Contempt or Small Claim??
My final judgment in 2001 awarded a vehicle to each of us and to hold harmless the other from debt related to the vehicle (both cars were in both our names). Unknown to me, at the time my ex signed, she was already 4+ payments behind on her car and it was repo’d a few months later. I contacted her and asked her to pay the debt but she refused. Subsequently, my credit is terribly tarnished and I have received a horrible interest rate on a car purchase. Recently during a home purchase I was forced to pay off the remaining balance on this/her vehicle debt and related repo fees in order to proceed with my financing. I want the money back (~$2,000).
I contacted my attorney about representing on this matter as contempt (she failed to maintain the payments and to hold me harmless)-he advised me that I could file a ”motion for entry of judgment” on my own and save attorney costs, therefore get more money back.
My question is: Would this be done in Family Court as a contempt to the current order? Would my current attorney need to withdraw if I appear on my own for this motion? Is/can this be treated as seperate matter from Family Court and be heard in Civil Court as a small claim for breach of contract? My ex will have her attorney.
Tag Archives: Florida
Unrecorded Indenture in Joint Dismissal Several years ago I agreed to jointly…
Unrecorded Indenture in Joint Dismissal
Several years ago I agreed to jointly dismiss w/prejudice a lawsuit I filed against condo developer and Association. My wife and I signed a separate Indenture to never sue or interfere with development again but indenture does not appear recorded in Official Clerk Records w/dismissal order. We signed multiple copies prior to defendants and now same developer threatening to sue us again, citing Indenture agreement for asking questions as unit owners with regard to maintenance, budget items, etc. Their copy appears to have modified language with liability and indemnity over and above what we orig. signed, but no way of proving it was added after we signed as Plaintiffs. I sued pro se, no attorney-could not afford. Is this separate Indenture agreement which appears unrecorded in Clerks Official records enforceable if Developer sues me for breach? I tried to limit indenture to any further similar civil actions, but language added says anything in future. I now know Condo ownership is like boat ownership. Best 2 days! Thank you.
cable tv descrambler box I am involved in selling the cable descrambler boxes…
cable tv descrambler box
I am involved in selling the cable descrambler boxes in the state of florida. Federal law states that it is legal to sell and possess these units as long as its not with the intent to steal cable tv signals. I have my customers sign a hold harmless indicating that it is illegal to steal cable and that it is there responsibility to notify the cable company of such use and that we are selling these units to take advantage of the special features no more rental fees or payment for damaged rented equipment. I never advertise that it is legal or ok to use without paying for the cable service. Am i covered with the hold harmless? I was unable to find any laws in Fl pertaining to this. You help would greatfully be appriciated.
80 year old Can’t Get her Big Inheritance Without Indemnifying the Trustee -…
80 year old Can’t Get her Big Inheritance Without Indemnifying the Trustee – Sho
My 80 year old aunt was left a good deal of money from a friend’s trust (the friend lived in Florida, and died March 2001). She’s supposed to get money both from a specific bequest, as well as from one half of the residuary trust. The trustee said he is willing to release the gift part now but only if he is indemnified. My aunt is nervous about signing the indemnification agreement – should she be? Would she give up any of her rights to the remaining half due her by signing an indemnification for the specific bequest?
She wants to enjoy the money as soon as possible, but is told the only way she can get part of the money now is to sign. Is it standard practice to require such an indemnification?
Hold harmless agreement in Florida We are getting ready to do volunteer work…
Hold harmless agreement in Florida
We are getting ready to do volunteer work for the needy here in Florida as part of a church miniistry. Do we need to have a ‘hold harmless agreement’ between us and everyone we do volunteer work for? We are planning on doing lawn work, minor painting, minor electrical like replacing a light switch or light bulb and minor plumbing issues such as repairing a faucet.