Get free answers to your legal questions from lawyers in your area.
I experienced a total loss of my vehicle, but my gap insurance is refusing to pay the claim because I filed it a year later. I initially thought the dealership would handle it automatically with the credit union that financed my car, as they didn't instruct me about the process. Now, the... View More

answered on Jun 19, 2025
The gap insurance carrier is a completely separate company from the dealership, and the dealership is not your agent. The way to address the situation is to bite the bullet and contact the law firm that filed the lawsuit (or the credit union directly if the credit union filed the lawsuit on its... View More
I need advice on helping my son, who was recently evicted in Pensacola owing a significant amount of rent. All his debts are in Pensacola, and he has not faced any legal action yet. I am considering bankruptcy as a way to manage his debts. He is currently living with me in Robertsdale, Alabama.... View More

answered on Jun 16, 2025
You can help him by helping him find a bankruptcy attorney who is admitted to the US Bankruptcy Court for the Northern District of Florida. If your town is close to the Fla/Alabama line, you can look in both Florida and Alabama. I don't recommend filing bankruptcy without an attorney.
I'm inquiring about the responsibilities of a newly appointed personal representative regarding filing accounting and inventory. Following the resignation of the previous personal representative, who never filed an accounting and didn't account for $30K listed in the inventory, the new... View More

answered on Jun 14, 2025
When there is more than 1 beneficiary, the PR MUST be represented by an attorney per Florida law. All questions regarding this issue MUST be directed to the PR's attorney. But take note - the attorney does not represent any beneficiary, only the PR in the PR's capacity as PR. If a... View More
My rental agreement is up for renewal in July, but my landlord usually starts posting renewal reminders on the door in early June. I've lived here for 9 years and typically sign the lease within the first two weeks of June. This year, after setting an appointment for June 10th to sign my... View More

answered on Jun 11, 2025
Legal. This is a business decision that is very smart on the landlord's part. Once your daughter turns 18, she is a legal adult. That changes the nature of your lease from "mom and dad and child" to "3 adults" living in the apartment. You may not see it that way at all, but... View More
I live in Florida and have been living with an emotionally abusive man for five years. We have no written tenancy agreement, but I paid rent weekly in cash until he first attempted eviction by falsely claiming I was a squatter. He refuses to write me receipts or accept electronic payments, and... View More

answered on Jun 10, 2025
The way to "manage the situation" is for you to leave. Find someplace to go. Staying with someone who is abusive and destroys your property is ridiculous - any place is better than living in fear. There are shelters, etc. At some point your physical safety and mental health is much more... View More
I have a court order to pay money I owe my ex-wife. Although I've been mostly on time with payments, I've missed a few months due to lack of work. I'm currently employed, but my ex-wife's lawyer wants to issue a body attachment due to these late payments. Previously, I was... View More

answered on Jun 6, 2025
Contact the attorney with a solid repayment plan. You MUST make the court-ordered payments; there's no getting around the court order. (Of course it went to your ex-wife.) Set aside your feelings about your ex; this is a legal obligation. Get on with it.
I am concerned about certain aspects of National Debt Relief Programs. Specifically, I would like to understand whether these services are genuinely effective or if they are potentially fraudulent. Could you provide insights or legal perspectives on what to watch out for when considering these... View More

answered on Jun 5, 2025
I have yet to run into one that's fraudulent, but not all of them are effective or efficient; and none of them can promise you that a given creditor will work with them. In my opinion, there is nothing these guys can do for you that you cannot do yourself, but many people, particularly folks... View More
I got a divorce in 1999, and my ex-husband purchased a home in 1997 while we were still married. He recently passed away, and before his passing, he remarried. Do I have any rights to that property, considering the circumstances?

answered on Jun 5, 2025
The division of your home should have been addressed in your divorce decree. Assuming that he retained sole title to the house after your divorce, you would not be entitled to it. However, you can always take your divorce decree and any other documents to an attorney in your town for a second, and... View More
I cosigned a car loan, and the primary borrower has defaulted. Despite communicating with the lender about options to remove myself and exploring refinancing, the loan company is now suing me due to the default. This has severely impacted my credit score and financial status. How can I legally get... View More

answered on Jun 3, 2025
Other than filing bankruptcy, you can't. You co-signed, which means you accepted full responsibility for every payment to the lender, regardless of any agreement that you had with the other signer. You are on the hook at much as the other signer, and they don't have to come after him if... View More
I am facing a complex situation at my church where the former Pastor, due to adultery, has not yet been reinstated because of opposition by members, including myself as the Vice President of the Board. His spouse, the acting Pastor, barred me and my family from entering church premises without due... View More

answered on May 19, 2025
There is no "due process" with non-governmental entities, nor are there violations of your right of association and religious freedom. These are rights which protect you against the government, not private entities like your church. What you describe are basically issues of contract law;... View More
I was involved in a car accident and am currently in a lawsuit related to it. I'm concerned about whether my lawsuit winnings can be used to cover my child support payments, as I have been ordered to pay child support but am behind on payments. Can my child support obligations affect the... View More

answered on May 14, 2025
Your settlement payment does not flow through the Child Support Depository in your county or in Tallahassee. Nowif there is any sort of lien on the settlement proceeds placed by the State or the other party, then yes, that lien would have to be satisfied before your settlement could be disbursed to... View More
In a collections lawsuit, a defense lawyer reached out to me via email, offering to represent me. They mentioned this lawsuit from Wells Fargo, although I haven't received any official court documents. They included reference numbers but I don't know where to check to confirm if the... View More

answered on May 13, 2025
Collection defense lawyers do this all the time, everywhere. Whether its appropriate to do so by e-mail, I don't know. Washington State rules of professional conduct may permit it. You should be able to look up your name in your county clerk's website. Look for Court records, or something... View More
I received a cease and desist letter from my HOA attorney, stating that my tenants have been smoking marijuana, affecting other homeowners. Other homeowners have mostly made verbal complaints, with one formal written complaint. My lease does not specify terms regarding smoking or drug use. I have... View More

answered on May 8, 2025
yes, you should share the notice to your tenants. There's no privacy concerns. As the owner of the unit, you are the one whose life the HOA can make most miserable, and financially difficult. It makes no sense to not cooperate with the HOA.
In my civil slip and fall case, the appeal was affirmed and I lost without ever having a trial. I'm looking for specific guidance on what options I have next in terms of legal actions or pursuing compensation. Could you advise on possible errors in the appeal process and whether seeking a... View More

answered on May 6, 2025
There is no trial in an appeal. An appeal is not a second trial or a chance to introduce evidence. Unless your case presents novel theories under Florida law, it's a slim bet that the Florida Supreme Court would take your case. The only way for you to know is to retain an appellate attorney.... View More
In a civil case in a Florida magistrate court, I am worried about sharing evidence before the trial. Are there specific requirements to disclose evidence to the opposing party or their lawyer before the court hearing?

answered on May 4, 2025
There is no such thing as a Florida "magistrate court". Your case was referred by the judge in your case to his or her magistrate.
You were most likely sent a Case Management Order. It will be docketed, so you can look it up online. You must follow the requirements of the Case... View More
I am the co-signer on an auto loan, and the primary borrower has missed 14 payments. As a result, I am now responsible for making the car payments to avoid further financial consequences. What legal options or actions can I take given this situation?

answered on Apr 30, 2025
Legal action as far as who? You have no recourse against the lender. You may have a legal recourse against the other borrower if, as a general rule of contract law, you can prove there was an agreement between you two that the other borrower would be responsible for the payments and would hold you... View More
My mother had a massive stroke, which I believe was due to neglect by her boyfriend, who is now under investigation for abuse. She is currently in a nursing home. A few years ago, she added him to the deed of her property. However, I have paperwork indicating that her will states that one property... View More

answered on Apr 24, 2025
There's no such thing as protecting your rights outside of the legal system. **you need a lawyer asap.** If she added him to the deed of the property "meant for you", you are likely out in the cold. She could leave you a million dollars in her Will, but if she had only a dollar at... View More
I signed a lease for an apartment on April 1, 2025, and moved some possessions in on April 5th. That evening, a fire rendered the apartment uninhabitable, which the leasing office acknowledged. I was offered to terminate the lease or wait for repairs. When I opted to wait, I was later told I needed... View More

answered on Apr 23, 2025
Sounds like you owe the rent April 1 - April 5, at a minimum. If you elected to wait, your lease remained in effect. Apparently upon closer inspection, it was determined that you could not wait - the damage was too severe, and the lease terminated then. Perhaps that's 2 weeks between April 5... View More
I was awarded money by a judge from a civil suit, but I don't know how to get the other party to pay me. I haven't contacted them yet. They own a roofing company in Dallas. The judgment did not specify a deadline or instructions on how payment should be enforced. I'm considering... View More

answered on Apr 22, 2025
It is not the Court's job to tell you how to collect the judgment, but you are on the right track. Since the judgment is entered in Louisiana but your defendant is in Texas, you will need to make the Louisiana judgment into a Texas judgment. The way that you do that is to hire an attorney in... View More
I was late with my rent payment by 4 days due to an issue with automated payment processing following a new lease recertification. My lease allows for a 6-day grace period. I haven't received any written notice but was verbally warned about potential eviction. Can I be legally evicted in... View More

answered on Apr 22, 2025
Yes. Your rent is due when its due. The grace period applies to the imposition of late fees. Most landlords are not going to whack you on an eviction for being late once and you pay within the grace period, if you've otherwise been a good tenant.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.