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Author Archives: Jay Butchko

ConsumerData

Can Debt Collectors Give Out Your Personal Information To Third Parties?

By Moran, Sanchy & Associates |

The Fair Debt Collection Practices Act (FDCPA) is an important federal statute that protects your rights as a consumer. The FDCPA is basically designed to stop debt collectors from engaging in certain abusive practices when dealing with consumers. One of these protections is that, except under very specific circumstances, a debt collector is not… Read More »

Foreclosure7

The Risks Of Defending Yourself In A Mortgage Foreclosure Lawsuit

By Moran, Sanchy & Associates |

If you are facing a possible mortgage foreclosure, there are a number of legal options available to you if you want to try and keep your home. The important thing is that you seek out qualified legal advice from a reputable Brandenton mortgage foreclosure defense lawyer. What you should not do is attempt to… Read More »

EstatePlanning3

Can I Make A Video Will And Upload It To YouTube? Is That Valid Under Florida Law?

By Moran, Sanchy & Associates |

Under Florida law, a last will and testament must be in writing and signed in the presence of at least two witnesses. These requirements are strictly enforced by the courts. To put it another way, a will is not something you want to “experiment” with. For instance, you should not videotape a will and… Read More »

Eviction3

How Florida Law Can Cripple A Tenant’s Possible Defense To An Eviction Proceeding

By Moran, Sanchy & Associates |

When a Florida landlord initiates an eviction proceeding–i.e., files a lawsuit for “possession of real property”–the tenant must pay any unpaid rent allegedly owed into a court-supervised registry. If the amount is in dispute, the tenant can ask the court for a determination of rent. But unless the tenant’s defense is that they actually… Read More »

BusPlan

Will My Company’s “Business Interruption” Policy Cover Losses Related To COVID-19 Restrictions?

By Moran, Sanchy & Associates |

The COVID-19 pandemic has forced the temporary or permanent closure of many Florida businesses. Indeed, even the best-managed company has faced unprecedented challenges over the past two years. And many firms have looked to their own insurance policies–specifically those protecting against loss of income or “business interruption”–to try and make ends meet. Unfortunately, such… Read More »

Litigation2

What Happens After An Arbitrator Decides A Civil Dispute?

By Moran, Sanchy & Associates |

Many businesses prefer arbitration to litigation for resolving potential disputes with customers. To that end, many business contracts that customers are asked to sign include binding arbitration clauses. This means that instead of suing the company for breach of contract, the customer must submit to arbitration. The arbitrator’s final decision–known as an award–is binding… Read More »

Probate5

What Happens During The Probate Of A Florida Estate?

By Moran, Sanchy & Associates |

You may have heard the word “probate” used by estate planning lawyers without actually knowing what it means. In simple terms, probate is a court-supervised process for gathering and distributing the assets of a deceased individual. Put another way, probate is the administration of a person’s estate. The Goals of Probate Probate actually has… Read More »

ConsProt2

Supreme Court Rejects Claims Against TransUnion Over Credit Reports That Falsely Flagged Consumers As “Terrorists”

By Moran, Sanchy & Associates |

A credit report is a written document that contains sensitive information about your credit activity, such as how much credit you have and whether you make your minimum payments on time. There are three main credit reporting agencies in the United States, all of whom are subject to the federal Fair Credit Reporting Act… Read More »

ForeclosureD

Does The Bank Have To Pay My Legal Fees If I Beat Their Foreclosure Attempt?

By Moran, Sanchy & Associates |

It is not uncommon for a consumer contract to contain a “unilateral attorney’s fee provision.” Basically, this means that the other party has the right to demand you pay their legal fees if they are later forced to sue you for failure to meet your contractual obligations. To help level the playing field, however,… Read More »

BreachContract2

How Do “Liquidated Damages” Work In A Breach Of Contract Lawsuit?

By Moran, Sanchy & Associates |

Business contracts depend on the good faith of both parties to perform their respective obligations. Of course, good faith is not always enough. If a breach of contract occurs, the non-breaching party will likely suffer some measure of legal damages. To address such contingencies, many contracts include a liquidated damages provision. In its simplest… Read More »