Monday, May 31, 2010

What happens if the borrower I cosigned for doesn't pay?

If the original borrower doesn't pay the debt, you will have to! The creditor may ask you to pay up to the full amount of the debt plus late fees and collection costs not just half. In some cases the creditor may try to collect from you first without trying to collect from the original borrower.Studies show that if the original borrower defaults or fails to pay the loan, 3 out of 4 cosigners are asked to pay the debt.

Monday, May 17, 2010


If you die without a will (this is called dying "intestate"), your property will be distributed to your heirs according to a formula fixed by law. Your property does not go to the State of Florida unless there are absolutely no heirs at law, which is very unlikely. In other words, if you fail to make a will, the inheritance statute determines who gets your property. The inheritance statute contains a rigid formula and makes no exception for those in unusual need.

When there is no will, the court appoints a personal representative, known or unknown to you, to manage your estate. The cost of probating may be greater than if you had planned your estate with a will, and the administration of your estate may be subject to greater court supervision

Thursday, May 13, 2010

How to avoid being a Victim of Auto Repair Scams or Gimmicks

Many of us have felt cheated by auto mechanics at one time or another, while there are many very honest mechanics out there as a consumer you must protect yourself from the many scams. Always use the same mechanic and build a good relationship with them don't use a station or repair shop that you happened to past by unless its an emergency. Be aware of the Florida Motor Vehicle Repair Act, Florida statutes 559.901 through 599.9221. This act requires that a written estimate of the cost of a repair be given to you if your repair will exceed $100.00. Always get a written estimate for any work done on your car and demand additional written estimates if the repairs are to exceed the original figure. You may also demand to be contacted by the attendant or mechanic for your authorization if there is going to be an expense over and above that which is stated in the estimate. You can ask that old parts replaced during the repair be returned to you. The repair facility must tell you whether or not new or used parts are to be used in the repair. All work and parts are required to be itemized on an invoice so you can know the reason for all charges. This law was designed to protect the consumer, so make use of it.

Tuesday, May 11, 2010

I am taking care of my relative's children how can I apply for custody?

Obtaining temporary custody of a relatives children is a very easy process. Chapter 751 of the Florida Statutes allows for grandparents, aunts and uncles, great aunts and great uncles, first cousins, adult siblings, or stepparents to file for a court order granting them temporary custody of the child in their care. The parents must either consent, fail to object, or be proved unfit. The order allows the caregiver to consent to medical treatment, enroll the child in school, and qualify for other
benefits. The order is valid until the child's parents request the court to dissolve the order, and prove they are now able to take care of their child.

You can get all the necessary forms for free at

Practical Legal Advice: Modifying Child Support

If you've ever tried to modify a Child Support Agreement, it can be very challenging.The legal standard for the modification is a substantial change in circumstances. That means that whether you are trying to lower or increase your child support payments you must demonstrate that things have changed a great deal and a decrease or increase is merited. Once you decide to file for a modification you will need to file a petition in court. You can get all the necessary forms at this is the Florida supreme court website. These forms come with instructions and are easy to fill out and are available for free. You can also call your local attorney for Pro Se help these services are available for a fee however, these fees are less than those for full legal services.

Note the hiring of an attorney is a serious decision not to be taken likely if you have any questions contact me at

Monday, May 10, 2010


Yes, you should not stop visitation because of failure to pay child support. Otherwise, you may be held in contempt of court. The proper way to deal with non-payment of child support is to ask the court to hold the non-custodial parent in contempt of court for failure to pay.

Wednesday, May 5, 2010

Practical Legal Advice: Avoiding Repossession

In these tough economic times you may feel that when it comes to having your car repossessed you have run out of options and its inevitable. But even if you are behind on your car payments you can avoid repossession. While a creditor can act in any way allowed by Florida law, repossession is not always their first choice. In many, if not most, instances where a debtor is late on a payment, the creditor will attempt to collect payments instead of repossessing the collateral. In some instances you can negotiate with the creditor and resume payments without further damaging your credit.

This not meant to replace consultation with a lawyer while this information is provided by Carolyn R. Jones a licensed Florida attorney to protect your rights you should always confer with an attorney which is a important decision not to be taken lightly.

Monday, May 3, 2010

Must Have for newly practicing attorneys

Florida Legal Secretary

Do you have someone guiding you there your legal case step by step ? If not you need to buy Florida Legal Secretary by Kathleen Hill. It is the most comprehensive guide you can buy and it is the solo practitioners best friend. It not only comes with priceless information. The companion CD contains well over 100 forms that are ready for use. I use it and it has helped my practice enormously.

Sunday, May 2, 2010

Divorce Do's and Don'ts

There are some rather dear cut rules that apply to every divorce. Pay heed to these rules and your divorce will be easier and less painful for all involved.

Have Reasonable Expectations. You will certainly be disappointed if you expect to “win” on every issue. Rarely is either party happy about every ruling in a case. Even the best rulings leave both parties somewhat dissatisfied. Encourage your attorney to give you a realistic projection of the outcome of your case.

Keep Communication Open With Your Spouse/Ex-Spouse. As long as you have children, you and your (ex-) spouse with have to work together. Your children will suffer to the degree that you and your former spouse cannot cooperate and communicate.

Get Professional Help To Deal With Your Emotions. If you have trouble with the hostility, anger, or depression that often occurs in divorces, do not hesitate to get counseling to help you through it. Use professional help to deal with your hostility. Do not use the court, your attorney, or the system to vent your anger; that would be counterproductive. A good counselor can help you, and your children, get through this difficult time.

Encourage And Support Visitation. If you are the custodial parent, you have a duty to encourage visitation. You must do more than just stay out of the way or leave the choice to the children. Encourage your children to see your former spouse frequently and to enjoy the contact. Never use support or visitation as a lever or bargaining chip in dealing with the other parent.

Give Your Children A Chance. The way you and your spouse handle your divorce will have an enormous impact upon your children. If you argue and fight, their problems and pain will be magnified. By acting civilly, you can help them through one of the most difficult events of their lives.

contact me if you have questions

If you ever have rented an apartment there are a few things you need to keep in mind in order to protect yourself. First always take pictures of the apartment prior to moving in and after you move out. This will protect you if there are any allegations that you damaged the apartment or you left without cleaning it. Even in the nicest and newest of buildings this problem can arise. If there are minor repairs needed make sure you let the landlord know right away so the repairs can be made as soon as possible. Put any requests for repairs in written and keep a copy of this request for your self. Also make sure you left the landlord know your forwarding address this will ensure that you will be able to have your security deposit sent to you. These are just a few things to keep in mind. if you have further questions contact your local neflorida lawyer and I will glad to help.