Q: Could I argue lack of subject matter jurisdiction to get a case from a debt collection agency dismissed?
In the claim, they listed Count 1 $6935, Count 2 and 3 $7586 for a total of $14,521. Both Count 2 and 3 (unjust enrichment claim) list that amount, so the total of the claim is really $22,107. The increased total means the case was opened in the wrong court. Florida, case opened in civil, when it should have been circuit. Could the Plaintiff stop the dismissal by saying it was a mistake, or will the letter of the law be followed?
A: Thr unjust enrichment claim is separate and distinct from any other claims. You don't add them. Even if they made an error, the case was properly brought in county court. The limit in county court is $50,000. Subject matter jurisdiction is not in play.
Terrence H Thorgaard agrees with this answer
1 user found this answer helpful
A: You can file a motion to dismiss if the claims are over the county's court's jurisdiction. However, Florida's circuit court limit is now $50,000.
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