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Florida Small Claims Questions & Answers
1 Answer | Asked in Personal Injury, Car Accidents and Small Claims for Florida on
Q: I finally got a court date for a small claims case. Would I be able to request to appear virtually? I'm the plaintiff.

I live in Atlanta. The case is in Orlando.

Charles M.  Baron
Charles M. Baron answered on Jul 26, 2021

You can certainly request it, but to find out whether the judge would consider it, call the judge's judicial assistant and ask him/her. You might be required to file a motion to make that request and to set your motion for a telephonic hearing. Or you might be told, "no, you filed suit... Read more »

1 Answer | Asked in Personal Injury and Small Claims for Florida on
Q: I'm pregnant and ate yogurt that was spoiled that I baught today what can I do
Charles M.  Baron
Charles M. Baron answered on Jul 20, 2021

You did not say if you got sick from the yogurt. If you did, and you went to the emergency room or an urgent care center, save the yogurt and promptly consult an attorney. If you did not get sick, your remedy is a refund from the store.

1 Answer | Asked in Civil Litigation, Criminal Law and Small Claims for Florida on
Q: Criminal law: is it illegal for me to tow a car that is registered to me to regain possession if I loaned it out

If I let someone use my car but then I change my mind and I ask for them to return it and they refuse, is it illegal for me to have it towed?

Henry George Ferro
Henry George Ferro answered on May 26, 2021

Based on what you are saying, I would say you are safe…you may wish to ask for law enforcement to assist you.

2 Answers | Asked in Divorce and Small Claims for Florida on
Q: Can I take legal action against my ex-husband for not refinancing the house?

My ex-husband and I have been divorced since August 2017. In the divorce settlement, which we did without lawyers, he was given the asset of the house, with the intention that he would refinance (removing me from the mortgage). Since then, he has refused to refinance every time I ask him about it.... Read more »

Mr Eric Klein
Mr Eric Klein answered on Apr 13, 2021

Assuming the settlement agreement stated he would be required to refinance, then yes. File a Motion to Enforce the Final Judgment. Serve him with the papers and you're off and running. If the settlement agreement is silent as to the refinance, you may have to file a petition to partition the... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Small Claims for Florida on
Q: I have a car that my friend had used her driver license in North Carolina to get me a car I just put the money up front.

She’s being nasty and wants the car back. I moved too Florida with family and I don’t have a way to get back down here if I go up there and the car is titled and registered too her and she just won’t come and get her car so if I hypothetically got towed for parking could it or she come after... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 7, 2021

Sounds like you trusted the wrong person. The car is legally hers. If it was purchased in North Carolina, and you then drove it to Fla., you are at risk of her reporting it stolen, and you getting arrested for theft. You should immediately confirm with her, IN WRITING, the "deal" you... Read more »

1 Answer | Asked in Collections and Small Claims for Florida on
Q: I did some work on a yacht ($300) and found out the owner sold it and never paid me. What can I do? Is it even worth it?

I found out Friday afternoon the owner had an offer on his boat and was closing the following Monday. I told the yacht broker about the situation and he said to email him the invoice ($300) and he would take care of it at the closing. Of course he never did. Is there anything I can do? Is it even... Read more »

Charles M.  Baron
Charles M. Baron answered on Mar 23, 2021

You may sue whomever you did the work for in small claims court, and you could first try sending a demand letter stating you will file in small claims court if not paid. Whether it's worth your time is a question only for yourself to answer. You'd have to find out from the Clerk's... Read more »

1 Answer | Asked in Criminal Law and Small Claims for Florida on
Q: Can I file charges of theft or sue somebody for not delivering a puppy

Two weeks after conception the neighbor claimed she had a sonogram done and we were expecting 8 to 10 puppies in the litter I did not believe this was true you need 21 days to have an Acurate sonogram so I offered and insisted on getting a second opinion with my vet, the neighbor was reluctant and... Read more »

Tom Murphy
Tom Murphy answered on Mar 21, 2021

Yes, you can sue her. She offered the puppy, you accepted the offer, and provided her with consideration in the form of money, and you also took the action of neutering your dog based on her reassurance.

1 Answer | Asked in Criminal Law and Small Claims for Florida on
Q: Can I file charges of theft or sue somebody for not delivering a puppy

Two weeks after conception the neighbor claimed she had a sonogram done and we were expecting 8 to 10 puppies in the litter I did not believe this was true you need 21 days to have an Acurate sonogram so I offered and insisted on getting a second opinion with my vet, the neighbor was reluctant and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 20, 2021

No, since the puppy was not in your possession, the neighbor can't be charged with the crime of theft. However it does appear that you have a civil case for specific performance of the contract.

1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: I am wanting to file a civil small claims law suit against my children’s father for stimulus money he received

He filed our children in 2019 on his taxes and has stopped providing for them since December 2019. He received the stimulus payments in 2020 for the children and the most recent payment a total of 4600 and he has not provided anything for them for the past year because of unresolved issues between... Read more »

Charles M.  Baron
Charles M. Baron answered on Mar 19, 2021

This issue should be addressed to the Family Court, along with whatever other issues you need addressed in that Court. If you don't already have a Family Law attorney, immediately consult one. If you cannot afford one, immediately reach out to your local Legal Aid/Legal Services office that... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: Do I sue owner of home for debt owed on repairs in their home or their rep who we dealt with?

We are a small business and did some repairs on a home in Naples, FL. Our business is in a different county. Do I file suit in our county or theirs? ...and we dealt with a person who was the owner's representative and never dealt with the owner. Now he refuses to pay. Do I list the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 23, 2021

You would sue in the county where the home is located and the work was done. You would probably want to sue both.

3 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: What should I do if I am served with a summons but no complaint?

A summons was “served” to my address to someone else in my household. The papers were dropped in the street by the process server without identifying me or even the household member’s identity. They just said they were looking for me and had seen a “lady” outside my house. My household... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 30, 2020

If you want to find out what the case is about, you can contact the clerk of court for the Florida county where your case was filed, or look it up at the clerk's website.

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1 Answer | Asked in Gov & Administrative Law, Internet Law and Small Claims for Florida on
Q: Can I do this without being an attorney/law firm?

I want to start a small company where I send demands (seeking settlements) to companies for violations of u.s. telemarketing laws...I have seen places that help with accidents that arent actually law firms, am I able to do something similar but with telemarketing?

Charles M.  Baron
Charles M. Baron answered on Dec 13, 2020

No.

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Florida on
Q: I live in Aus. A business in Florida accepted a 500$ deposit towards a future purchase, have sought a refund, ignored.

Advice provided.

Charles M.  Baron
Charles M. Baron answered on Nov 18, 2020

You definitely can file a small claim, and during the pandemic, Fla. courts are doing everything remotely (video or telephonic hearings). However, when the time arrives for them to start up in-person again, you might have a problem. The first stage in small claims, after filing and serving the... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: My mom got a car loan under her name for a vehicle for me, i paid every month for the vehicle and paid it off, my mother

Is demanding the car back, claiming that since the cars title is on her name still she rightfully owns it.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 24, 2020

Hopefully you have a written contract with her. If not, you might have problems.

1 Answer | Asked in Small Claims for Florida on
Q: US Code 38 chapter 5301 (a). Veterans rights against creditor claims & judgements.

Morning, I have Jefferson Capitol Systems, original creditor, and xxx attorneys for plaintiff still pushing for a garnishment and or judgement against me regarding an old bill from 2016. Oct 29th I have a pre trial court date via zoom. I have submitted to court, a petition added to my case on... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 21, 2020

Whether your assets are exempt from execution is one issue; whether a judgment against you is quite another. The purpose of the pretrial conference on the 29th is to determine whether you owe the money and whether a judgment should enter. Only after that happens, and the judgment creditor tries... Read more »

1 Answer | Asked in Small Claims and Collections for Florida on
Q: If i signed a written agreement is there a way to cancel it? Or is it a done deal?

If i signed a written agreement but havnt made a payment, is there a way to cancel it or once its signed is it a done deal? It was for a old bank account about 8 or more years ago

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2020

Not possible to tell without more info and a copy of the documents you signed.

3 Answers | Asked in Contracts and Small Claims for Florida on
Q: While incarcerated a friend paid a retainer w/my check to the wrong lawyer who did nothing can I get that money back?

I was recently incarcerated due to a warrant for violating probation (reckless driving case) Unbeknownst to me, my friend retained the wrong attorney & paid him $2,500 with one of my checks. The only thing he did was file a Notice of discovery and lied about having a court date the night before... Read more »

Linda Liang
Linda Liang answered on Oct 2, 2020

I think you have right to get your money back because there is no engagement agreement and he did not do any work.

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2 Answers | Asked in Criminal Law, Arbitration / Mediation Law, Civil Litigation and Small Claims for Florida on
Q: I sold a trailer but because of a EMERGENCY I had to leave state before I could give him his trailer.

Now I have to stay longer than expected. If we made an agreement on payments to pay him back, could he have me arrested of I fail to make payments on time?

Henry George Ferro
Henry George Ferro answered on Sep 22, 2020

Sounds very problematic and you need to either give the money back or get him his trailer immediately...depending on the value of the trailer you could be charged with either a felony or misdemeanor (probably a felony).

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2 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for Florida on
Q: bank account garnish in small claim court in Polk county, where I live years ago.

when I found out my money was frozen that was giving to me, I did not know what to do. I did not know my rights. so, my husband file a emergency bankruptcy to get a stay. Not knowing I would have a right to ask for a claim of exemption and request for hearing in the court. We didn't file the... Read more »

Victoria Morales
Victoria Morales answered on Sep 16, 2020

Once a bankruptcy case is dismissed, the Bankruptcy Court will not look any further into it, there is no case.

You do not specify under which classification you are entitled to an exemption of claim. If you are able to bring the evidence that proves your entitlement, then the Judge is...
Read more »

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1 Answer | Asked in Small Claims for Florida on
Q: A person is stating they left 3 pairs of shoes at my house. How do I defend myself in small claims court?

The police were called and stated on their report that the person got all of their belongings. They were no shoes left at my house

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 24, 2020

If you are actually sued for 3 pairs of shoes, you would defend yourself by testifying that the shoes were not left there.

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