Orlando, FL asked in Consumer Law, Contracts and Small Claims for Florida

Q: Hello, we are in need of legal advise as to whether we should sue in small claims court.

We hired a couple to do epoxy floors on our garage floors. They said their product came with a 6 year warranty. We paid them $800 and after a month, the flakes started coming up. We contacted them to fix the issue and it was one excuse after another. They offered us a refund and to re-do our floors. We scheduled a date and time and the day before, they cancelled. They did this numerous times. We have tried contacting them several times, all to no avail. We found them on Facebook and we noticed they were once again advertising their epoxy floor services. We sent them a message on messenger and they blocked us. We are wondering if it would be worth taking them to small claims court for the refund they agreed to give us. We have all of that documented in addition to the suppose warranty. We were also wondering if we could be reimbursed for the filling fees to file in addition to our money we paid them. Thank you.

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Yes, if you obtain a judgment against them, you would also be awarded your costs, which normally include your filing fee and what you pay for service of process.

Charles M. Baron and Bruce Alexander Minnick agree with this answer

Barry W. Kaufman
Barry W. Kaufman
Answered
  • Consumer Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: The only avenue open to you, with any chance of success is small claims court. If you prevail to judgment, you are entitled to costs. Make certain that you sue the correct legal entity. Many clerks have information and forms on their websites. You can find the Florida Small Claims Rules online.

Bruce Alexander Minnick and Charles M. Baron agree with this answer

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