Law Offices of Randall A. Fischer, P.A. Lawyer | Stuart | Port St. Lucie | Jupiter 772.463.7737 | 561.316.7111
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Welcome to the Law Offices

Lawyer
Stuart, FL

Attorney
Randall A.
Fischer

Welcome to the Law Offices

Lawyer Stuart, FL

Attorney Randall A. Fischer

Lawyer
Stuart FL

I would like to take the opportunity to welcome you to my website. I am an attorney practicing law in Stuart, Port St. Lucie, and Jupiter, Florida. My practice focuses on Bankruptcy, Civil Litigation, Business and Corporate Law, Foreclosure Defense, Real Estate, Family Law and Wills, Trusts and Estates. I am also a Florida Supreme Court Certified Appellate, Circuit Civil, and Family Mediator. I am admitted to the Florida Bar, the U.S. Court of Appeals for the 11th Circuit, the U.S. District Court, Southern District, the U.S. District Court, Middle District, the U.S. District Court, Northern District, the U.S. District Court for the Southern District, Bankruptcy, the U.S. District Court for the Middle District, Bankruptcy, and the U.S. District Court for the Northern District, Bankruptcy.

I believe in the hands on approach when working with my clients. You will find this out when you make your appointment to come and see me. If you are facing a legal dilemma and would like to schedule a consultation, please give my office a call. When you talk me, Randall A. Fischer is my formal name, but most people address me as Randy Fischer, so please feel free to call me Randy.

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Law Offices of Randall A. Fischer, P.A. Lawyer | Stuart | Port St. Lucie | Jupiter 772.463.7737 | 561.316.7111

Schedule a Consultation or send Email

KEY PRACTICE AREAS

Bankruptcy

If you find yourself in debt in Stuart, Port St. Lucie, or Jupiter Fl, and need to discuss your situation with an experienced hands-on Bankruptcy lawyer, give me a call at my Stuart Law office number or call and schedule a free appointment.
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Corporate Law

Incorporating a business and operating a business efficiently requires serious consideration. Randall A. Fischer P.A. provides the legal assistance necessary to make fully informed decisions.
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Family Law

Although most would associate the legal definition of family law dealing primarily with the break-up of a marriage, there are many other areas of practice that fall under this area of practice.
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Foreclosure Defense Florida

Foreclosure Defense

Losing a home to Foreclosure is not something normally considered when purchasing a home. We all know that life is unpredictable and unforeseen circumstances can be overwhelming.
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Probate

Probate is the legal procedure specifically designed to handle a decedent’s estate. There is a fiduciary assigned by the court to handle the affairs of the estate. In Florida, that person is call the “Personal Representative.”
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Real Estate Law

The Law Offices of Randall A. Fischer assist clients with any real estate concern they may have. One of the greatest issues associated with the purchase of any property is making sure you conduct the proper due diligence.
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Wills, Trusts & Estates

Life is unpredictable; it is important to make sure your wishes will be followed in event of a serious injury or untimely death. It is important that your loved ones are properly protected in the event of an unforeseeable event.
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Navigating the Legal System with a Florida Civil Litigation Attorney

Whether you are an individual or a business owner, getting involved in a civil litigation case can be an overwhelming experience. It can be an exhausting process that can drag on for months, if not years. In Florida, the legal system can be confusing and complicated, so it is crucial to have a skilled and experienced Florida Civil Litigation Attorney by your side to guide you through the process. In this blog post, we will discuss the role of a Florida Civil Litigation Attorney and how they can assist you in navigating the legal system.

A Florida Civil Litigation attorney specializes in representing clients involved in civil lawsuits. They can represent the plaintiff, the person or party bringing the suit, or the defendant, the person or party being sued. Civil litigation cases can arise due to a variety of reasons, such as real estate disputes, contract breaches, fraud, negligence, or other claims. Regardless of the reason, it is essential to have a competent attorney who can help you understand your rights and navigate the legal system.

When choosing a Florida Civil Litigation Attorney, it is important to find someone with experience in your specific type of case. Understanding the intricacies of litigation is crucial, and an experienced attorney will be able to advise you on the best course of action. They should also have effective communication skills and be able to explain complex legal concepts in layman’s terms, ensuring that you understand each step of the process.

However, an attorney’s role does not end with representation in court. In fact, most of a civil litigation lawyer’s time is spent conducting research, gathering evidence, and preparing for trial. They will work with witnesses, gather, and analyze data, build a strong case, and negotiate settlements. All this work is done behind the scenes, and it is essential to ensure that your attorney is working efficiently to get you the best outcome possible.

One of the most significant advantages of working with a Florida Civil Litigation Attorney is their familiarity with the Florida legal system. They know the rules and procedures, have established relationships with judges and other legal professionals, and can quickly identify potential problems before they arise. They can also provide a realistic assessment of the case, explain your options, and develop a strategy that aligns with your goals.

Finally, choosing the right Florida Civil Litigation attorney is an investment in your future. While legal services may seem expensive at first, overall, a skilled attorney can potentially save you thousands of dollars. With their assistance, you can avoid costly mistakes, reduce your liability, and protect your assets. In the end, it is beneficial to have someone who can help you achieve a positive outcome.

In conclusion, if you are in Florida and involved in civil lawsuits, do not try to navigate the legal system on your own. It is challenging work, and the stakes are high. A Florida Civil Litigation Attorney can guide you through the process, take the burden off your shoulders, and increase your chances of success. Randall A. Fischer is an experienced Florida Civil Litigation Attorney who can provide you with the necessary legal support you need. For more information, please call Randall A. Fischer, P.A. for a consultation.

Exemptions from Wage Garnishment Florida

Many people in Port St Lucie, Stewart, and Jupiter have been hard hit by the Great Recession. This economic downturn has resulted in a decrease in individual earning capacity. Consequently, many have been unable to pay credit card bills and other unsecured obligations which have resulted in judgements against them. The state of Florida affords individuals some protection against creditors’ collection efforts. Specifically, in situations where the creditor has obtained a judgment and is attempting to garnish the wages and/or bank account(s) of a head of household.

Title XV, Chapter 222, specifically § 222.11 Fla. Stat. (2012) is as follows:

222.11 Exemption of wages from garnishment.—

(1) As used in this section, the term:

(a) “Earnings” includes compensation paid or payable, in money of a sum certain, for personal services or labor whether denominated as wages, salary, commission, or bonus.

(b) “Disposable earnings” means that part of the earnings of any head of family remaining after the deduction from those earnings of any amounts required by law to be withheld.

(c) “Head of family” includes any natural person who is providing more than one-half of the support for a child or other dependent.

(2)(a) All of the disposable earnings of a head of family whose disposable earnings are less than or equal to $750 a week are exempt from attachment or garnishment.

(b) Disposable earnings of a head of a family, which are greater than $750 a week, may not be attached or garnished unless such person has agreed otherwise in writing. The agreement to waive the protection provided by this paragraph must:

1. Be written in the same language as the contract or agreement to which the waiver relates;
2. Be contained in a separate document attached to the contract or agreement; and
3. Be in substantially the following form in at least 14-point type:

IF YOU PROVIDE MORE THAN ONE-HALF OF THE SUPPORT FOR A CHILD OR OTHER DEPENDENT, ALL OR PART OF YOUR INCOME IS EXEMPT FROM GARNISHMENT UNDER FLORIDA LAW. YOU CAN WAIVE THIS PROTECTION ONLY BY SIGNING THIS DOCUMENT. BY SIGNING BELOW, YOU AGREE TO WAIVE THE PROTECTION FROM GARNISHMENT.

(Consumer’s Signature) (Date Signed)

I have fully explained this document to the consumer.

(Creditor’s Signature) (Date Signed)

The amount attached or garnished may not exceed the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673.

(c) Disposable earnings of a person other than a head of family may not be attached or garnished in excess of the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673.

(3) Earnings that are exempt under subsection (2) and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings. Commingling of earnings with other funds does not by itself defeat the ability of a head of family to trace earnings.

If you find yourself facing a debt situation which you are unable to resolve, it is important to seek legal assistance. I have clients in Stuart, Port St. Lucie, Fort Pierce, Vero Beach, and Jupiter and have offices in Stuart, Port St. Lucie and Jupiter. If you have any questions, call my office in Stuart to arrange a free consultation.

Navigating the Legal System with a Florida Civil Litigation Attorney

Discover the crucial role of a Florida Civil Litigation Attorney in navigating the legal system. Whether you’re an individual or a business owner, learn how an experienced attorney can guide you through civil lawsuits, provide valuable insights, and increase your chances of success. Contact Randall A. Fischer, P.A. for a consultation.

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Discharging HOA fees?

Discharging HOA Fees? Filing for Chapter 7 Bankruptcy in Stuart, Port St. Lucie or Jupiter, Florida. Many of the neighborhoods in Stuart, Port St. Lucie

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Law Offices of Randall A. Fischer, P.A.

2100 SE Ocean Blvd, Ste 203 Stuart, FL 34996

United States

Randall A. Fischer, P.A.

725 SE Port St Lucie Blvd #206 Port St Lucie, FL 34984

United States

Randall A. Fischer, P.A. Law Office

1080 E Indiantown Rd #104 Jupiter, FL 33477

United States

Discharging HOA Fees? Filing for Chapter 7 Bankruptcy in Stuart, Port St. Lucie or Jupiter, Florida. Many of the neighborhoods in Stuart, Port St. Lucie and Jupiter Florida have homeowners associations (HOA’s). HOA fees and assessments are attached to the owner of the property. If you file for a Chapter 7 Bankruptcy and decide to surrender your home, you are surrendering your financial obligations under the note and mortgage. You are not surrendering the title to the property. The financial obligations you have to the HOA continue to accrue after you file for bankruptcy up and until the property is deeded out of your name through foreclosure or deed-in-lieu. The Chapter 7 Bankruptcy discharge does not discharge future obligations to the HOA. It is easy to see how this can be confusing. When you closed on your property, you received a deed which was secured by the mortgage and the promise to pay (the note). When you discharge your financial obligation to make the payments through a Chapter 7 Bankruptcy, the title is still in your name until the security interest is exercised through foreclosing on the mortgage. The foreclosure process is not an overnight process. While your property is going through the foreclosure process, the HOA fees are still your responsibility. When you file for Chapter 7 Bankruptcy and live in an HOA keep this in mind. If possible, attempt to contact your lender and see if they would be willing to accept a deed-in-lieu of foreclosure in order to mitigate these fees.

Navigating the Legal System with a Florida Civil Litigation Attorney

Discover the crucial role of a Florida Civil Litigation Attorney in navigating the legal system. Whether you’re an individual or a business owner, learn how an experienced attorney can guide you through civil lawsuits, provide valuable insights, and increase your chances of success. Contact Randall A. Fischer, P.A. for a consultation.

Read More »

Discharging HOA fees?

Discharging HOA Fees? Filing for Chapter 7 Bankruptcy in Stuart, Port St. Lucie or Jupiter, Florida. Many of the neighborhoods in Stuart, Port St. Lucie

Read More »

Law Offices of Randall A. Fischer, P.A.

2100 SE Ocean Blvd, Ste 203 Stuart, FL 34996

United States

Randall A. Fischer, P.A.

725 SE Port St Lucie Blvd #206 Port St Lucie, FL 34984

United States

Randall A. Fischer, P.A. Law Office

1080 E Indiantown Rd #104 Jupiter, FL 33477

United States

As I am writing this post, always consider cost/benefit analysis. If the cost of the review is not in line with the liability or benefit of the contract, then it is up to you as to whether the cost of the review justifies the cost of having an attorney review it. Notice that I mentioned benefit and liability. Contracts are a two-way street. What may look like a wonderful opportunity may be laden with hidden pitfalls. Further, these pitfalls are based upon performance or nonperformance issues that were included in the contract, but really something that was not anticipated.

Disparity Between the Contracting Parties

In the ideal world, the contracting parties are on an equal footing. However, in today’s business world, this is usually never the case. One party will have a stronger position than the other. This is true for any activity such as hiring a contractor for home repair or purchasing a franchise. In both cases one side conducts the activity as part of its daily operations, while the other party may only interact with the documents/contracts associated with the transaction a couple of times in their lives. The terms, acronyms, insurance requirements, performance obligations, liquidated damages provisions, costs, terms for default and breach, attorney fees, arbitration provisions or other settlement requirements… is endless, overwhelming, and unfamiliar.

The party that prepares the contract is setting forth the terms. They set the agenda and, because they have done this before, they know where the pitfalls are. What happens if there is a supply-chain issue, a worker shortage, Force Majeure, does the contractor have a remedy. Is the remedy nonperformance and a forfeiture of a deposit as liquidated damages for contractually stated unforeseen circumstances. What about an installment contract that is front loaded with payments? If you are the customer counting on the final performance to complete a project, is it better to be holding 5% of the funds or 25% of the funds? Disparity contracts will usually be front loaded.

What can be done in these circumstances where there is such a disparity? First, if it does not look good, DO NOT SIGN IT! Contract representatives will use soft and hard sell practices to get a contract executed. Verbal statements like: “That is just standard language.” Or “We put that in all of our contracts, but we never do that.” Or “We wouldn’t be where we are today if we did that to our customers.” If any of that is true, then request the contract representative to remove the questionable language. Verbal statements concerning a written contract do not hold up well, especially when within the contract it states that all their terms between the parties are reflected in the contract and any changes to the terms of the contract must be in writing.

As I dawdle on, bear in mind that there are other contractual mechanisms subtly pressing upon the disparate party. The use of cross references within long contracts, referencing definitions, exceptions, and exemptions can make otherwise clear language extremely confusing. For example, homeowner’s insurance policies are typically fraught with a myriad of exceptions, exemptions and definitions that limit coverage. This coupled with the Sominex factor (length, legalese, and font of a contract too difficult to focus on for more than 15 minutes) can wear-down the most impressive business professionals. This is intentional and the devil is in the details, which in this case means, do not blind sign. Get a lawyer to review it first.

If you need help in drafting, reviewing, or have a dispute concerning a contract matter, please give me a call.

I appreciate you taking the time to read this post. I am thinking about writing more posts concerning issues with contracts. I hope this helped. Thank you!

Law Offices of Randall A. Fischer, P.A.

2100 SE Ocean Blvd, Ste 203 Stuart, FL 34996

United States

Randall A. Fischer, P.A.

725 SE Port St Lucie Blvd #206 Port St Lucie, FL 34984

United States

Randall A. Fischer, P.A. Law Office

1080 E Indiantown Rd #104 Jupiter, FL 33477

United States