Gulf Breeze, FL asked in Civil Litigation and Small Claims for Florida

Q: What type of attorney would I retain for a small claims issue?

My ex boyfriend refused/refuses to return my fathers ashes. I live in Florida and he lives in Texas, and with the covid travel restrictions I cannot travel there to file a claim against him myself, but I’ve read an attorney can do so for me. He’s said the ashes were disposed of but I can’t know for certain and I would like to sue him for their return or in lieu of them the max amount small claims will allow, which I’ve read is $10,000 for the mental anguish this has caused me. Thank you

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: Whatever type of attorney is needed, he/she must be a member of the Texas Bar in order to represent you in Texas court. Unless your ex took the ashes from Fla. to Texas, he would have to be sued in Texas. Also, if Texas Court's operate the same as Florida's, you don't have to appear there for FILING the claim (you could file electronically or by mail), but you would of course have to appear for any hearings or trials that are set (if representing self) - and many courts are doing on-line videoconference or phone proceedings while we're still in the Covid crisis. If you are represented, an attorney could stand in your stead for certain proceedings, but NOT for trial where your testimony is needed. Regarding the amount recoverable by law, that would be governed by Texas law (if you must sue there). Search for a personal injury or general practice attorney.

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