A proposal for settlement in Florida can be filed by either party to a lawsuit. Section 768.79 of the Florida Statutes provides for the proposal for settlement, a/k/a offer of judgment. Proposals for settlement are most often used in personal injury cases; however, they can be utilized in other cases as well. The proposal itself…
Landlords often make the mistake of not considering whether they need to provide their former tenants the security deposit notice required under Florida law after the tenants are evicted. It is rare that anything happens to the Landlord as a result. The reason seems to be that once a tenant is evicted, they may think…
On Friday, June 7, 2013, Governor Rick Scott signed The Florida Fair Foreclosure Act, which made many substantive changes to how foreclosures must be conducted in the state. One of those changes affected the statute of limitation regarding the bank/lender’s ability to pursue deficiency judgments after a home is sold through a foreclosure auction. What…
Generally speaking, the lease terms cannot be unilaterally changed before the lease expires. However, when the lease is up for renewal, either of the parties may choose not to renew, or to change the terms. If the lease is month to month, each month is a new lease. Therefore the landlord may change the terms…
1. Mediation is intended to be a non-adversarial process to resolve issues without further Court involvement. Mediation is not intended to mimic the often adversarial process you see in court. In all actuality, often enough the purpose of mediation is simply to get the parties to communicate in the hopes of coming up with some…
The Florida Consumer Collection Practices Act (FCCPA) prohibits debt collectors from using certain types of abusive, deceptive and misleading debt collection tactics. The FCCPA is in addition to the protections provided by Federal debt collection law and may provide greater protection to Florida residents, as well as ways for you to collect money from your harassers! Section 559.72 of…
The Consumer Financial Protection Bureau (CFPB) recently reported that 3,428 consumers filed CFPB complaints against debt collectors in March 2014 and nearly 1,200 filed lawsuits. That’s all in one month. Many might be surprised to know that complaints from Florida were near the top of the list. Florida ranked only behind California in the number of…
One of the most unfortunate situations is where the relationship breaks down between friends, or even family members, which results in the need to have the person removed from your home. Many people make the costly mistake of filing an eviction to have the person or persons removed. However, eviction is not allowed under Florida…
If you get sued for an accident where you did not have insurance, where you think it was your fault or not, you need to consult a skilled lawyer handling auto accident claims in Orlando to determine your rights. This process can be very involved and is difficult to handle on your own. These cases…
So you have litigated your case in Florida and you are victorious! Now what? The judge has signed a final judgment awarding you money; however, that judgment is worth less than the paper it is written on unless you are able to collect on it. Unfortunately, all too many times, the person or company that…