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Can you give me some more information regarding what the charges are for? What type of business that you have and are these income taxes? sales taxes?
Can you tell me what type of court hearing this is -- a regular superior court hearing?
Hello again Clyde -
They are permitted to pursue those parties that they believe owe monies or are assessed these monies during the entire statutory period of limitations for collection that they are granted by the FL state legislature and using traditional defenses such as laches (they waited too long) do not work against state and federal claims against the business - but I am going to opt out and put this question back onto the board so that a FL attorney can confirm this for you.
To clarify further for the next person. This isn't a criminal case. I was served an Administrative Complaint by the Florida Department of Finance. They investigated us for 8 months from June 2010 to February 2011, then disappeared. I left the company and haven't ben there in 18 months. I got 'served' yesterday. I am broke. During the investigation, I had more than enough funds to hire a lawyer, now, the last of my cash, if I used it for an attorney, would leave me with nothing.
I realize my mention of laches only applies typically to fiscal damages in something like an IP case and I doubt statute of limitations doesn't apply because my old partner kept taking new clients up through last month and I did not know.
The complaint claims that we were not licensed under 494 statute (governing mortgage brokers) and could not collect an up front fee. We weren't doing loan mods, but essentially, that's the claim. We fought them, disputed all their claims, they let us go. I feel like this is a witch hunt 18 months after the fact. No evidence they collected recently has any bearing on what they already knew.
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