Miami Civil Lawyer: Fraud, Probate, Disputes

Hollander and Associates, LLC

2 South Biscayne Boulevard Suite 1650 Miami, Florida 33131 USA

 (305) 373-9999 or (800) 966-4041
 (305) 373-7777

www.attorneyatlaw.bz
 Contact Frank L. Hollander

Law Firm Overview Free Consultation

Hollander and Associates, LLC, established 1988. Our practice includes fraud, consumer protection, business disputes, real estate disputes, condo deposit refunds, civil lawsuit defense, estates, probate, guardianship, litigation, divorce and life insurance claims.

We offer free consultations.

Year this Office was Established: 1988

Languages: English, Spanish

Practice Areas

Additional Practice Areas: Life Insurance Claims; Condo Deposit Refunds; Structured Settlement Cash Conversions; Accounting Fraud; Bank Fraud; Extortion; Forgery; Internet Fraud; Internet Theft; Investment Fraud; Mortgage Fraud; Organized Fraud; Prescription Fraud; Public Corruption; Securities Fraud; Telemarketing Fraud; Witness Tampering; Carjacking; Conspiracy; Obstruction of Justice; Guardianship; Consumer Protection.

Practice Areas Description

Hollander and Associates, LLC provides legal representation and services in the following areas of practice:

- Condo Deposit Refunds and Real Estate Dispute

Our attorneys use their skills as litigators to defend and prosecute your real property dispute claims as the buyer, seller, owner or claimant to real estate. In addition to condo deposit refunds, homeowner development deposit refunds, breach of contract, mortgage foreclosures, loan modifications, and short sales, we handle actions for specific performance of purchase agreements, partition actions amongst joint owners, quiet title actions, promissory estoppel and constructive trust claims. As real estate litigation attorneys, we protect your real estate holdings. We advise clients regarding what sorts of legal steps are needed and also ways to save you money. Our attorneys resolve complicated problems efficiently and economically by identifying the shortest path between what you have and what you need to solve your problem.

- Civil Lawsuit Defense

Served with a Lawsuit - What should you do if you have been sued? No one likes that feeling in the pit of the stomach when served with court papers. You may be wondering what to do when you receive the court papers. A lawsuit begins when someone, called the "plaintiff" files a document in court, known as a "complaint." The next step is to give you, the "defendant" a copy of the court papers and a copy of a document called a "summons." This is called "service of process," and you may "be served" the papers through the mail, or by personal delivery (such as by a deputy sheriff or other certified process server). The summons tells you how many days you have in which to file your answer or response or what you must do to protect your rights.

If you do not file a written answer or response within that time limit or follow the other instructions given, the plaintiff may proceed with the lawsuit anyway. Your failure to respond may be treated by the Court as if the claims in the complaint are correct, and you would be considered in "default." This may mean you have lost your right to defend the lawsuit. You may even have lost any right to be informed of the date and time of later court hearings against you in that case. The usual time limit for responding to a lawsuit complaint is 20 days. The court may extend this time if before the end of the 20 days you ask for and are granted an extension of time, based on a valid reason. The time limit within which to respond to a lawsuit to recover possession of land or a home is 5 days. A response to that kind of lawsuit must, of course, be very prompt. Any response or answer you file must be carefully worded so that all of your defenses may be presented in court.

If you have a defense which you do not state in your answer, the court may refuse to allow you to present that defense later at the trial. At the same time that you file your answer, you may wish to file a "counterclaim." A counterclaim is just like a complaint, but it is filed by the defendant against the plaintiff. The same rules for complaints must generally be followed for a counterclaim. The counterclaim will state your reasons why you should recover damages or other relief from the plaintiff. Certain defenses may be good ones but you may not know about them. For example, the plaintiff may have waited too long to file the complaint. The failure to sue within the proper time limit is a valid defense. There may be many other defenses which apply to your case. The best way to make sure that all of your rights are protected is to contact an attorney/lawyer.

- Structured Settlement, Annuity, Life Insurance Conversions to Lump Sum Cash Payments

When a plaintiff brings a personal injury action against a defendant for damages and the parties decide to settle the case, they may enter into a structured settlement to compensate the plaintiff for his injury. Structured settlements are monetary awards for damages that are paid in installments over a period of time. They are frequently used to settle tort cases involving severe injuries in which large damages are sought (e.g., products liability, medical malpractice, and wrongful death cases) because of the defendant's inability to pay the amount in one lump sum. A structured settlement is a completely voluntary agreement between the injured victim and the defendant. Under a structured settlement, an injured victim doesn't receive compensation for his or her injuries in one lump sum. They will receive a stream of payments tailored to meet future medical expenses and basic living needs. A structured settlement may be agreed to privately (for example, in a pre-trial settlement) or it may be required by a court order, which often happens in judgments involving minors and incapacitated adults.

• Converting a structured settlement to a lump sum cash payment

Before you may convert a structured settlement into a lump sum cash payment, you will have to have an attorney petition the Court where you reside under the Florida Structured Settlement Act. Either you must hire an attorney to provide you with an independent professional advice letter, called an "IPA" for independent legal representation and advice or the annuity-for-cash, or structured settlement-for-cash purchase companies will provide you with a written waiver form to allow you to waive the IPA requirement, as allowed by the Florida Structured Settlement Statute, 626.99296, subsection(3)(a)(4). The attorney also should advise you and investigate the possibility, feasibility and parameters of attempting to convert the structured settlement annuity into a lump sum payment. A consultation to ascertain whether it is possible to sell not only the guaranteed payments but also the annual life contingency payments will be needed and also to investigate a variety of structured settlement companies to obtain the best result, most importantly to negotiate the highest pay-out to you. We strive for 89% of the disclosed present value.

• The Annuity

The annuity itself is not assignable by the annuitant because he or she does not own it. It is typically owned by a subsidiary of the life insurance company that issued the annuity. What the annuitant has is the "right to receive the payments" under the settlement. That right is personal property which can be assigned. Most states have enacted transfer statutes requiring either a court order and/or certain disclosures before a structured settlement recipient can sell their annuity payments.

- Criminal Law

Cases we handle:

• White Collar Crimes: accounting fraud, bank fraud, bribery, computer crimes, credit card fraud, embezzlement, extortion, forgery, fraud, internet fraud, internet theft, investment fraud, mortgage fraud, organized fraud, prescription fraud, public corruption, RICO charges, securities fraud, telemarketing fraud, theft, wire fraud, and, witness tampering.

• Violent Crimes: armed criminal action, armed robbery, arson, assault & battery, carjacking, domestic violence, robbery, and, vehicular manslaughter.

• Other Crimes: conspiracy, obstruction of justice, and, perjury.

- Florida Department of Financial Services, Licensing, Administrative Hearings Defense

Hollander and Associates, LLC. defends licensed insurance agents defending actions taken by the Florida Department of Financial Services in Administrative Hearings.

- Mortgage Foreclosure Defense

Hollander and Associates, LLC. represents clients facing foreclosure proceedings. In many cases, it is possible to work out new financing arrangements, and otherwise manage a foreclosure in a manner most advantageous to the homeowner without litigation.

- Fraud and Misrepresentation

Fraud is the deliberate act to acquire assets or property of others by deception, trickery or dishonesty. It can take many forms. Often, it involves more than one person. In these cases, there is said to be a conspiracy to defraud. Fraud can affect assets that are both large and small in value. In this day and age, there is the increasing use of electronic media to perpetrate fraud. It can take place in small amounts over a long period of time or can represent just one incident where considerable value is involved.

- Life Insurance Claims and Disputes

Individuals purchase life insurance to provide for their families after the individual dies. In most situations life insurance claims are paid without considerable dispute. Nevertheless, there are some areas in which life insurance disputes arise. These include:

. proper distribution of the proceeds arising out of failure to complete a change of beneficiary form in accordance with the policy’s provisions;
. dispute as to the policyholder’s competency at the time beneficiary designations were made and undue influence.

- Probate of Estates

Probate of an estate is the court procedure whereby the estate's personal representative marshalls the assets, pays any debts and distributes the property owned by the deceased to the rightful heirs, according to the terms of a Will or the laws of intestacy. The personal representative must retain a probate attorney to represent him or her in this procedure.

- Guardianship

When a person is too young to make decisions or incapacitated and can no longer care for their own interests, guardian law allows the court to appoint someone to make legal, medical, housing, and financial decisions for them. A legal guardian may be appointed as a limited decision-maker or an all-purpose decision-maker. Nursing home residents may need a general legal guardian to make all their decisions for them. Guardianship lawyers advise you about the appropriate legal guardianship for your particular circumstances. They also help with guardianship forms and other legal paperwork, and represent the guardian once one is appointed.

- Consumer Protection

Consumers are protected by, and even sophisticated commercial transactions and experienced businesses are covered under, Florida's Deceptive and Unfair Trade Practices Act involving false representations of material fact by which a reasonably relying person would likely be mislead. Proving intent to defraud is not necessary. Actual damages and attorney fees are recoverable.

- Business and Commercial Disputes

At Hollander and Associates, LLC. established in 1988, we have litigated, arbitrated, and mediated a wide range of corporate, commercial, and other business disputes, including: Business and Commercial Litigation, Contract Disputes, Corporate Law, Covenants not to Compete, Insurance Litigation, and, Landlord/Tenant.

- Florida Trust Litigation

Florida Trust Litigation involves beneficiaries who have been affected by improper actions of an individual (often a trustee). Trust Disputes involve trust contests, trust construction, breach of a fiduciary duty, removal of a fiduciary, and trust accounting disputes. If you believe that there is something wrong with the way a Florida Trust has been handled or your assets have not been dealt with fairly, and you would like a free consultation, and legal assistance, call our firm.

Affiliations

Attorneys

Mr. Frank Hollander Attorney Business Litigation, Civil Litigation, Consumer Law, Criminal Law, Estate Planning

More Information on Hollander and Associates, LLC

Miami, Florida Civil Lawsuit Defense Lawyer
Attorney Frank L. Hollander's Education
Attorney Frank L. Hollander's Memberships
Attorney Frank L. Hollander's Bar and Court Admissions
Hollander and Associates, LLC News and Publications
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