Lanigan & Lanigan, P.L.
831 W. Morse Blvd., Winter Park, Florida 32789
407-740-7379
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Podcasts, The Law
Click to Listen. Right Click Audio as it’s playing to download to your device. Winter Park Florida business and civil litigation lawyer Eric Lanigan talks about what happens when a single person or a married couple faces wage garnishment due to a judgment. There’s a video that talks about the issue and some of the challenges and options for addressing the challenges on the LaniganPL YouTube video channel called, “Florida Wage Garnishment of Individual or Married Couple.” How to Handle Wage Garnishment Eric talks about garnishment in a range of difficult situations. Where you have a single debtor, unmarried, no children who has a judgment against them. Or you have the married couple but the judgment is against both of them. Maybe one spouse was the borrower and the other spouse signed as a guarantor. Or many times as most people know the bank will require both the husband’s and the wife’s signature in order to make a loan. In those situations, you don’t have the head of household exemption, you don’t have the tenancy by the entireties exemption. In the married situation, you can have the head of household situation, but if both of the parties work then the one who makes the the least amount their account can be garnished. But you don’t have the tenancy by the entireties exemption if the judgment is against both the husband and the wife and that’s a critical exemption in Florida. People often come in and they say, “well what do I do now? With a judgment against my wife and I, should I just transfer these assets...
The Law
A crime is a crime in Florida and you could face criminal penalties just as severe as if you were the main perpetrator even as an accessory, although you may not be considered the main perpetrator of the crime in Florida. Answer NO Questions: Call An Attorney No matter what crime you may be arrested for or accused of call an attorney immediately. Ask for your phone call and do not answer any questions no matter your innocence or guilt in the matter. Anything you say may be the wrong thing. You are not an attorney, you do not know the laws inside and out. You can damage your case answering any questions without an attorney. Contact criminal defense attorney Roddy Lanigan if you are arrested and accused of being involved in a crime. Lanigan and Lanigan, P.L., are experienced attorneys who provide aggressive representation with a personal touch. The State of Florida doesn’t make any distinction between the criminal liability of perpetrators and their accomplices. All can be punished equally, whether they actually perpetrate a crime or help to make it happen. If you helped prepare, plan, support, aid or assure that a crime occurs, you’re as guilty in the eyes of Florida law, as a principal who committed a crime. Conspirator or Accomplice? The only difference between accomplices and conspirators is that accomplices are helpers in the crime. Conspirators are principals in a crime. Conspirators are two or more who agree to commit a crime. Conspiracy is a controversial crime because conspirators can be guilty even if the crime that they agree to commit never occurs. Conspirators can be punished for illegal plans...
The Law
You’ve filed bankruptcy and you’re so relieved to know that the debt collectors can’t call you. Everything’s on it’s way to a fresh start and you have peace of mind every time the phone rings. However, some creditors continue to call you. If you’ve told them verbally and in writing that you have filed bankruptcy and you want them to stop calling you but they continue calling despite your requests to stop, you may be able take legal action against them. The Fair Debt Collection Practices Act The Federal Trade Commission (FTC) which is a national consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits debt collectors from being deceitful in practices to collect from you. But be aware that when you signed up for credit that if you used a cell phone number to be contacted and state that you may be contacted at specific times outside the standard 8 a.m. and 9 p.m., that you have given creditors permission and they may call you. But when you tell them to stop in writing and verbally on the phone, according to the FDCPA, they have to stop. The Huffington Post reported a case where a creditor was hired to pursue someone using their social media to track their activities and purchases. They were threatened and there is a lawsuit pending. It’s not a horrible idea to answer the phone and at least get the details of what the debtor is calling about as it could be a debt you weren’t aware of, which was paid and which you could clarify. But any of the...
The Law
Twitter, Craigslist, YouTube and Facebook have to be respectful of laws regarding federally registered trademarks. Trademarks are protected as part of domain names, content and copy on websites and social media websites. If you use or someone has used trademarked items without being authorized to do so as a third party it is punishable by law. Use of Trademarked Names Online Social networking websites including Facebook, YouTube, Twitter and Craigslist have been dealing with national brands and companies that launched campaigns to stop unauthorized use of trademarked names on online. Individuals who use trademarked information thinking it’s just a mention or that everyone is doing it should be cautioned: Illegal use is illegal use. If you don’t have written and formal approval by the owner of trademarked content you may not use it. With the popularity of these websites of people networking with friends and colleagues and conducting business, companies monitor them more heavily for misuses and will notice and can capture the unauthorized use of a trademark on these sites. There are systems in place for making targeted complaints to remove infringing content on social media websites. Facebook, YouTube, and Craigslist take allegations of trademark or copyright infringement very seriously and are quick to act. Handling Trademark Complaints Complaints reduce the number of unauthorized uses of trademarks and copyright but if you should find that an individual or business has wrongfully and without permission used your trademarked or copyrighted product, brand or image, contact Winter Park Florida attorney Eric Lanigan or Roddy Lanigan. With 36 years of business litigation experience Lanigan and Lanigan, P.L., will consult with you to determine the...
The Law
There are multiple ways to obtain a green card, all of which vary by situation and that are often challenging but there are situations that enhance the likelihood. Here are several ways immigrants may be able to achieve green card status or have favorable situations to getting a green card. Amnesty May Support Green Card Eligibility Congress occasionally provides green card eligibility for people who have been living in the U.S. illegally. Deadlines for both these particular amnesties have passed but cases are still being decided. Recent amnesties have covered: Nicaraguans, Cubans, Guatemalans, Salvadorans, and certain Eastern Europeans, under the NACARA law. Aliens who applied for amnesty under the Immigration Reform and Control Act of 1986—who were in the U.S. out of status since January 1, 1982. Spouses and unmarried children under 21 years of age were also eligible to become permanent residents. Diversity Visa Lottery There is a created green card category based on the The Immigration Act of 1990 to benefit people from countries that in recent years have sent the fewest numbers of immigrants to the United States. If you are a native of one of those countries and meet certain educational and other requirements you can enter the lottery. The green card lottery aka the Diversity Immigrant Visa Lottery, has 5,000 annual winners chosen in a drawing. The world is divided into regions and allocates under 7% of the total green cards to each region. If you win the lottery, you still have to make it through a rigid application process which many, many people fail due to inadmissibility or the government can’t process their...
The Law
Lemon Laws and Recurring Problems If a car has been back for service for the same recurring problem at least three times and is not fixed it may be a lemon. When this happens the consumer must give the manufacturer a final opportunity to fix the problem. Note that the law states you must contact the manufacturer – not the dealer – when you are giving them a final opportunity to fix the problem. If the manufacturer fails to fix the problem the laws requires the dealer to buy back the defective car and give the consumer a purchase price refund or a replacement vehicle. Florida Lemon Laws do not apply to defects caused by accidents, neglect, abuse, modification, or alteration by persons other than the manufacturer or its authorized service agent which typically is an authorized dealer. When the Florida Lemon Law Applies If you’ve taken your newly purchased car, truck or other vehicle in multiple times for service and continue to have the same problem, then the Florida Lemon Law applies to your situation. New or demonstrator motor vehicles which are sold or leased in the State of Florida are also covered by the Florida Lemon Law. To be clear: with some exceptions, a previously titled vehicle (used car) is NOT covered by the Lemon Law. Repetitive problem vehicles are commonly referred to as Lemons. There are both Florida state and federal lemon laws that protect the interests of consumers. The rights given to consumers by lemon laws may exceed any warranties expressed in purchase contracts. The Florida Lemon Law does NOT cover: Used cars Vehicles that...
