ACCEPTANCE OF PARTIAL PAYMENT COULD RESULT IN FULL SATISFACTION OF DEBT

Jason B. Goldman • August 6, 2015
ACCEPTANCE OF PARTIAL PAYMENT COULD RESULT IN FULL SATISFACTION OF DEBT

Many condominium, cooperative and homeowner associations have accepted partial payments for delinquent accounts under the premise that receiving some money is better than receiving no money at all.  However, a recent Florida 2nd District Court of Appeal Case should give associations pause before they make the decision to accept a partial payment.

On August 8, 2014, the 2nd District Court of Appeal for Florida issued its decision in the case of  St. Croix Lane Trust, Et Al v. St. Croix at Pelican Marsh Condominium Association, Inc. , 144 So.3d 639 (Fla. 2 DCA 2014).  In this case, the owner of a condominium unit appealed a final summary judgment declaring that no accord and satisfaction occurred when the condominium association accepted a check that the unit owner tendered in full satisfaction of the association’s disputed claim for past due assessments and other charges.  The Plaintiff was the successful bidder at a foreclosure sale which occurred as a result of the association foreclosing its lien on the condominium unit for past due assessments and other charges against the previous owner.  The association elected not to bid at the foreclosure sale and the Plaintiff was the successful bidder for $100.00.  The association’s attorney wrote the Plaintiff a letter demanding payment of the full amount of the assessments and other charges due.  The trust took the position that only the first quarterly assessment of $840.00 was due.  The trust attorney responded to the association attorney’s demand by enclosing a check for $840.00 to settle the matter and indicated in the cover letter that the check was tendered as full and final satisfaction of all claims made against the trust and the property for the amounts demanded in the association attorney’s letter.  The trust attorney’s letter stated that negotiation of the enclosed check shall be deemed an acceptance of the offer of settlement and shall be a full and final satisfaction of all claims against the trust and the property.  The association elected to apply the payment as a partial payment pursuant to Florida Statute §718.116(3).  The Circuit Court determined that the trust was jointly and severally liable with the previous owner for all amounts claimed by the association through the date of the foreclosure sale, less the $840.00 payment rejecting the trust’s argument that Florida Statute §673.311 relating to accord and satisfaction applied.

However, on appeal, the 2nd District Court of Appeal found that §673.311 applied rather than Florida Statute §718.116(3).  The Appellate Court found that under §673.311(2), the claim is discharged if the person whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.  Subsection 3 of that statute provides certain exceptions and the Appellate Court found that none of the exceptions provided for in the statute were applicable in this case.

The lesson for this case is that associations should be careful in accepting payments for less than the full amount of the claimed debt.  Any tender of payment for less than the full amount of the debt which contains any type of restrictive language or is accompanied by a letter containing any type of restrictive language should be carefully reviewed to determine if the St. Croix case would be applicable.  Caution should be exercised by associations in acceptance of partial payment without a carefully drafted payment plan agreement prepared by the association’s counsel.  Any question whatsoever regarding the acceptance of partial payment should be directed to the association’s attorney.

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Passenger Rights: Suing a Driver After a Florida Car Accident

By Jason B. Goldman • November 15, 2024
Car accidents often focus on the drivers involved, but what happens if you were a passenger during the incident? Understanding your rights and options is crucial if you find yourself injured while a passenger. At GTS Law Firm, we provide the insights and legal guidance you may need after such an unfortunate event. Elements of Negligence in a Car Accident In Florida, determining negligence is essential for any car accident compensation claim. Whether you were a passenger or a driver, the fundamental principles of negligence remain the same: Duty of Care: Every driver on the road owes a duty of care to other road users, including their passengers. Breach of Duty: This is established when a driver engages in behaviors that violate this responsibility—be it through distracted driving, intoxication, or other reckless actions. Causation: The injuries sustained by the passenger must be directly linked to the breach of duty.  Damages: There must be verifiable damages that resulted from the accident, such as medical bills or lost earnings. When Can a Passenger Sue the Driver? As a passenger, there are several scenarios where you might have a valid claim against the driver: Driving Under the Influence: If the driver was intoxicated, proving negligence becomes relatively more straightforward. Reckless or Aggressive Driving: This includes speeding, erratic lane changes, or aggressive maneuvers. Distracted Driving: Involvement in activities such as texting, eating, or using a phone that leads to an accident can all constitute negligence. Violation of Traffic Laws: Such as running stop signs or red lights, or making illegal turns. Exceptions to Filing a Lawsuit as a Passenger There are, however, certain circumstances under Florida law where a passenger might be unable to sue the driver: The Driver Is Not at Fault: If another driver or an external factor caused the accident, the passenger might need to seek compensation from other parties. Household Exclusions: Some insurance policies might prevent a passenger from suing a driver who lives in the same household. Minimal Fault: In Florida, even if the passenger is partially at fault (e.g., not wearing a seatbelt), they can still seek compensation, but it may be reduced by their percentage of fault. Understanding Florida’s Car Insurance Laws Florida’s insurance requirements mandate that drivers carry a minimum of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL). As a passenger, you may claim under the PIP coverage of the driver's insurance policy, up to the limits of their policy. The Role of a Skilled Florida Car Accident Lawyer Navigating post-accident legal options can be overwhelming, particularly when trying to recover from injuries. Here at GTS Law Firm, we understand the complexities involved in car accident claims and are prepared to guide you through each step of your legal journey. If you or a loved one has been injured as a passenger in a car accident, it is vital to seek experienced legal counsel promptly. Our team is here to help ensure that your rights are protected and that you receive the compensation you deserve. To discuss your case and explore your options, contact GTS Law Firm today at (941) 625-6666.

How Long Does an Insurance Company Have to Investigate a Claim in Florida?

By Jason B. Goldman • November 15, 2024
At Goldman Tiseo Sturges, P.A., understanding the concerns of our neighbors in Port Charlotte, Punta Gorda, Englewood, and North Port is at the heart of what we do. We've noticed that a common concern among Floridians dealing with insurance claims is the time it takes for an investigation to conclude. It’s a pivotal period, filled with uncertainty, where the right guidance can make all the difference. Florida’s Insurance Investigation Timeline: What You Need to Know For those navigating the aftermath of an accident, timing is critical. In Florida, the law mandates personal injury protection (PIP) for all drivers, a coverage meant to ensure medical bills and lost wages are covered to a degree, regardless of who's at fault. But what happens when the claim seems to linger in limbo? Investigation Periods Defined: While PIP claims necessitate action within 30 days, the breadth of insurance claims—from automobile accidents to wrongful death—often fall under the "reasonable amount of time" category. This lack of specificity can be frustrating, yet it's where a dedicated legal team becomes indispensable. Taking the Next Step If you're facing delays in your insurance claim or simply seeking guidance on how to proceed, Goldman Tiseo Sturges, P.A. is here to illuminate your path forward. With our comprehensive understanding of Florida insurance laws and a personalized approach to legal representation, we strive to streamline your experience, aiming for the resolution you deserve. For a free personal injury consultation, reach out at 941-625-6666. Let's navigate the complexities of your insurance claim together, ensuring justice and peace for you and your family.

Charlotte County's Guide to Navigating Florida's Hands-Free Laws

By Jason B. Goldman • October 16, 2024
Navigating the roads of Charlotte County involves more than just knowing your turns and local shortcuts. In a bid to enhance road safety, Florida’s Hands-Free Laws have been a pivotal shift in driving practices across the state, especially in Charlotte County. Given the dramatic consequences of distracted driving, understanding and abiding by these laws isn’t just about avoiding fines—it’s about safeguarding lives. Understanding Charlotte County's Hands-Free Laws In Charlotte County, like in all of Florida, Hands-Free Laws are operational and fairly stringent. These laws unequivocally bar the use of handheld electronic devices while driving a vehicle. This means no texting, calling, or browsing on your phone when you’re behind the wheel—unless you're using hands-free technology. Emphasizing the critical need to keep your hands on the wheel and your focus on the road, the local enforcement agencies are particularly vigilant in No Device Zones, such as school zones and construction sites. In these areas, even hands-free operation is discouraged to minimize distractions. The Why Behind the Law The implementation of these laws wasn't an overnight decision. With distracted driving ranking as a prime contributor to traffic incidents in Charlotte County, the step towards a mandatory hands-free driving environment was essential. The statistics don’t lie—distractions on the road are a leading factor in accidents, many of which have led to severe injuries and even fatalities. Compliance Isn't Complicated Here are a couple of straightforward tips for Charlotte County residents to adhere to the Hands-Free laws: Invest in Hands-Free Technology: Products like Bluetooth-enabled devices, which allow voice commands for calling and texting, can help you stay connected responsibly. GPS Setup Pre-Drive: Always enter your destination and review your route on your GPS device before you start driving. This prevents you from having to adjust your route mid-journey. Local Impact and Real Stories In Charlotte County, the effects of these laws are palpable. Local police reports and accident data indicate a downswing in distracted driving-related incidents since the laws took full effect. The community’s anecdotal evidence, gathered from forums and social media, reinforces this trend, painting a picture of increasingly safe roads. Engaging the Community Charlotte County’s approach isn’t just about laying down the law; it's also about increasing awareness. Through public campaigns and school programs, the aim is to engrain the principles of safe driving in both new and seasoned drivers. These initiatives use real-life stories and statistical data to underscore the potentially devastating impact of distracted driving. A Safer Charlotte County For residents of Charlotte County, the message is clear: the hands-free laws are not merely legal requirements, they are essential protocols to ensure everyone’s safety on the road. While it might take some getting used to, the shift to hands-free driving supports a safer, more attentive driving environment. By keeping informed and compliant, Charlotte County residents not only avoid penalties but contribute to a culture of responsivity and safety that benefits the entire community. Embrace the change, enhance safety, and keep Charlotte County’s roads safer for everyone. Together, let’s drive towards a less distracted future.

Unraveling the Mystery: Do Traffic Cameras Record in Charlotte County, Florida?

By Jason B. Goldman • October 16, 2024
In the picturesque landscapes of Charlotte County, where our roads beckon locals and visitors alike to explore the splendor within, the question of road safety invariably arises, especially after a car accident. When versions of events clash, and the truth seems as elusive as the horizon at dusk, many of our neighbors find themselves pondering: Do traffic cameras record in Charlotte County, Florida? At Goldman, Tiseo & Sturges, P.A., deeply embedded in the heart of Charlotte County's community, we understand the critical importance of uncovering factual evidence to support your claim. Below, we delve into the nuances of traffic camera recordings, offering clarity on when, what, and how they record, as well as their pivotal role in accident claims. Types of Traffic Cameras in Charlotte County Much like the vigilant eyes of a lighthouse guiding ships safely to shore, our traffic cameras stand as sentinels over our roads. Here are the four main types you might encounter on your journeys: Red light cameras: Strategically placed at intersections, these cameras monitor for red light violations, capturing images or short videos of the offense to facilitate ticketing. Speed cameras: Designed to detect speed violations, these cameras, whether perched on poles or deployed in mobile units, record brief footage to identify and ticket speedsters. Traffic sensor cameras: Mounted atop traffic signals or poles, these cameras serve as the overseers of traffic flow, focusing on optimizing traffic light timings rather than recording incidents. Navigating the Limitations Understanding that traffic cameras do, indeed, record at times, we must also sail through the sea of limitations that may affect their utility in bolstering accident claims: Snapshots in Time: Most cameras only capture fleeting moments (typically, 12-second clips), which may miss the prelude to an accident. Narrow Gaze: Aimed primarily at capturing license plates, the field of vision of traffic cameras may not encompass the broader scenario of the accident, potentially omitting crucial contextual details. Ephemeral Evidence: In the wind like the leaves of autumn, video footage may only be stored for a brief period, emphasizing the importance of acting swiftly after an accident. Quest for Access: The treasure hunt to obtain footage can be daunting, as cameras may be owned by various entities, from individuals to the government, making it essential to know where to direct your efforts. The Value of Traffic Camera Recordings in Advocating for Accident Victims Despite their inherent limitations, traffic cameras can shine a light of undeniable truth onto the series of events that unfolded, highlighting: Traffic Violations: Evidence of transgressions such as speeding or running a red light from these cameras can decisively influence the establishment of fault. Visual Testimony: The power of visual evidence cannot be understated, offering a compelling narrative that can sway negotiations and court opinions. Deciphering the Unseen: For those involved in an accident, the sequence of events may be a blur; traffic camera footage can provide a clearer picture of what transpired. Navigating Your Journey to Justice Faced with the aftermath of a traffic incident in Charlotte County and wondering about the capturing capabilities of traffic cameras? Let Goldman, Tiseo & Sturges, P.A. illuminate the path ahead. Our deep-rooted connection to this community and its legal landscape positions us uniquely to assist you in unraveling the evidence necessary for your claim. If the road you travel seems fraught with uncertainty, remember, you're not journeying alone. Contact Goldman, Tiseo & Sturges, P.A. to anchor your trust in a team that navigates with precision, compassion, and a relentless pursuit of justice in Charlotte County and beyond.
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