Recent Blog Posts
Do You Need A Florida Revocable Living Trust?
Although the word “trust” are often associated with very wealthy individuals, the truth is that anyone can use a trust as part of their own estate planning. In particular, the revocable living trust is a popular tool for helping to distribute your assets without the need for formal probate after your death. While living… Read More »
How “Factoring Companies” Can Take Advantage Of Personal Injury Victims
Personal injury cases are often resolved with the plaintiff–i.e., the person harmed by the defendant’s conduct–agreeing to what is known as a structured settlement. Basically, this means the defendant purchases an annuity contract that makes periodic payments to the plaintiff. The annuity is managed by a separate company from the defendant (or their insurer)…. Read More »
Does An Erroneous Mortgage Statement Violate Consumer Protection Laws?
The federal Fair Debt Collection Practices Act (FDCPA) and its state counterpart, the Florida Consumer Collection Practices Act (FCCPA) both prohibit creditors from making false, deceptive, or misleading statements “in connection with the collection of a [] debt.” For example, if a creditor sends you a bill falsely claiming that you owe them money,… Read More »
Is A Written Contract Required To Purchase Real Estate In Florida?
As a general rule, it is always a good idea to put any contract or business agreement in writing. It is possible to enforce a purely oral contract in many cases, but it is rarely advisable. For one thing, it is often difficult–if not impossible–to prove two parties agreed to an oral contract in… Read More »
How Clicking On A Website’s “Terms of Service” Means Signing Away Your Legal Right To Sue
Everyone has clicked a checkbox stating they agree to certain “terms of service” when purchasing goods or services online. Most of us never bother to actually read those terms. Unfortunately, these terms often include legal language that affect your rights under state and federal law. And the fact that you did not read these… Read More »
What Is The Difference Between A Void And Voidable Judgment In Civil Litigation?
There are two related but often misunderstood concepts in Florida civil litigation: void and voidable judgments. A void judgment refers to a civil judgment that is inherently defective. Once a judgment is found void, it is as if it never existed at all. A voidable judgment, in contrast, is one that is somehow procedurally… Read More »
Understanding Restrictive Covenants In Florida Employment Agreements
Employment is generally considered “at-will” in Florida, meaning either the employer or the employee can walk away from the relationship at any point without further restrictions. But many employers find it beneficial to sign formal employment agreements with key employees. One reason for this is that Florida law permits such agreements to contain restrictive… Read More »
How Arbitration Agreements Can Bite The Businesses That Draft Them
Many consumer contracts and agreements contain arbitration provisions. These are usually inserted at the behest of a business owner seeking to minimize its own exposure to potential litigation should the consumer have a legitimate grievance. Arbitration often restricts many of the rights consumers would otherwise have in a traditional litigation forum. On the other… Read More »
How Florida Businesses May Be Sued For Firing “Whistleblowers”
Generally speaking, a Florida business can fire an employee for any reason, or even no reason at all. Of course, the law does make a number of exceptions. For example, you cannot fire an employee because of a legally protected characteristic, such as race or sex. You may also be liable if you fire… Read More »
FTC, Florida Attorney General Shut Down Fraudulent “Credit Card Debt Relief” Scheme Based In Orlando
Debt is something that most of us have had to struggle with at one time or another. A sudden job loss or unexpected major expense can quickly throw your finances into chaos. And as the unpaid bills mount, you start looking for any possible solution that may help you catch up. This is often… Read More »