mark Tischhauser, Esq.   There is likely something missing here as that can't properly happen unless there is a default by you and the co-signor intervnes with a lawsuit OR you are just a co-signor in possession and the actual buyer was what you called the co-signor. There are some missing facts here. 
    x
    . There is a legal dispute regarding a vehicle taken from me without permissions after I've paid 19900 in on time payments. I wish to sue
    Answer

    There is likely something missing here as that can't properly happen unless there is a default by you and the co-signor intervnes with a lawsuit OR you are just a co-signor in possession and the actual buyer was what you called the co-signor. There are some missing facts here. 

  • Q
    I was served an eviction summons but the names are wrong the name listed is not me
    Landlord and Tenant Law  |  Aug 11th, 2017
    Mark Tischhauser, Esq.   That might be something to raise as an issue, but without a lawyer, if thats the best you got as a defense you need to get packing. 
    x
    i was served an eviction summons but the names are wrong the name listed is not me
    Answer

    That might be something to raise as an issue, but without a lawyer, if thats the best you got as a defense you need to get packing. 

  • Q
    Can my girlfriend sell my items that she got me as a gift after breakup
    Civil Litigation  |  Aug 11th, 2017
    Mark Tischhauser, Esq.   No way to tell for sure - as par for the course in such instances - both parties typically lie about the circumstances making it a confused mess. By example, you claim its a gift, yet there is a slanted explanation about how you were actually paying for part of it. By definition if you are paying fo...
    x
    Can my girlfriend sell my items that she got me as a gift after breakup
    Answer

    No way to tell for sure - as par for the course in such instances - both parties typically lie about the circumstances making it a confused mess. By example, you claim its a gift, yet there is a slanted explanation about how you were actually paying for part of it. By definition if you are paying for part of it, it may be niether a gift nor yours as this could equally be peceieved that you have crap credit as is typically with musicians and used her credit to buy your "tools" with an agreement to pay her back but have no money and need your "tools" so now they are claimed to be a gift. The basic issue here is - if you need the equipment at issue to perform, and you didn't need her credit to get them, the more efficient choice is to simply call it a bad decision, she probably lost out on the resale - buy yourself new equipment with your money and credit and carry on. If you want to, you can sue her for the value you spent and invested, but its likely not emough to jsutify the legal expense and effort. 

  • Q
    No hot water
    Landlord and Tenant Law  |  Aug 11th, 2017
    Mark Tischhauser, Esq.   What you describe is not suffiicent tp break a lease as a general rule. The law requires HOT water be provided not cold water. You probably need to hire a lawyer to send a 7 day repair letter to the LL and see where it goes from there. 
    x
    No hot water
    Answer

    What you describe is not suffiicent tp break a lease as a general rule. The law requires HOT water be provided not cold water. You probably need to hire a lawyer to send a 7 day repair letter to the LL and see where it goes from there. 

  • Q
    I received an eviction summons. I do have the money to pay for the month that is late and made arrangements to clear up August by the end of August.
    Landlord and Tenant Law  |  Aug 10th, 2017
    Mark Tischhauser, Esq.   Nope. Unless you have some sort of settlement in writing  - no idea what "made arrangements" means especially when it entails you likely remaining a month behind. if they served a 3 day notice and you did not pay it all - you are simply subject to eviction at that point. 
    x
    I received an eviction summons. I do have the money to pay for the month that is late and made arrangements to clear up August by the end of August.
    Answer

    Nope. Unless you have some sort of settlement in writing  - no idea what "made arrangements" means especially when it entails you likely remaining a month behind. if they served a 3 day notice and you did not pay it all - you are simply subject to eviction at that point. 

  • Q
    I paid some off the wall contractor 11.000 dollars to paint my house , tile 2 bedrooms, re-do a bathroom , he made more of a mess then anything else
    Breach of Contract  |  Aug 11th, 2017
    Mark Tischhauser, Esq.   Possbly - but in part this is what you get when you hire an "off the wall" contractor. You also need to make sure that permits were pulled for some of the items as they may require code enforcment inspections or licensed contractors not a handy man. 
    x
    i paid some off the wall contractor 11.000 dollars to paint my house , tile 2 bedrooms, re-do a bathroom , he made more of a mess then anything else
    Answer

    Possbly - but in part this is what you get when you hire an "off the wall" contractor. You also need to make sure that permits were pulled for some of the items as they may require code enforcment inspections or licensed contractors not a handy man. 

  • Q
    How do I file a motion or a letter requesting that my spouse and dependent children not be part of the lawsui
    Foreclosures  |  Aug 11th, 2017
    Mark Tischhauser, Esq.   You dont if they occupy the house. THis is one reason why you need to retain a lawyer to defend a foreclsoure. 
    x
    How do I file a motion or a letter requesting that my spouse and dependent children not be part of the lawsui
    Answer

    You dont if they occupy the house. THis is one reason why you need to retain a lawyer to defend a foreclsoure. 

  • Q
    Is it legal, in the Florida, for a landlord to withhold the fact that a convicted child sexual predator lives next door?
    Landlord and Tenant Law  |  Aug 11th, 2017
    Mark Tischhauser, Esq.   The did not "withhold" this unless you specifically asked "is there a sexual offender next door?" and they were aware of it and said "No". If you didn't ask, they are not under any obligation to inform you of such things, that is up to you as a renter. Before you rent a house, its a good idea to che...
    x
    Is it legal, in the Florida, for a landlord to withhold the fact that a convicted child sexual predator lives next door?
    Answer

    The did not "withhold" this unless you specifically asked "is there a sexual offender next door?" and they were aware of it and said "No". If you didn't ask, they are not under any obligation to inform you of such things, that is up to you as a renter. Before you rent a house, its a good idea to check out the neighbors with public record seraches and see who you are moving next to BEFORE you sign the lease, not after. 

  • Q
    Auto Debit Gym Payments
    Consumer Law  |  Aug 11th, 2017
    Mark Tischhauser, Esq.   They shouldnt charge interest or penalties for thier error but you will still owe the money agreed to. 
    x
    Auto Debit Gym Payments
    Answer

    They shouldnt charge interest or penalties for thier error but you will still owe the money agreed to. 

  • Q
    Can I sue the sheriff, state atty. medical examiner for misconduct concerning my son's murder. They had evidence it was double murder. Closed suicide
    Police Misconduct  |  Aug 11th, 2017
    Mark Tischhauser, Esq.   Not with the facts you provide and you know this. Knowing witnesses lie is not the same as proving it or the truth. Your best bet is to hire private investigators and gather evidence, if at all possible,  to present to the State to change thier mind. What describe sounds like a murder/suicide a...
    x
    Can I sue the sheriff, state atty. medical examiner for misconduct concerning my son's murder. They had evidence it was double murder. Closed suicide
    Answer

    Not with the facts you provide and you know this. Knowing witnesses lie is not the same as proving it or the truth. Your best bet is to hire private investigators and gather evidence, if at all possible,  to present to the State to change thier mind. What describe sounds like a murder/suicide and as you know if they determine the perpetraror committed suicide after the murder, the investigation will not go far past that without lots of contrary evidence and motive. 

  • Q
    I lend a friend some money and now he is refusing to pay me back although he signed an agreement, what should I do?
    Breach of Contract  |  Aug 12th, 2017
    Mark Tischhauser, Esq.   Sounds like you will ned to spend the money on a lawyer to sue them. The propriety of this all depends on the amount at issue and the collectability of the other party. 
    x
    I lend a friend some money and now he is refusing to pay me back although he signed an agreement, what should I do?
    Answer

    Sounds like you will ned to spend the money on a lawyer to sue them. The propriety of this all depends on the amount at issue and the collectability of the other party. 

  • Q
    Do I need to keep paying??
    Consumer Fraud  |  Aug 12th, 2017
    Mark Tischhauser, Esq.   First, no, a lease intention is the opposite, as if you were buying the bike you would have bought it and financed it. Second, that the bike gets stolen is YOUR problem not the lease company's or the dealers, you still owe on the lease and should have had insurance to cover the loss. Finally, not su...
    x
    Do I need to keep paying??
    Answer

    First, no, a lease intention is the opposite, as if you were buying the bike you would have bought it and financed it. Second, that the bike gets stolen is YOUR problem not the lease company's or the dealers, you still owe on the lease and should have had insurance to cover the loss. Finally, not sure what is going on with the other person claiming its thier bike as there may be something shady going on there from several angles that you will need to sort out. 

  • Q
    My ex and a officer co worker both work at TSA airport & have used government resources to access info about me and others. I need advice and help.
    Civil Litigation  |  Aug 13th, 2017
    Mark Tischhauser, Esq.   IF you can prove this occured with government resources, you can take your info and file a complaint with the agency. Her threat to do so alone may be issue for them. Bear in mind though that criminal records are generally available on the internet so, as are telehone numbers anbd addresses with a l...
    x
    My ex and a officer co worker both work at TSA airport & have used government resources to access info about me and others. I need advice and help.
    Answer

    IF you can prove this occured with government resources, you can take your info and file a complaint with the agency. Her threat to do so alone may be issue for them. Bear in mind though that criminal records are generally available on the internet so, as are telehone numbers anbd addresses with a little work. 

  • Q
    Can a president of an HOA withhold information from other BM's?
    Breach of Contract  |  Aug 13th, 2017
    Mark Tischhauser, Esq.   This question needs to be directed to your board counsel. 
    x
    Can a president of an HOA withhold information from other BM's?
    Answer

    This question needs to be directed to your board counsel. 

  • Q
    Can I sue the puppy store?
    Animal Law  |  Aug 14th, 2017
    Mark Tischhauser, Esq.   To be clear  - and ESA is NOT a service animal. They are two different things. Without knowing why the puppy was dead, its impossible to answer this question otherwise. 
    x
    can I sue the puppy store?
    Answer

    To be clear  - and ESA is NOT a service animal. They are two different things. Without knowing why the puppy was dead, its impossible to answer this question otherwise. 

  • Q
    Financial responsibility for medical costs due to mold illness, testing for type of mold and professional remediation?
    Landlord and Tenant Law  |  Aug 14th, 2017
    Mark Tischhauser, Esq.   This is always a difficult prospect as a tenant. You will first need to hire and pay for a mold assessor to determine IF there is toic mold and then hire and a pay for a mold remediator to give an opinion about fixing it if there is. Generally, most LL raise eyebrows with mold claims where you just ...
    x
    Financial responsibility for medical costs due to mold illness, testing for type of mold and professional remediation?
    Answer

    This is always a difficult prospect as a tenant. You will first need to hire and pay for a mold assessor to determine IF there is toic mold and then hire and a pay for a mold remediator to give an opinion about fixing it if there is. Generally, most LL raise eyebrows with mold claims where you just discovered it and yet claim to have already read up on it, as some form of set up for free rent or to get out of the lease just so you are aware of what to expect. This is especially true if the claimed effects are pervasive and affect multiple people.   Regardless, you will need to hire a tenant lawyer to send a proper 7 day repair letter and if the LL does not address the leak and the mold isue, be prepared to move out on the 8th day, preferablly with a mold assessor report. terminating the rental agreement. Then you can deterimine if there are any medical issues and go from there for any other claims. 

  • Q
    New shoe burning and burned son's sock and he had to rip shoe off. Happened twice today.
    Products Liability  |  Aug 11th, 2017
    Mark Tischhauser, Esq.   Yep- calling SHENS on this claim. Absent some AMAZING facts and documented scientific evidence, there is no basis for shoes to spontaenously combustion. This will be treated by Adidias as more like someone who's kid ruined an expensive pair of shoes doing someting silly trying to get a free replacem...
    x
    New shoe burning and burned son's sock and he had to rip shoe off. Happened twice today.
    Answer

    Yep- calling SHENS on this claim. Absent some AMAZING facts and documented scientific evidence, there is no basis for shoes to spontaenously combustion. This will be treated by Adidias as more like someone who's kid ruined an expensive pair of shoes doing someting silly trying to get a free replacement. If expect to dispel that notion you will need to hire an expert,likely a chemist, to demonstrate how the shoes spontaneously combust. If not, this likely goes no where. 

  • Q
    Should I hire a attorney/ lawyer to fight against a bnk for trying to sue me for CAR REPO?
    Civil Litigation  |  Aug 6th, 2017
    Mark Tischhauser, Esq.   Sounds like they HAVE sued you and you would be foolish NOT to hire a lawyer, since its clear you are confused about whats actually happening with this issue. 
    x
    Should I hire a attorney/ lawyer to fight against a bnk for trying to sue me for CAR REPO?
    Answer

    Sounds like they HAVE sued you and you would be foolish NOT to hire a lawyer, since its clear you are confused about whats actually happening with this issue. 

  • Q
    Stopped payment Check from Customer. Do I have a case?
    Collections  |  Aug 6th, 2017
    Mark Tischhauser, Esq.   THis may be a "bad check" type case. You probably need to hire a lawyer to handle this properly. 
    x
    Stopped payment Check from Customer. Do I have a case?
    Answer

    THis may be a "bad check" type case. You probably need to hire a lawyer to handle this properly. 

  • Q
    I would like to sue or get money from an individual and I'm having trouble finding the proper lawyer.
    Civil Litigation  |  Aug 7th, 2017
    Mark Tischhauser, Esq.   Any civil trial lawyer or construction lawyer will be your starting place. Don't plan on lawyers taking such a case on a contingent fee, as most will not for a variety oif reasons. 
    x
    I would like to sue or get money from an individual and I'm having trouble finding the proper lawyer.
    Answer

    Any civil trial lawyer or construction lawyer will be your starting place. Don't plan on lawyers taking such a case on a contingent fee, as most will not for a variety oif reasons. 

  • Q
    I received delayed treatment for a heart attack because they didn't take my symptoms seriousy and misread my EKG. Didn't receive thrombolytics.
    Medical Malpractice  |  Aug 7th, 2017
    Mark Tischhauser, Esq.   Your opinion as a nurse is of little consequence. You will need a formal written opinion of a cardiologist supporting your contention and then go from there. 
    x
    I received delayed treatment for a heart attack because they didn't take my symptoms seriousy and misread my EKG. Didn't receive thrombolytics.
    Answer

    Your opinion as a nurse is of little consequence. You will need a formal written opinion of a cardiologist supporting your contention and then go from there. 

  • Q
    I have a lein placed in my condo from cancer centers of America for $125,000.00. My insurance at that time was United Healthcare. They declined to pay
    Collections  |  Aug 7th, 2017
    Mark Tischhauser, Esq.   You need to hire a lawyer to review this as it sounds like a judgment and if your condo is homesteaded you may need to file bankruptcy. 
    x
    I have a lein placed in my condo from cancer centers of America for $125,000.00. My insurance at that time was United Healthcare. They declined to pay
    Answer

    You need to hire a lawyer to review this as it sounds like a judgment and if your condo is homesteaded you may need to file bankruptcy. 

  • Q
    I received an eviction notice from the bank that forclosed on my mothers property. Do we her childredn have any options to ask for more time?
    Foreclosures  |  Aug 8th, 2017
    Mark Tischhauser, Esq.   If you have been involved in the foreclosure no, the Court will determine the rights of the parties and if you have no right to live there the bank can seek your removal. Since you were aware of the issue and actively involved in the proceedings you have had PLENTY of time to plan for the possibilit...
    x
    I received an eviction notice from the bank that forclosed on my mothers property. Do we her childredn have any options to ask for more time?
    Answer

    If you have been involved in the foreclosure no, the Court will determine the rights of the parties and if you have no right to live there the bank can seek your removal. Since you were aware of the issue and actively involved in the proceedings you have had PLENTY of time to plan for the possibility of getting removed and the court may have little sympathy and view your efforts as just another delay tactic. If you expect to try to buy more time, you REALLY need to hire the lawyer now you should have hired long ago, to address this. 

  • Q
    I'm a victim of a crime and i don't think the Sheriff's Dept. Is doing their job by arresting this guy.
    Civil Litigation  |  Aug 8th, 2017
    Mark Tischhauser, Esq.   Nope - there is immunity for that. Typically, there is more to such a story and that may be an issue with the State Attorney's willingness to waste tax dollars prosecuting what may be to them a sketchy case. By example the WHY and HOW did this guy allegedly jump you is typically the forefront of suc...
    x
    I'm a victim of a crime and i don't think the Sheriff's Dept. Is doing their job by arresting this guy.
    Answer

    Nope - there is immunity for that. Typically, there is more to such a story and that may be an issue with the State Attorney's willingness to waste tax dollars prosecuting what may be to them a sketchy case. By example the WHY and HOW did this guy allegedly jump you is typically the forefront of such an issue. 

  • Q
    Is it possible to get an evaluation to determine if I have a case
    Libel, Slander and Defamation  |  Aug 9th, 2017
    Mark Tischhauser, Esq.   Sure - most lawyers that do such cases, including or office, will providea basic and preliminary consult for that. 
    x
    Is it possible to get an evaluation to determine if I have a case
    Answer

    Sure - most lawyers that do such cases, including or office, will providea basic and preliminary consult for that. 

  • Q
    Can an officer barge in your house and then beat on you to where your eyes are black and blue face is swollen over a petty theft
    Police Misconduct  |  Aug 9th, 2017
    Mark Tischhauser, Esq.   Starting point is - thats what happens when you refuse entry to law enforcement and they are forced to "barge in." Absent some video or evidence to contrary  - its fair to assume that she was resisting, 80lbs or not. When you are a criminal, petty theft or no, you're still a criminal so scrappi...
    x
    Can an officer barge in your house and then beat on you to where your eyes are black and blue face is swollen over a petty theft
    Answer

    Starting point is - thats what happens when you refuse entry to law enforcement and they are forced to "barge in." Absent some video or evidence to contrary  - its fair to assume that she was resisting, 80lbs or not. When you are a criminal, petty theft or no, you're still a criminal so scrapping with the police is simply a bad idea and most people will have little sympathy over the issue in general. She can file an internal affairs complaint BUT it better be warranted as that goes over like a lead balloon if its a bogus claim against the cops  just trying to get out of a jam. 

  • Q
    Can I sue the GOP for one million dollars for fraud and racketeering for not repealing and replacing Obama care?
    Breach of Contract  |  Aug 9th, 2017
    Mark Tischhauser, Esq.   If you want to FUND such an action, which will cost you quite a bit, to make a point, its possible to find some legal vehicle to address this at least at a base level. If you are just another angry politico looking for some lawyer to take your case on a contingent fee so you can rail against the sys...
    x
    Can I sue the GOP for one million dollars for fraud and racketeering for not repealing and replacing Obama care?
    Answer

    If you want to FUND such an action, which will cost you quite a bit, to make a point, its possible to find some legal vehicle to address this at least at a base level. If you are just another angry politico looking for some lawyer to take your case on a contingent fee so you can rail against the system using the courts as a personal blog site, you won't lilely find anyone interested. Lawyers won't waste thier time on such issues if they aren't getting paid, candidly. You may want to Googe the ACLJ, American Center for Law and Justice and contrbute the them as an alternative. 

  • Q
    How do I find out if personal injury award held in a trust account was in an interest bearing account or not?
    Personal Injury  |  Aug 9th, 2017
    Mark Tischhauser, Esq.   Its likely true as the Florida Bar takes the interest on IOTA accounts. 
    x
    How do I find out if personal injury award held in a trust account was in an interest bearing account or not?
    Answer

    Its likely true as the Florida Bar takes the interest on IOTA accounts. 

  • Q
    A daughter w/POA and myself (partner) fight over mother's care. I discovered that the daughter tells people I've been Baker Acted. Not true
    Libel, Slander and Defamation  |  Aug 7th, 2017
    Mark Tischhauser, Esq.   This is simply a matter of whether you want to spend the tens of thousands of dollars likely necessary to fight this fight with the daughter having POA. If not, then you are simply an affectionate room mate in the eyes of the law and thats the end of that. 
    x
    A daughter w/POA and myself (partner) fight over mother's care. I discovered that the daughter tells people I've been Baker Acted. Not true
    Answer

    This is simply a matter of whether you want to spend the tens of thousands of dollars likely necessary to fight this fight with the daughter having POA. If not, then you are simply an affectionate room mate in the eyes of the law and thats the end of that. 

  • Q
    Can I withhold my rent for termite infestation that landlord hasn't done anythinh about for 2 months now? I live in Florida
    Landlord and Tenant Law  |  Aug 8th, 2017
    Mark Tischhauser, Esq.   No - as a general rule you cannot withold rent in Florida. 
    x
    Can I withhold my rent for termite infestation that landlord hasn't done anythinh about for 2 months now? I live in Florida
    Answer

    No - as a general rule you cannot withold rent in Florida. 

  • Q
    Blown Engine
    Civil Litigation  |  Aug 7th, 2017
    Mark Tischhauser, Esq.   Maybe - depends on the details of WHY the dealer says it was Jiffy Lubes fault - not just the declaration of it. 
    x
    Blown Engine
    Answer

    Maybe - depends on the details of WHY the dealer says it was Jiffy Lubes fault - not just the declaration of it. 

  • Q
    I went for knee replacement surgery but fell in hospital and opened the sutures. I went home with a hospital borne infection....
    Medical Malpractice  |  Aug 6th, 2017
    Mark Tischhauser, Esq.   Depends on the issues but there may be a claim here somewhere......you will need to speak with a lawyer and provide more details. 
    x
    I went for knee replacement surgery but fell in hospital and opened the sutures. I went home with a hospital borne infection....
    Answer

    Depends on the issues but there may be a claim here somewhere......you will need to speak with a lawyer and provide more details. 

  • Q
    The phone/internet wiring in my rental has gone bad, it needs tio be replaced. Owner refuses to rplace it. Federal law requires access to 911.
    Landlord and Tenant Law  |  Jul 27th, 2017
    Mark Tischhauser, Esq.   LL is not required to provide you means to supplement your income nor is the LL obligated to provide you 911 service nor address your financial needs. The exception would be a lease provision that provides otherwise but I havent seen one in 27 years that says such. Hence you will need to find other ...
    x
    The phone/internet wiring in my rental has gone bad, it needs tio be replaced. Owner refuses to rplace it. Federal law requires access to 911.
    Answer

    LL is not required to provide you means to supplement your income nor is the LL obligated to provide you 911 service nor address your financial needs. The exception would be a lease provision that provides otherwise but I havent seen one in 27 years that says such. Hence you will need to find other remedies such as a wi-fi location you can use or some other alternative 

  • Q
    Can I sue twice in small claims court-$5000 and $5000, to recoup $10,000 owed to me due to personal loans?
    Debtor and Creditor  |  Jul 27th, 2017
    Mark Tischhauser, Esq.   No you generally cannot and small claims court really is no better or worse than county court - in fact its the same judges. BEFORE you waste time and money spending dollars to chase dimes, you need to hire a lawyer to handle the litigation. I fyou wont do that , becuas its not worth the expense, th...
    x
    Can I sue twice in small claims court-$5000 and $5000, to recoup $10,000 owed to me due to personal loans?
    Answer

    No you generally cannot and small claims court really is no better or worse than county court - in fact its the same judges. BEFORE you waste time and money spending dollars to chase dimes, you need to hire a lawyer to handle the litigation. I fyou wont do that , becuas its not worth the expense, then you already have your answer to your expectation of collecting money from the person at issue. 

  • Q
    I want to sue I was falsely acused of petti theft fist degree and second degree I want to sue for millions of dollars I was arrested went to court I
    Civil Litigation  |  Jul 31st, 2017
    Mark Tischhauser, Esq.   Yaaaayyyyy a lottery ticket! Just because you  are aquitted, plead out or the charges were ultimately dropped does NOT entitle you to MILLIONS OF DOLLARS. You will likely have to show that there was some perjury, fraud or malicious intent on the complaining party or the State Attorney, not just...
    x
    I want to sue I was falsely acused of petti theft fist degree and second degree I want to sue for millions of dollars I was arrested went to court I
    Answer

    Yaaaayyyyy a lottery ticket! Just because you  are aquitted, plead out or the charges were ultimately dropped does NOT entitle you to MILLIONS OF DOLLARS. You will likely have to show that there was some perjury, fraud or malicious intent on the complaining party or the State Attorney, not just that they were wrong o chose not to prosecute after battling yout lawyer. Of course, that also presumes that there is ZERO evidence to support thier allegations, as you didn't even come close to such claimed conduct. Otherwise, unlike crininal court, your have the burden pf proof and there is no 5th amendment privilege, so your testimony would be required and subject to perjury just like thiers. 

  • Q
    I had cosmetic surgery I've lost the vision in my left die and have constant pain for the last eight months- would a lawyer take this case?
    Consumer Law  |  Jul 31st, 2017
    Mark Tischhauser, Esq.   whoooo boy. The medical weed issue adds HUGE complications from a variety of issues, as did "lost vision in my left eye" only later to be restated as "ALMOST no vision in left eye" and this arising from a "cosmentic surgery" whatever  that entails. You will likeljust need to gather all of your ...
    x
    I had cosmetic surgery I've lost the vision in my left die and have constant pain for the last eight months- would a lawyer take this case?
    Answer

    whoooo boy. The medical weed issue adds HUGE complications from a variety of issues, as did "lost vision in my left eye" only later to be restated as "ALMOST no vision in left eye" and this arising from a "cosmentic surgery" whatever  that entails. You will likeljust need to gather all of your medical records and bring themto a lawyer to review (some may charge for this BTW with such facts) and go from there. 

  • Q
    Tenant or Landlord Responsibility?
    Landlord and Tenant Law  |  Jul 31st, 2017
    Mark Tischhauser, Esq.   Yours. The water pipe didn't bust itself. Now, if you are able to PROVE not claim that the water pipe broke with ordinary use, you would have argument to the contrary. I thin kyou find plumbers not agreeing that a "corroded" bib fitting would break a copper pipe absent some exessive force like using...
    x
    Tenant or Landlord Responsibility?
    Answer

    Yours. The water pipe didn't bust itself. Now, if you are able to PROVE not claim that the water pipe broke with ordinary use, you would have argument to the contrary. I thin kyou find plumbers not agreeing that a "corroded" bib fitting would break a copper pipe absent some exessive force like using pliers etc. If you cant or wont spend the money to dispel the LL poistion, you are better off just paying for the damage and moving on unless you want to take the risk that the LL sues you. 

  • Q
    My boyfriend is in a coma. We lived together prior to this and I actually took him to the hospital right before he fell into the coma. I am a nurse.
    Libel, Slander and Defamation  |  Jul 31st, 2017
    Mark Tischhauser, Esq.   This is the clasic battle of people in a profession , even for good intentions, being involved in controversy when dealing with other in the same profession. It may rise to defemation depending on what is said and why, BUT, you will have to decide do you spend thousands and possibly tens of thousand...
    x
    My boyfriend is in a coma. We lived together prior to this and I actually took him to the hospital right before he fell into the coma. I am a nurse.
    Answer

    This is the clasic battle of people in a profession , even for good intentions, being involved in controversy when dealing with other in the same profession. It may rise to defemation depending on what is said and why, BUT, you will have to decide do you spend thousands and possibly tens of thousands of dollars on such an case? If not, then its not an issue to push on and you focus on others.....

  • Q
    How do I prevent my ex and his attorney from harassment and collusion?
    Legal Malpractice  |  Jul 31st, 2017
    Mark Tischhauser, Esq.   You don't. Your ex and his lawyer will by definition "collude" against you. While cries of "collusion" feed the media in politics, they do little or nothing in family law proceedings. Unfortunately, your opponent is person you chose to marry and have achild with, and that is something you will have ...
    x
    How do I prevent my ex and his attorney from harassment and collusion?
    Answer

    You don't. Your ex and his lawyer will by definition "collude" against you. While cries of "collusion" feed the media in politics, they do little or nothing in family law proceedings. Unfortunately, your opponent is person you chose to marry and have achild with, and that is something you will have to contend with until she is an adult and the family law issues expire. At that point they will simply be family squabbles and you can ignore those as you choose. There are no "short cuts" or" I doan wanna" defenses until then so you will simply have to deal with the controvery. 

  • Q
    I found what looks like vertebrae in my Frosty from Wendy's in Sebastian Fl, the regional office and the owner will not help Stephanie 516-639-2527
    Civil Litigation  |  Aug 5th, 2017
    Mark Tischhauser, Esq.   Candidly, this has ALL of the trappings of an adulterated food set up from a variety of angles. Bottom line is you will have start with hiring, at some expense, an expert to examine the item you claim was in the Frosty and prove that it is consistent with your allegations.Otherwise, when combined wi...
    x
    I found what looks like vertebrae in my Frosty from Wendy's in Sebastian Fl, the regional office and the owner will not help Stephanie 516-639-2527
    Answer

    Candidly, this has ALL of the trappings of an adulterated food set up from a variety of angles. Bottom line is you will have start with hiring, at some expense, an expert to examine the item you claim was in the Frosty and prove that it is consistent with your allegations.Otherwise, when combined with histrinoic claims "its a horrendus ordeal, I'll never be right again and I can't even work" your claim will likely be treated as a sham regardless of what actually happened. 

  • Q
    Can I sue the GC I signed a contract with to reroof my house for breach of contact?
    Breach of Contract  |  Aug 6th, 2017
    Mark Tischhauser, Esq.   Sounds like the start of a contract breach case. You will simply need to hire a lawyer to get involved and sort this out. This should have been dealt with months ago. 
    x
    Can I sue the GC I signed a contract with to reroof my house for breach of contact?
    Answer

    Sounds like the start of a contract breach case. You will simply need to hire a lawyer to get involved and sort this out. This should have been dealt with months ago. 

  • Q
    How to fight a civil judgement?
    Litigation  |  Jul 31st, 2017
    Mark Tischhauser, Esq.   Not if its reduced to a judgment already. You need to hire a lawyer otherwise if its simply a lawsuit. 
    x
    how to fight a civil judgement?
    Answer

    Not if its reduced to a judgment already. You need to hire a lawyer otherwise if its simply a lawsuit. 

  • Q
    Jose , I just received a letter from ISPC stating to pay in full or my house will have a lean on it . ISPC is their own creditor and collector .
    Debtor and Creditor  |  Aug 1st, 2017
    Mark Tischhauser, Esq.   YOu will need to hire a lawyer to review the issue, probably at your expense, and go from there. 
    x
    Jose , I just received a letter from ISPC stating to pay in full or my house will have a lean on it . ISPC is their own creditor and collector .
    Answer

    YOu will need to hire a lawyer to review the issue, probably at your expense, and go from there. 

  • Q
    Dealership put me in a car that was not road ready
    Automobile Accidents  |  Aug 1st, 2017
    Mark Tischhauser, Esq.   If the car was sold AS IS it does not have to be "road ready" whatever that entails. There is certainly something missing here as its virtually impossible to drive a vehicle with no lug nuts at all on a wheel, as the first turn will cause the wheel to fly off. 
    x
    dealership put me in a car that was not road ready
    Answer

    If the car was sold AS IS it does not have to be "road ready" whatever that entails. There is certainly something missing here as its virtually impossible to drive a vehicle with no lug nuts at all on a wheel, as the first turn will cause the wheel to fly off. 

  • Q
    A search engine references my name as a child molester and I'm not a child molester...is this legal?
    Libel, Slander and Defamation  |  Aug 1st, 2017
    Mark Tischhauser, Esq.   It depends on the manner in which this occurs andwhy and how this connection is made. 
    x
    A search engine references my name as a child molester and I'm not a child molester...is this legal?
    Answer

    It depends on the manner in which this occurs andwhy and how this connection is made. 

  • Q
    Can we go after are attorney for not paying all medical bills
    Legal Malpractice  |  Aug 1st, 2017
    Mark Tischhauser, Esq.   maybe - depends on the details of who was supposed to pay what with the settlement. YOu will need to retain a lawyer at an hourly rate/retainer to review the issue and go from there. 
    x
    Can we go after are attorney for not paying all medical bills
    Answer

    maybe - depends on the details of who was supposed to pay what with the settlement. YOu will need to retain a lawyer at an hourly rate/retainer to review the issue and go from there. 

  • Q
    Rental Car Accident
    Automobile Accidents  |  Aug 1st, 2017
    Mark Tischhauser, Esq.   The problem here is not "personal injury" lawyers - its that you are the at fault party. NO lawyer will take such a case unless you are paying an hourly rate/retainer to address the issues. This is not a contingent fee type case. ANY civil trial, perosnal injuury or insurance lawyer can handle such ...
    x
    Rental Car Accident
    Answer

    The problem here is not "personal injury" lawyers - its that you are the at fault party. NO lawyer will take such a case unless you are paying an hourly rate/retainer to address the issues. This is not a contingent fee type case. ANY civil trial, perosnal injuury or insurance lawyer can handle such a case ifyou are able to spend pay the legal fees. 

  • Q
    Ongoing (1 yr +) plumbing/AC prob threatening electrocution when we shower. Mngmt been informed many times. Told us to leave if we dont like it. Help!
    Landlord and Tenant Law  |  Aug 1st, 2017
    Mark Tischhauser, Esq.   You need to retain a tenant lawyer to help you terminate the tenancy properly and move. 
    x
    Ongoing (1 yr +) plumbing/AC prob threatening electrocution when we shower. Mngmt been informed many times. Told us to leave if we dont like it. Help!
    Answer

    You need to retain a tenant lawyer to help you terminate the tenancy properly and move. 

  • Q
    Can a realtor buy a building in the middle of my lease (came in once to barley peek inside) now claim my security deposit for damages there before me?
    Landlord and Tenant Law  |  Aug 1st, 2017
    Mark Tischhauser, Esq.   This sounds like a shake down.  You need to retain a tenant lawyer if you want fight the LL over the deposit. 
    x
    Can a realtor buy a building in the middle of my lease (came in once to barley peek inside) now claim my security deposit for damages there before me?
    Answer

    This sounds like a shake down.  You need to retain a tenant lawyer if you want fight the LL over the deposit. 

  • Q
    We have broth a mobile home From Ironwood homes of Perry . It is not ready . It has been over three months . Now and we are still not move in . But
    Consumer Law  |  Aug 2nd, 2017
    Mark Tischhauser, Esq.   If you can't get answers and the problem solved you may have to spend money out of pocket to hire lawyers to figure out whats going on and address this. 
    x
    We have broth a mobile home From Ironwood homes of Perry . It is not ready . It has been over three months . Now and we are still not move in . But
    Answer

    If you can't get answers and the problem solved you may have to spend money out of pocket to hire lawyers to figure out whats going on and address this. 

  • Q
    How to cancel a sales contract
    Breach of Contract  |  Aug 2nd, 2017
    Mark Tischhauser, Esq.   You generally dont and there is no legal magic wand to do so. YOu may need toretain a lawyer to figure out how to handle this issue. 
    x
    how to cancel a sales contract
    Answer

    You generally dont and there is no legal magic wand to do so. YOu may need toretain a lawyer to figure out how to handle this issue. 

  • Q
    A disbarred attorney used another attorney's letter head to send me a very "ugly" letter, with a ton of accusations that are false.
    Civil Litigation  |  Aug 2nd, 2017
    Mark Tischhauser, Esq.   As one of the few lawyers that handle defamation cases, I can tell you that a civil trial lawyer of some sort will bewhere you start. Defeamation cases are typcially expensive to pursue and are not usually handled on a contingent fee basis. If the issue is highly emotional and there isa combative de...
    x
    A disbarred attorney used another attorney's letter head to send me a very "ugly" letter, with a ton of accusations that are false.
    Answer

    As one of the few lawyers that handle defamation cases, I can tell you that a civil trial lawyer of some sort will bewhere you start. Defeamation cases are typcially expensive to pursue and are not usually handled on a contingent fee basis. If the issue is highly emotional and there isa combative defendant, they can be very costly. 

  • Q
    In Florida, can a lawyer withdrawal for reconcilable differences. Read the FloridaBar rules covering withdraw and not mention of this general reason.
    Civil Litigation  |  Aug 3rd, 2017
    Mark Tischhauser, Esq.   No offense - but this has ALL of the trappings of YOU wanting to be the lawyer in the case or at least viewing yourself as co-counsel dictating what should should not be done and how. To be clear that is the FASTEST means to ensure that no lawyer will come near your case under such circumstances, re...
    x
    In Florida, can a lawyer withdrawal for reconcilable differences. Read the FloridaBar rules covering withdraw and not mention of this general reason.
    Answer

    No offense - but this has ALL of the trappings of YOU wanting to be the lawyer in the case or at least viewing yourself as co-counsel dictating what should should not be done and how. To be clear that is the FASTEST means to ensure that no lawyer will come near your case under such circumstances, regardless if you are expecting to retain counsel on a contingent fee with a claim of $860k in damages.  

  • Q
    Judgement against NJ resident who jointly owns a condo with husband in Florida. Can I collect judgement from the condo. Husband lives in condo.
    Debtor and Creditor  |  Aug 3rd, 2017
    Mark Tischhauser, Esq.   You are simply asking too many speculative questions that can't possibly be answeredin a useful fashion without lots of details. Bottom line is you have a whole line of issues to address in regard to attempting to collect that judgment. Bottom line is noone is required to line up and pay your judgme...
    x
    Judgement against NJ resident who jointly owns a condo with husband in Florida. Can I collect judgement from the condo. Husband lives in condo.
    Answer

    You are simply asking too many speculative questions that can't possibly be answeredin a useful fashion without lots of details. Bottom line is you have a whole line of issues to address in regard to attempting to collect that judgment. Bottom line is noone is required to line up and pay your judgment just because you have one. YOU will have to bear the expense and effort of enforcing it in a proper and timely fashion. So if they decide to convey the property to a trust or reverse mortage it and suck out all the equity, or just sell it, you are likely still left just holding a piece of paper as a glorified IOU. 

  • Q
    I have a 60,000 mile warranty on my Hyundai Sonata. We are at 46,000 miles. We did not take our Sonata for the"mandatory 30,000 service" .
    Consumer Law  |  Aug 3rd, 2017
    Mark Tischhauser, Esq.   Depends on the warranty language  - but generally - unauthorized service work and failure to maintain the vehicle per the schedule CAN cause issues with warranty work in the future. 
    x
    I have a 60,000 mile warranty on my Hyundai Sonata. We are at 46,000 miles. We did not take our Sonata for the"mandatory 30,000 service" .
    Answer

    Depends on the warranty language  - but generally - unauthorized service work and failure to maintain the vehicle per the schedule CAN cause issues with warranty work in the future. 

  • Q
    We are being wrongfully evicted due to landlord doesnt want to fix servere repairs rook leaking etc. We ask for simple repairs and now getting evicted
    Landlord and Tenant Law  |  Aug 3rd, 2017
    Mark Tischhauser, Esq.   You dont get evicted because the LL won't do repairs....that makes no sense. There is more to this that is not being presented. 
    x
    We are being wrongfully evicted due to landlord doesnt want to fix servere repairs rook leaking etc. We ask for simple repairs and now getting evicted
    Answer

    You dont get evicted because the LL won't do repairs....that makes no sense. There is more to this that is not being presented. 

  • Q
    How long can an airport detain someone
    Personal Injury  |  Aug 3rd, 2017
    Mark Tischhauser, Esq.   Depends on the reasons and who is doing the detention.
    x
    How long can an airport detain someone
    Answer

    Depends on the reasons and who is doing the detention.

  • Q
    Can I file lawsuit for slip and fall injuries for negligence claim?
    Personal Injury  |  Aug 4th, 2017
    Mark Tischhauser, Esq.   This is a problematic case - as there is a clear degree of comparative neglience/assumption of risk - when you expect to hold someone else liable because your fell in a wet bathtub/shower. Absent a substantial injury - which I didn't see described - this is a very very weak case. To the other end, i...
    x
    Can I file lawsuit for slip and fall injuries for negligence claim?
    Answer

    This is a problematic case - as there is a clear degree of comparative neglience/assumption of risk - when you expect to hold someone else liable because your fell in a wet bathtub/shower. Absent a substantial injury - which I didn't see described - this is a very very weak case. To the other end, if you suffered some catatstrophic injury, which I hope you didn't, the consideration for fighting through the comparative negligence issues may become stronger. 

  • Q
    If I am being sued by someone's insurance company for damage to the other persons vehicle what should I do?
    Automobile Accidents  |  Aug 3rd, 2017
    Mark Tischhauser, Esq.   Tell your insurance carrier and if you didn't have coverage  - you will need to hire a lawyer at your expense to defend it or file bankruptcy. 
    x
    If I am being sued by someone's insurance company for damage to the other persons vehicle what should I do?
    Answer

    Tell your insurance carrier and if you didn't have coverage  - you will need to hire a lawyer at your expense to defend it or file bankruptcy. 

  • Q
    HI I am renting a apartment my ex moved out on her choice to be with someone else but both names are on lease and she is refusing to pay her half
    Contracts  |  Aug 3rd, 2017
    Mark Tischhauser, Esq.   Then YOU are stuck paying the whole rent for your place. If you don't the LL will likely evict you. You have the roght to sue her for her 1/2 back in theory but its not likely worth the added expense and efoorrt. 
    x
    HI I am renting a apartment my ex moved out on her choice to be with someone else but both names are on lease and she is refusing to pay her half
    Answer

    Then YOU are stuck paying the whole rent for your place. If you don't the LL will likely evict you. You have the roght to sue her for her 1/2 back in theory but its not likely worth the added expense and efoorrt. 

  • Q
    I am being sued for $10,700 and my name was not in the insurances can I fight this?
    Automobile Accidents  |  Aug 4th, 2017
    Mark Tischhauser, Esq.   You probabaly need to contact a bankruptcy lawyer and file bankruptcy. 
    x
    I am being sued for $10,700 and my name was not in the insurances can I fight this?
    Answer

    You probabaly need to contact a bankruptcy lawyer and file bankruptcy. 

  • Q
    I rented an apartment. Received a bill for carpet cleaning.
    Landlord and Tenant Law  |  Aug 4th, 2017
    Mark Tischhauser, Esq.   You have the right to dispute the charge when you get the security deposit notice under Fla. Stat. 83.49. If the landlord insists on th charges one of you will need to sue the other over the $64.00. The LL is betting you won't actually do it. 
    x
    I rented an apartment. Received a bill for carpet cleaning.
    Answer

    You have the right to dispute the charge when you get the security deposit notice under Fla. Stat. 83.49. If the landlord insists on th charges one of you will need to sue the other over the $64.00. The LL is betting you won't actually do it. 

  • Q
    I am a resident of Tallahassee, but own property in MS on which there is a minimally producing oil well. I need assistance with royalty non-payments.
    Landlord and Tenant Law  |  Aug 1st, 2017
    Mark Tischhauser, Esq.   You need a MS lawyer as thats where the well is. 
    x
    I am a resident of Tallahassee, but own property in MS on which there is a minimally producing oil well. I need assistance with royalty non-payments.
    Answer

    You need a MS lawyer as thats where the well is. 

  • Q
    Can my ex husband sue my new husband and myself? He says my new husband wrecked our marriage and he doesn't want our son around him?
    Civil Litigation  |  Jul 27th, 2017