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Spring 2012
IN THIS ISSUE
d&G Lawyer News
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Frequently Asked Questions
I was just served with a Summons, what should I do? CONSULT AN ATTORNEY IMMEDIATELY! Whether you have been served a summons, demand letter, notice to owner in an eminent domain action or other type of legal document, they should all contain deadline/response dates clearly explained to the recipient. DO NOT WAIT UNTIL THE DUE DATE TO ACT. You can contact de la Parte & Gilbert, P.A. for assistance and if we are unable to assist, we can refer you to a competent attorney in that practice area. You can also contact the local lawyer referral office in your area or The Florida Bar. Additionally, in the event you receive a summons and complaint you should immediately send it to your insurance company.
My company just received a “Notice to Preserve” letter from a law firm requesting that we preserve our electronically stored files, what should we be doing? In this digital age, most documents and correspondence are found within the computers and hard drives of companies and individuals. A preservation letter could be sent to a company prior to or during the course of litigation. The purpose of the letter is to put the company on notice that a lawsuit or other proceeding has been filed regarding certain matters and all electronically stored information outlined in the notice needs to be preserved. The company should immediately contact its IT department to make sure that the files are preserved in their original native applications to prevent spoliation. The failure to preserve these files could result in a Court imposing sanctions against your company.
An order was entered against me in an administrative proceeding, how can I appeal this decision? A person who is adversely affected by final agency action is entitled to appeal the decision in the appellate district where the agency maintains its headquarters or where a party resides. The appeal MUST be filed within 30 days from the entry of a final order. The Florida Administrative Procedure Act governs the administrative process and can be found in Florida Statues, Chapter 120.
I went to sell my home and discovered that various Claims of Lien were filed against my property when I remodeled my home 4 years ago. I paid the contractor, what should I do? Don’t panic! Construction Liens are governed by a very strict set of statutes and deadlines that must be met to enforce the claim of lien. The claim of lien is only valid for a period of 1 year from the date of recording, unless a suit to foreclose the lien or an amendment to extend the lien has been filed. Consult with an attorney to have the lien released so title to your property is clear prior to finalizing any sale. See Florida Statutes, Chapter 713.
How long do I have to collect a judgment? In the state of Florida, a judgment is good for a period of 20 years. However, you MUST follow the precise steps outlined in Florida Statutes, Chapter 55 to enforce the judgment on real and personal property of the debtor. This includes, but is not limited to re-recording a certified copy of the judgment every 7 years in the county where the subject debtor owns real property. To preserve your lien against a debtor’s personal property, you MUST follow the steps outlined in Chapter 55, but instead of filing in every county, you simply have to file your judgment with the Secretary of State.
Why does de la Parte & Gilbert have to know who the potential active parties might be? All attorneys are bound by the Code of Professional Conduct promulgated by The Florida Bar. We must check our client database for any conflict of interest prior to accepting a case.
The information on this website (Newsletter/ Email) is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
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