Q: If I want to sue someone who was given my dog without my consent roughly how much would I need to cover the costs?
The dog was given away without my consent 2 years and the person still will not return her - I have papers of ownership - I believe I can sue but I need to know if I can afford it before I start.
A: Before you sue for return of the dog, you legally must submit a demand for its return, which should be in writing with proof of receipt of the demand letter. If you hire an attorney to do the demand letter, perhaps it would work. If the demand doesn't work, you need to file what's called a replevin suit, seeking the return of your personal property. That's best done through an attorney, which probably would cost you somewhere between $1,500 and $5,000 (you should seek 2 or 3 fee quotes). You do have the option of filing it yourself, and your court costs would likely be around $450, and if you prevail, the Court would award you those costs, to be paid by the defendant. If you represent yourself, however, you need to study and understand the replevin statutes in the Florida Statutes (Chapter 78), as well as the Florida Small Claims Rules. The statutes and rules are on-line.
Bruce Alexander Minnick agrees with this answer
1 user found this answer helpful
A: Unless the dog is worth more than $5,000 you would be better advised to try to file a small claims action in the local county court. The Clerk of Court will explain the process to you; however, you will have to study the rules and research Florida law before filing the lawsuit--because your adversary might retain a lawyer.
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