ARCHIVE BY DATE AND SUBJECT OF ASK DOCTOR LAW COLUMNS

THERE IS A DIRECT CONNECTION BETWEEN FINANCIAL SUCCESS IN THE BUSINESS MARKETPLACE & DEFUSING BUSINESS LAW TIME BOMBS THAT MAY CAUSE YOU LEGAL PROBLEMS.

HERE'S AN ARCHIVE OF OUR BI-MONTHLY AND MONTHLY"ASK DOCTOR LAW" COLUMNS PUBLISHED IN MIAMI HERALD'S BUSINESS MONDAY SECTION - READ IT REGULARLY AND HELP YOURSELF DEAL MORE SKILLFULLY WITH TYPICAL BUSINESS LAW PROBLEMS:

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LIST OF ASK DOCTOR LAW COLUMNS :

1. 3/24/03 Usurious loans / gift promises (Elvis Presley case)
2. 4/7/03 Statute Frauds – guarantees / special mfg. goods
3. 4/21/03 Engagement rings / sales on approval
4. 5/5/03 Non-competes / exculpatory releases
5. 5/19/03 Liquidated damages / open zoning violations
6. 6/2/03 Minor’s contracts / intoxication impairment
7. 6/16/03 Auctions / Quasi contracts
8. 6/30/03 Seller’s cure rights / buyer’s cover rights
9. 7/14/03 Bk. Pays –customer stop order, death / stale checks
10.7/28/03 Jurisdiction for online contracts / ISP non-liability
11.8/11/03 Real estate tax certificates / L-tenant security deposits
12.8/25/03 Reward cases /Ads as offers
13. 9/8/03 Lottery ticket winnings / silence as acceptance
14.9/22/03 Offer revocation / mailbox offer acceptance rule
15.10/6/03 Good Samaritan laws / citizen’s arrests
16.10/20/03 Battle of forms / debt settlement disputes
17. 11/3/03 Pre-nuptial contracts / domain name cybersquatting
18.11/17/03 Common law marriage / Palimony / Jury service
19. 12/1/03 Liability insurer’s duty to settle / seat belt laws
20.12/15/03 Auto Lemon laws / DUI implied consent laws
21.12/29/03 Social host liability / Community property
22. 1/12/04 Food warranties / 3-day right to cancel
23. 1/26/04 Dog bites / newspaper libel
24. 2/9/04 Employee polygraphs / Sunday alcohol blue laws
25. 2/23/04 Segway helmet laws / older driver laws
26. 3/8/04 Car cell phones / Smoking in restaurants
27. 3/22/04 Pre-existing duty / Consideration
28. 4/5/04 Strict liability / child labor laws
29. 4/19/04 Obesity suits / gambler addiction suits
30. 5/3/04 Fla. Auto no-fault / third party rights
31. 5/17/04 Teen curfews / Fla. Credit scoring law
32. 5/31/04 Fla. Gay adoption / Gay marriage
33. 6/14/04 Lost luggage / Teen tattoo laws
34. 6/28/04 Auto repairs / Dr. malpractice history
35. 7/12/04 Contractor liability / open container law
36. 7/26/04 Where to sue / offer-demand for settlement
37. 8/9/04 Free credit reports / credit scores
38. 8/23/04 Husband-wife privilege / H-W spousal immunity
39. 9/6/04 New Baker act / green card lottery
40. 9/20/04 Using deadly force / concealed weapon-Brady handgun law
41. 10/4/04 Risk of loss in sales contracts / imperfect title
42.10/18/04 Survivorship accounts / frivolous lawsuits
43. 11/1/04 Whistle blower laws
44.x11/1/04 Fla. Felon voting / Electoral college
45.11/15/04 Minimum drinking age / Teen marriage
46.11/29/04 Living wills (Teri’s law)/ Oregon death with dignity
47.12/13/04 Undue influence promises / Ademption of will gifts
48.12/27/04 Economic duress / Silence as fraud
49. 1/10/05 Bankruptcy: homestead exemption/discharge student loans
50. 1/24/05 Pay freed prisoners (Pitts*Lee)/U.S. capital punishment
51. 2/7/05 Sovereign immunity / Special Cuban laws
52. 2/21/05 Garnish wages/Fla. Tort reform/pre-qual.credit approval
53. 3/7/05 Spousal will rights-elective share / validity of wills
54. 3/21/05 Check 21 law / Safe haven law
55. 4/4/05 Preincorporation contracts: promoters / stock subscription
56. 4/18/05 What business form? / S-corporations
57. 5/2/05 SUV tax law / window tint laws
58. 5/16/05 Junk faxes / Telemarketing (TCPA 1991)/ Can-Spam Act 2003
59. 5/30/05 Divorcing spouses 50-50% / Fla. No-fault divorce
60. 6/15/05 “For life” verbal contracts / New Bankruptcy law
61. 6/27/05 Rule excluding witnesses / Parol evidence rule
62. 7/11/05 Fla. Deadly force “Kill Bill” / 10-20-life criminal law
63. 7/25/05 Anti-Slapp lawsuit filing laws / view–light–air rights
64. 8/8/05 Finders keepers / unclaimed property law (Fla. Escheat)
65. 8/22/05 Fla’s new alimony law / change of credit card terms
66. 9/5/05 Year 2010 estate tax / intangible tax probate refunds
67. 9/19/05 Warranty deed forms / frustration of purpose-impossibility
68. 10/3/05 Family probate allowance / removal of executor
69.10/17/05 Credit freeze info. / lost credit-debit-ATM cards
70.10/31/05 Gifts causa mortis / Time to clear checks
71.11/14/05 NY taxing non-resident income / taxing divorce support
72.11/28/05 Baseball foul balls / auto leasing liability shield
73.12/12/05 Buy wine online / Fla’s. dry counties
74.12/26/05 Bailment duty of care / pawn shop selling stolen property
75. 1/9/06 Assume/Subject to payments / probate-when to distribute
76. 1/23/06 IRS taxing attorney’s fees / contingent fees
77. 2/6/06 Satisfaction contracts / discharge by impossibility
78. 2/20/06 Fla’s. victim speedy trial law / NY Atty. Hiring letters
79. 3/6/06 Soc.Sec. Student loan deducts / student loan choices
80. 3/20/06 Seat belt defense / auto cell phone laws
81. 4/3/06 Privileged communication: accountant / priest / others
82. 4/17/06 Gift promises – charitable pledges by deceased parents
83. 5/1/06 Smoke-free laws / licensing laws: regulatory vs. revenue
84. 5/15/06 Unconscionable medical releases / fraud in execution
85. 5/29/06 Prop. Settlement payee as 3-party benef./creditor suing
judgment proof advice givers
86. 6/12/06 Bottle deposit refund laws / daylight saving laws
87. 6/26/06 Dogs at restaurants / pooper-scooper laws
88. 7/10/06 Tax gain on house sales / real estate fixtures
89. 7/24/06 Movie piracy law / specialty license plates
90. 8/7/06 Lotto laws / Internet gambling
91. 8/21/06 Stalking laws / Hazing laws
92. 9/4/06 Gen P’ship profit sharing / Ltd. P’ship manager liability
93. 9/18/06 Multiple payee checks / Bank forgery rules
94. 10/2/06 Letters of credit:confirmed-standby/strict compliance rule
95.10/16/06 Errant golf ball liability / K.Biscayne tennis tournament
96.10/30/06 New Bankruptcy law – one year later
97.11/13/06 McDonald’s hot coffee case / obesity lawsuits
98.11/27/06 Insanity legal tests / Self-serve gas stations
99.x12/11/06 Grandparent visitation/divorce: residency-file privacy
100.12/11/06 Ticket scalping law / Internet gambling
101.12/25/06 Holiday party alcohol liability / Xmas trees cover rights
102. 1/8/07 Employee drug testing / employee jury duty rights
103. 1/22/07 Generic drug patent laws / copyright of orphaned works
104. 2/5/07 Lease renewal-m/box rule / hotel lockout-fl.stat.509
105. 2/19/07 One word-verbal lease renew / radio jest offer for Sbow41
106. 3/5/07 Fla. false paternity law / statutory interest on judgments
107. 3/19/07 Perfect tender rule / Sale or return – conditional sales
108. 4/2/07 Car wash exculpatory release / M entrustment “april fool”
109. 5/7/07 Probate questions:(3)elect.share/intestacy/written will
110. 6/4/07 Force majeure clause to hurricane-proof constr.contract/
Liability of cruise line for doctor negligence
111. 7/2/07 Banks: (3) Postdated checks/hold times on deposits/check21
112. 8/6/07 Fake antiques–imprint“copy”?/Crime victims-seize IRA?
113. 9/3/07 New Gambling Act-fantasy bets/Credit Act-credit card data
114. 10/1/07 Spoliation of sales records/Negligent hiring lawsuits
115. 11/5/07 Will no-contest clause/Auto rental liability immunity
116. 12/3/07 Land pollution CERCLA-Aramak case/tax emotional distress
117. 1/7/08 Pre-inc stock subscriptions/pre-inc contracts (4/4/05?)
118. 2/4/08 Marriage surname change/divorce fault in dividing assets
119. 3/3/08 3day right to cancel/Reas.Medium accept/revoke rules
120. 4/7/08 Dram Shop liability/Strict liability-mower blade
121. 5/5/08 Throw out unruly hotel guests/airline bill of rights
122. 6/2/08 Celebrity Defamation / Auto Towing law
123. 7/7/08 WARN of employee layoffs/Overtime pay for pharmacists
124. 8/4/08 Gucci pet chew toys/credit&debit card liability limits
125. 9/1/08 Dance studio act for condo tango/Crane safety laws
126. 10/6/08 Health Club defib. 1st aid law/Home solicitation law
127. 11/3/08 Ridesharing law / Construction contract venue law
128. 12/1/08 IRC6672 liability for payroll taxes/Merger debt payment
129. 1/5/09 New employer asks about wage/tip credit/tip pooling laws
130. 2/2/09 Service process-default judg./Usury laws-Texas case
131. 3/2/09 Insider trading 16(b)rule/Junk faxes EBR exemption
132. 4/6/09 Hiring a lawyer / contract non-signer rule
133. 5/4/09 Ltd. Partner defective formation/two party r.o.l. rules
134. 6/1/09 Bad employer reference / Condo Dir. BusinessJudg.Rule
135. 7/6/09 Obesity statute 768.37/ food donations law 768.136
136. 8/3/09 Check indorsements / Stop Payment orders
137. 9/7/09 Labor Day: Verbal employment contracts/WARN layoff notice

HERE IS A TYPICAL ASK DOCTOR LAW QUESTION & ANSWER COLUMN

THIS IS AN EXAMPLE OF A TYPICAL ASK DOCTOR LAW QUESTION AND ANSWER COLUMN:

REMEMBER - YOU CAN SEND QUESTIONS TO US AND THEY MAY BE ANSWERED - SEND TO askdoctorlaw@yahoo.com

A Typical Column for Ask Doctor Law – 2/2/09

DEFENDANT SEEKS RELIEF FROM DEFAULT JUDGMENT

Q: I signed an office lease for my new import-export business. According to my interpretation, it allowed year end termination if my annual sales didn’t reach a certain level. When I cancelled and moved out the landlord disagreed and sued me for breach of contract. The legal papers were served on my wife, not me, so I ignored them. Now I’ve received a default judgment against me for the amount I supposedly owe the landlord. I spoke to my wife’s lawyer brother who says that I have to pay. What’s your opinion?

- - “Messed Up in Miami.”

A: We agree you have a legal mess on your hands. With all due respect, most of it was self-created. But there still may be a way for you to have your day in court in your landlord-tenant contract dispute. The two main legal issues to discuss are service of process and default judgment.

Assuming you leased as an individual tenant and signed that same way, you personally are the proper lawsuit defendant. In order for the court to have personal jurisdiction over you, the legal complaint had to be properly served. You incorrectly assumed that the papers had to be delivered to you personally. Florida Statute 48.031 requires service of process on the named individual defendant or “any person who is 15 years of age or older” residing at the defendant’s home. Service on your wife was proper. Other states have similar laws. Their purpose is to prevent defendants from delaying pending lawsuits by trying to evade service of process.

The standard wording on the summons and legal complaint served on your wife warned that a failure to respond within 20 calendar days would result in entry of a default against you. It also stated that if you didn’t respond on time, “you may lose the case … without further warning from the court.” You should have taken it seriously.

When the landlord’s attorney didn’t hear from you in the required time, he got a default, filed his proofs of claim, and was awarded the default judgment. An outstanding money judgment is dangerous. Aside from affecting your credit, it’s a lien against your personal assets. They could be seized by the plaintiff in a legal procedure called levy of execution.

But all is not lost. There’s a way for you to set aside the default judgment, so you can present your side of the dispute. Florida Civil Procedure Rule 1.540(b) allows such relief for one year after entry of the final judgment in cases of “mistake, inadvertence, surprise, or excusable neglect.” You should immediately consult a qualified litigation attorney and file the necessary pleadings showing you have a good defense to the complaint. Judges are usually lenient in allowing defaulted defendants to have their day in court. Good luck.

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		THE BUSINESS LAW SURVIVAL GUIDE TELLS YOU: What are the controlling rules of law Where are the sabotaging legal time bombs How to develop winning strategies to defuse them When you can fail-safe your commercial transactions INCLUDING: Anticipatory Thinking Exercises Transcripts of Actual Court Cases Replay Digests of How to be a Winner CONTENTS: The Preventive Law Method The Purpose of Laws The Sources of Laws To Sue or Not to Sue Hiring a Lawyer The Legal Remedy Where to Sue Creating the Contract Enforceability Defenses to Enforcement Written Form Rights of Third Parties Legal Excuses for Non-Performance Special Rules - Sales of Goods, Product Liability, E-commerce
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		DON'T LET YOUR HARD-EARNED MONEY GO DOWN THE DRAIN. BEFORE ENTERING INTO A BUSINESS TRANSACTION LEARN: WHAT ARE THE CONTROLLING RULES OF LAW WHERE ARE THE SABOTAGING LEGAL TIME BOMBS HOW TO DEVELOP WINNING STRATEGIES TO DEFUSE THEM WHEN YOU CAN FAIL-SAFE YOUR COMMERCIAL TRANSACTION THE LAW IS CHANGING EVERY DAY AND CASES ARE BEING DECIDED THAT CAN IMPACT YOUR BUSINESS DECISIONS - SEE DAILY LEGAL NEWS AT http://www.law.com/. MONTHLY CASE SUMMARIES ARE FOUND AT http://www.westbuslaw.com/. LEGAL INFORMATION AT http://www.law.cornell.edu/. HAVE SOME LEGAL FUN AT http://www.lectlaw.com/. ATTEND A DR-LAW SEMINAR IN YOUR AREA - DETAILED INFORMATION WILL BE POSTED ON THIS SITE IN THE NEAR FUTURE

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		DON'T BLINDLY ROLL THE DICE HOPING THERE WILL BE NO LEGAL PROBLEMS IN YOUR PROPOSED TRANSACTION. DON'T GIVE UP WHEN YOU MAKE A BAD BUSINESS DECISION AND IT APPEARS THERE IS NO WAY TO GET OUT OF YOUR CONTRACT. DON'T PLAN A FUTURE DEAL WITHOUT TESTING IT FOR HIDDEN BUSINESS LAW TIME BOMBS. CONSULT WITH DR-LAW FOR DIAGNOSIS AND TREATMENT - LET HIM WRITE YOU A PRESCRIPTION FOR SUCCESS - TODAY! DR-LAW IS THE "DEAR ABBY" OF THE WORLD OF BUSINESS AND COMMERCE. E-MAIL YOUR QUESTIONS TO HIM ABOUT YOUR PAST, PRESENT OR FUTURE BUSINESS LAW PROBLEMS AT: askdoctorlaw@yahoo.com . WATCH FOR OUR "ASKDOCTORLAW" COLUMN THAT APPEARS MONTHLY IN THE "BUSINESS MONDAY" SECTION OF THE MIAMI HERALD: http://www.herald.com/ ONE OF AMERICA'S GREAT NEWSPAPERS. YOU CAN ALSO SUBMIT YOUR QUESTIONS FOR POSSIBLE PUBLICATION AT: askdoctorlaw@herald.com HERE IS A TYPICAL QUESTION AND ANSWER EXCHANGE FROM "ASK DOCTOR LAW": 1) Elizabeth C. writes: “I signed a contract to buy a new house and paid a deposit toward the purchase price. The money to buy the new house was coming from the sale of my old house. But when the time came to close on the new house, the sale of my old house wasn’t completed, so I had to default and lost my deposit. Could I have avoided this problem?” Dr- Law replies: “What Elizabeth needed was a clause in her purchase contract that made it contingent upon the successful completion of her sale. In business law terms, this is called a “condition precedent”, where you are not legally obligated if the condition isn’t satisfied. What Elizabeth could have done, if she had been aware of this time bomb, was to word her purchase offer accordingly, such as, "I agree to purchase the (new house) subject to/conditioned upon the closing of the sale of my (old house) now pending."

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