Deltona, FL asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Florida

Q: Should I file a small class action suit or replevin? Am I entitled to any additional damages?

I paid an ac co. $6000 for a system and install. They installed everything excepts ducts then refused saying there were spiders in crawlspace. They said they would take everything, keeping $1000 for their time. I told them I now owned the equipment and not to take it unless I got a full refund. They came early in the morning, cut all the lines, taking everything. They texted me a check was in the mail. I got an email today stating they were sending $5000 of my $6000 back. Since any labor they did was null after taking everything and they took the equipment I dont see why I should be charged anything as well as I paid in full so the removed equipment was mine. If they send the $5000 should I sue for the difference. Do I need to file replevlen first? Am I entitled to any other damages as this has cost 2 months and will cost more to start over?

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: If you sue them for the $1,000 they are trying to keep, replevin would not make any sense, you would not be out they money you paid them. You might want to talk to an attorney to see if any "other damages" would be practical.

A class action suit would probably not work. It's complicated, so I suspect that judges probably wouldn't certify a class action by a pro-se plaintiff.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.