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- By Randall
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.
- By Randall
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.
Exemptions from Wage Garnishment
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
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
Contracts and Why You Need Attorney Review
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
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
- By Randall
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.
Exemptions from Wage Garnishment
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
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
Contracts and Why You Need Attorney Review
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
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
- By Randall
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!
- By Randall
Charge-offs!
So often, clients are surprised when they receive a summons and complaint in the mail for a credit card debt that has been charged-off. They call and want to know how and why they are being sued. Sometimes they mistakenly believe the summons and complaint are a letter. Don’t make that mistake.
Here are some of the questions I often hear and, hopefully, some helpful answers.
How come I am being sued for a debt that has been charged-off. I thought once they charged it off I didn’t owe the money anymore. Also, why is the charged-off debt still on my credit report? And, does a charge off hurt my credit score?
A charged-off debt is an accounting practice by the creditor and does not affect your obligation to pay. The creditor has determined they can no longer keep the debt as an asset in their accounts receivable and has charged-off the debt. This does not affect your obligation to pay the debt. Often the debts are sold to third parties who will attempt to collect the debt. First via collection companies and then, ultimately, they may file a law suit to collect the money owed.
The reason the charge-off is still on your credit report is because the change in status is not a reflection of any activity you have taken, but reflects the activity of the creditor. I have no idea how the rumor started that debts, once charged-off, became noncollectable and were simply removed from your credit report, when the opposite is true.
Further, because a charged-off debt indicates poor credit behavior (i.e. long term nonpayment of a financial obligation). It can have a damaging impact on your credit score. It indicates to creditors an unwillingness to make payment arrangements with past due accounts. So, for example, if a person is looking for an apartment and property manager requests a credit report, the report will indicate any charge-offs and the potential tenant’s payment history for other lines of credit. If the performance is poor, the application will most likely be rejected.
This has a negative impact on your credit score, which can affect the interest rates you qualify for when borrowing money and insurance rates.
I appreciate you taking the time to come to my website. I hope the information has been helpful. If you are facing a difficult financial situation and need legal assistance, please give my office a call.
- By Randall
Can I keep my car if I file for Bankruptcy?
Bankruptcy Port St. Lucie, Stuart, Jupiter FL
I have had this question come up from clients in Port St. Lucie, Jupiter and Stuart. There is always a tremendous concern regarding whether or not a client can keep their car when they file for bankruptcy, specifically chapter 7 bankruptcy. “How am I going to get to work?” is the biggest concern.
First, it is important to understand that not everyone qualifies to file for a Chapter 7 Bankruptcy. You must be able to pass the means test.
If you are able to pass the means test, then we can determine whether or not you can keep your car. It isn’t a black and white yes or no answer. It depends on your financial circumstances, your available exemptions, and how your vehicle is titled.
If you lease your vehicle, you have no equity in the vehicle and can keep your car, subject to the lease. However, if the lease is putting a strain on your financial position, the car can be surrendered and the lease discharged in the chapter 7 bankruptcy.
If you own your car with no liens and the vehicle is worth $5,000.00 (Kelly Black book Value) for example, then it depends upon what exemptions are available. For example, if the debtor had a homesteaded property they wanted to keep. Then they only would have $1,000.00 in exemptions for personal property and $1000.00 automobile exemption here in Florida. If no other property was protected and the exemptions were both applied to the vehicle, we would still have a $3,000.00 deficiency. This could either be negotiated with the trustee or the trustee could liquidate the vehicle to collect the deficient amount.
If the debtor is financing, the value of the vehicle still comes into play as well as a determination of the equity in the vehicle. If the debtor owes more than the vehicle is worth, then there is no equity for the Trustee to attach. If the vehicle is worth more than the lien, the equity can be either protected with exemptions if they are sufficient, negotiated with the trustee for payment or the vehicle can be liquidated.
If it is a married couple filing, the application of exemptions depends upon title to vehicle, financial circumstances, and priorities of the couple. If a vehicle is titled solely in the other party’s name, exemptions from the other spouse cannot be applied to that vehicle.
It is important to consult with Bankruptcy attorney. Assets, which could have been otherwise protected, may be forfeited due to poor preparation, improper planning, and incorrect application. If you are in financial distress or considering Bankruptcy and live in Port St. Lucie, Stuart, Jupiter or West Palm Beach FL, please give my office a call.
- By Randall
Should I File Bankruptcy Before Or After I Am Divorced?
Divorce used to be four letter word. There was a social dishonor attached with the concept of divorce. With the divorce rate hovering around 50% for first time marriages, and even higher rates for second and third marriages, social acceptance of the process is more the norm. That being said, a change in a marital situation, changes in living circumstances and the financial hardships associated with bankruptcy create an extremely stressful set of life circumstances. Taking on these major life changes all at once should be the first concern for both parties before considering adding a bankruptcy to an existing stressful situation. Whether or not bankruptcy makes economic sense might be of little concern if it is the straw that breaks the camel’s back in terms of the sanity of either party.
Filing Bankruptcy Before Divorce Generally Makes the Most Sense
If both parties are secure and there is an amicable or reasonably amicable divorce on the horizon, then it boils down to overcoming another socially charged determination by both parties, whether or not to file for Bankruptcy.
In light of the “Great Recession” and the tremendous economic downturn, the stigma associated with filing bankruptcy has lessened substantially. Coming to terms with the economic realities of the times here in Florida (i.e. high unemployment and high rates of foreclosure), have sharply reduced critical opinion. Bankruptcy may be the only solution and the fresh start needed for couples going through a Divorce.
Determining whether to file for bankruptcy before divorce is dependent upon several factors and whether you are considering Chapter 7 or Chapter 13. Some of these factors are amount of debt, debt distribution, type of debt, timing, income, and assets. It is important to consult with a bankruptcy attorney to determine the appropriate legal strategy.
In general, filing for bankruptcy before filing for divorce may make the most sense. It would be an efficient means to rid the debt which would later be distributed between the parties and subject to the terms of a divorce. A chapter 7, if available, could liquidate the debt of both parties. This could simplify the divorce. It is, therefore, very important to consult with a Bankruptcy Lawyer.
The means test is also an important consideration if you are considering filing for Chapter 7 Bankruptcy. Whether or not a debtor(s) can file for chapter 7 is contingent on their income. If a debtor couple’s income is too great together, it may be more advantageous to file for bankruptcy separately.
Each situation is different. The only way to know what would be the most advantageous for you would be to consult with a Bankruptcy attorney first. If you live in Stuart, Port St. Lucie, Jupiter or West Palm Beach and have questions, please give my office a call.
- By Randall
Attorney Document Review: Ounce of prevention is worth a pound of cure!
An ounce of prevention is definitely worth a pound of cure. If you live in Port St. Lucie, Stuart or Jupiter Florida and are considering entering into a reasonably complex business deal, a real estate matter, a complex contract or an situation in which you may potentially increase your personal liability, it is wise to have an attorney review the documents involved and advise you as to the potential liability before signing any paperwork. I am a Lawyer serving Stuart, Port St. Lucie, and Jupiter, Florida and have a number of clients that either did not know what they signed, did not review what they signed or listened to a verbal summary of an agreement of what they ultimately signed and then were surprised when they found out the contract was not what they thought it was.
It is important to understand the potential liability before it is too late. It is much easier to say no before you sign then after. Once you agree, you may be on the hook for much more than you bargained. It is wise to have any complex contract reviewed, prior to executing. Know what you are signing and understand the potential consequences.
For example, this is a scenario which could happen by cosigning for line of credit. Friend B asks friend B to co-sign for a business contract. The terms include an increasing line of credit and personal liability. There are also clauses within the contract which give the creditor latitude in some of the terms of the contract, an indemnification clause for any equipment malfunction and a built in attorney’s fee clause, late fees and additional charges, penalties and interest for late payments and breach. Friend B is starting the business and asks friend A to co-sign on the start-up line of credit with the supplier, which is only $5,000.00. Friend A signs thinking well it is only $5,000.00. As part of this contract, the supplier also provides equipment to service the product supplied. The supply contract is for 3 years. Friend A and Friend B have known each other for 5 years and according to friend A, friend B is upstanding and good for it. A year and a half later friend A and friend B have a falling out and aren’t speaking. A year after that, there is a fire caused by the equipment provided by the supplier, which burns down the building B is renting. Over the last 2 and a half years B has extended the line of credit (which was provided for in the contract) to $50,000.00. The inventory was consumed in the fire and B has no insurance. B is now out of business and files for bankruptcy. What about Friend A? Where does he stand?
The stories are endless. I only cosigned for $5,000.00. They told me I was not responsible for those fees. I don’t know what it said…I did not read it or I couldn’t understand it. Attorney Review: Ounce of prevention is worth a pound of cure!
If you need a lawyer to review documents in Stuart, Port St. Lucie or Jupiter, Florida, please give my office a call.
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
- By Randall
When is the right time to prepare your Will or to consult with an Attorney regarding your estate planning?
The answer to this question is, Now. However, there are always reasons clients have put this off. But this is not one of those timing issues. However, I have spoken with many people about this very topic and there are many reasons why people will put-off preparing a Will or even discuss Estate planning. There is the harbinger of death school of thought. The reasoning behind this theory is that if a person prepares for their estate, then the grim reaper will come knocking on their door. Although, I have had situations when I have prepared last minute estate planning documents just before someone with a terminal condition passed, this very rarely occurs. Further, we have had requests to prepare documents, when it was too late. Family members contact our office requesting that estate planning documents be prepared, including a Durable Power of Attorney, and the individual that needs the documents does not have the requisite mental capacity to execute the documents.
Another reason I have heard from clients is: “I’m fine now so I don’t need it now.” But this is exactly why should address your Will and other Estate Planning. You are fine. You are clear headed. You can make sound decisions. Yet, when you do not feel well, when you are in pain, when you are in an emotional struggle, you are in a much worse position to address these particularly important decisions. Further, if something severe should happen, impairing your ability to understand what you are doing and therefore, you would not be able to execute those documents which you might desperately need.
Another reason client’s put off estate planning is because they are not certain they know who should receive what; that things will change in the future; and, therefore, now is not the time to make these permanent decisions. Guess what, these documents can be amended (unless it is an irrevocable trust). Wills can be destroyed and rewritten, codicils can be added, beneficiaries changed, Durable Powers of Attorney changed and revoked. Estate Planning can be a very fluid process and can change with you and your needs.
So, when should you make the appointment. If you have found this web page, then you know my answer. Call my office and schedule the appointment.
I appreciate you taking the time to read this post.
Thank you and I look forward to hearing from 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
