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Questions Answered by Greg Jean-Denis - Justia Legal Answers

• 23 March 2011Q: I was given a gift and now my girlfriend wants it back, do I have to give it to her?
  A: The answer is maybe. She may disagree as to whether it was a gift. It will depend on the totality of the circumstances and what was the intent of the parties. If it ends up in small claims court, you will probably end up mediating this matter with her to come up with a solution you both can live with.
• 23 March 2011Q: Do I need to file a motion to obtain dissolution of writ of garnishment if plaintiff not time on my claim of exemption?
  A: By statute, the court should dissolve the writ of garnishment if the plaintiff did not timely file their affidavit under Florida Stat. 77.041(3) contesting your claim of exemption.