No Expectation of Privacy for Facebook Photos

Privacy for Facebook photosA picture is worth a thousand words… especially to a Jury… especially when you posted it on Facebook yourself.

A recent decision from the Florida Fourth District Court of Appeals regarding a personal injury cases states, “If a photograph is worth a thousand words, there is no better portrayal of what an individual’s life was like than those photographs the individual has chosen to share through social media before the existence of any motive to manipulate reality. The photographs sought here are thus powerfully relevant to the damage issues in the lawsuit.”

Even if you have your privacy setting set to the maximum privacy available, nothing you put on Facebook or the internet is ever 100% private.

The Court opinion in this matter said, “By creating a Facebook account, a user acknowledges personal information will be shared with others, the court said, as that is the very purpose of social networking. Facebook itself does not guarantee privacy.”

The Plaintiff in the above matter claimed that she had a reasonable expectation of privacy for Facebook photos and that they were not “discoverable” (meaning that they should be provided to Opposing Counsel during the “Discovery Process” of litigation).

The Court disagreed and allowed them into evidence.

This lesson on expectation of privacy for Facebook photos is no longer just for teenagers and children. Adults, especially professional adults, must realize that there is very little, if any, expectation of privacy on the internet.

If you do not want someone to read or see something, then do not post it.

How to Collect Money for a Foreign Judgment in Florida

Collect money for a foreign judgment in FloridaIf you have won a lawsuit and obtained a Final Judgment in another state or country against an individual who lives or owns assets in Florida or against a company that is domiciled in Florida, then you must go through the Florida domestication of foreign judgment process in order to collect the money owed to you from the foreign judgment.

The timeframe to collect money for the foreign judgment may vary, as it is a litigation process, but if the defendants to not file an objection and no unforeseen complications arise, the process will be much simpler than the original litigation process in which you obtained the Final Judgment. This is because there is usually no dispute over the facts of the case, but is simply a Court-mandated process that you must adhere to in order to collect money for a foreign judgment in Florida.

In order to collect money for a foreign judgment in Florida, the judgment must be recognized by the Florida courts. From there, Boyer Law Firm, P.L., can assist you to collect money for a foreign judgment in Florida through several methods, including the garnishment of bank accounts, garnishment of wages, liens on real or personal property, and more.

How to Handle a Florida Business Dispute

Florida business disputeNo business wants to get sued or become a part of a lawsuit that could have been avoided. Florida business disputes are settled much more pleasantly when the proper actions are taken before, during, and after the incident arises. In addition to avoiding litigation, the following tips are business practices that all entrepreneurs should implement to ensure professionalism, consistency, and customer satisfaction in their business:

1. Establish and maintain good relationships with employees, customers, suppliers, and business partners. A dispute will be much easier to settle outside of court if you maintain a good relationship with the opposing party. Litigation often causes rifts in relationships, and the need to avoid these rifts could aid you in avoiding litigation.
2. Know who you are doing business with. Persons and businesses with a history of entering into litigation are much more likely to engage in litigation in the future when a Florida business dispute arises.
3. Put every agreement in writing and do not sign a contract or agreement unless you know what you are signing. This will ensure that both parties understand both their responsibilities and the responsibilities of the other party. Additionally, if the agreement is in writing, then the parties will be able to refer to the agreement if a Florida business dispute arise. It is usually a good idea to have an experienced Florida contract attorney draft or review the agreement before you sign the document.
4. Purchase orders and standard agreements are another form of contract, and it is equally important to ensure these documents reflect your current business practices and the most recent laws. A Florida contract attorney will be able to properly review and revise these documents for you and your company.
5. You should maintain written files and documentation of your business relationships. If the relationship is not properly documented, then a “he-said, she-said” situation can easily arise and cause confusion. If a Florida business dispute should arise that requires litigation, this document trail will be important evidence in the process.

When a dispute arises, it is important to address the issue immediately so that it does not escalate. Many cases that proceed to litigation could have been avoided or settled if properly handled from the onset. One of the best examples of this is when a customer complains. The manner in which you handle this complaint could not only keep your company out of litigation, but it offers an opportunity for your company to exemplify its customer service. If you are able to transform a disgruntled customer into a happy customer, then they are much more likely to use your business in the future.

Source: Business Journal

Collect on a Foreign Judgment in Florida

Foreign judgmentIf you have received a foreign judgment in another state or country and the defendant owns property or other assets in Florida, then Boyer Law Firm, P.L. can assist you to domesticate the judgment to Florida. This will allow you to collect the monies owed to you.

A judgment issued in another state can be domesticated in a Florida Court. This is due to the Florida Domestication of Foreign Judgments Act.

Once the foreign judgment has gone through the domestication process, it will be recognized by the Florida Courts System, and a Florida Final Judgment will be issued. This final judgment will allow us to collect the monies owed to you. This can be done through placing a lien or garnishment on the property or other assets of the defendant.

A lien is an official claim or charge placed on a property for payment of a debt.

A garnishment is the process of petitioning and obtaining a court order directing a third party (usually a bank or employer) to hold funds of the debtor in order to pay the monies owed to the creditor (plaintiff).

In order for these monies to be collected through the Florida Court System, the defendant must have property or other assets in Florida.

Collect on a Final Judgment in Florida

Florida Final JudgmentScenario: You sued someone and won! Congratulations!

Now, how do you get your money? It is more than likely that the opposing party is not going to just hand over the money, otherwise there would not have been a suit in the first place.

The judicial system has accounted for this by allowing prevailing parties and attorneys to collect the monies through liens and garnishments. However, in order to place a lien or garnish wages in Florida, the judgment must be a Florida Final Judgment.

There are two ways to obtain a Florida Final Judgment:

  1. The case took place in Florida and a Florida court issued the judgment
  2. A final judgment was entered in another state or country and the judgment was domesticated to Florida.

If you have a judgment in another state or country, you should hire an attorney experienced in domesticating foreign judgments, as properly enacting this legal procedure is vital to being able to collect monies through a lien or wage garnishment.

If you have received a final judgment against a person who lives, works, or owns assets in Florida, then contact Boyer Law Firm’s international law attorneys today.