Ask a Question

Get free answers to your Civil Litigation legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Florida on
Q: Can I take an individual to small claims court if they agreed via text message to pay for a concert ticket

I took an individual to a concert and paid for a ticket for them, offering to pay for this ticket. This person verbally agreed to pay me back, and was unaware of the ticket price when being bought. A week later we ended things between us and I demanded the payment back, to which over text message... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 19, 2024

You'd have a valid claim if "offering to pay for this ticket" means that from the git-go, it was an agreement for you to obtain the ticket on the condition he/she pay you back for it. If "offering to pay for this ticket" means making a gift of the ticket, you would not... View More

0 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: GUY WONT RETURN MY TRUCK - AGREEMENT EXPIRED!!!! Florida. What do I do?!

I have a leased vehicle. I went through the transfer of loan process with a guy interested in buying the truck, here in Florida. We had a signed agreement that he can use the truck from May through the end of the transfer process. He paid the amount of the truck payment until the process ended. He... View More

0 Answers | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Florida on
Q: Is there a way to get an injunction against someone interfering in child custody w/o domest violence? What form?

Paternal grandfather who has no rights to custody is with holding my child from me. The police won't enforce our court order because child is refusing to come home willingly. They stated it must say removable by force, not enforceable by law. Grandpa has encouraged his behavior telling him he... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Where do I find the form for filing a motion for new trial in Martin county Florida

I need to file a motion for a new trial based on the based on the fact that the plaintiff attorney went off the rails and closing arguments and called me a con man

Charles M.  Baron
Charles M. Baron
answered on Nov 8, 2024

The Court is unlikely to have a template form for that - but to be certain, ask the Clerk's Office and/or search for all online forms provided by the Clerk of Courts for the 19th Judicial Circuit of Florida. I'd be surprised if they have a motion for new trial form. Your best bet is to... View More

0 Answers | Asked in Civil Litigation and Criminal Law for Florida on
Q: What happens if you go to jail on drug charges? That were brought on from a traffic stop.

Was pulled over for traffic citation. I'm having too dark of a tent. Police officer then asked if he could search the vehicle. I said no, they brought a canine out. They found drugs got arrested for it went to prison 18 months for it. But while in prison, the citation for having illegal tent... View More

1 Answer | Asked in Car Accidents and Civil Litigation for Florida on
Q: Can employer be liable for damages to a parked employee's car in the parking lot caused by their abuse shelter resident?

Daughter works for an abuse shelter. Her car was backed into and damaged while parked in company parking lot as she was working on the clock. An abuse shelter resident reported hitting the car. Shelter resident says they just recently got driver license back, but has no auto insurance. Suggested... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 4, 2024

In that scenario, the company running the shelter would not be liable for the vehicle damage unless it was somehow foreseeable to the company staff that allowing the resident to drive in the parking lot would create a risk of damage - for example, if the resident had a bad traffic record that... View More

0 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: Do I have to pay someone back for a vehicle when they won’t tell me how much I owe?

Approximately 6 or 7 years ago, my then-boyfriend purchased a vehicle for me, but kept it in his name. He allowed me to continue to drive it after we broke up, and also paid for a couple of repairs, and the insurance for about a year when I could no longer pay it. Finally, in January of this year,... View More

0 Answers | Asked in Personal Injury, Civil Litigation and Libel & Slander for Florida on
Q: If a defamatory statement also contains the disclosure of private facts, can you sue for invasion of privacy too?

When private facts are disclosed to convince others that a defamatory statement is true, or are disclosed alongside defamatory statements for any reason, does this constitute a separate action that can be sued for?

1 Answer | Asked in Personal Injury, Civil Litigation and Libel & Slander for Florida on
Q: In a Florida defamation case, would a defamatory email sent to a fake boss be admissible to argue against good faith?

If a party accused of defamation sent a defamatory email to who they believed was the victim's boss, but this email was sent based on information from a website that the victim put up to see if their defamer would contact their bosses if they stopped being private about who they work for,... View More

Linda Liang
Linda Liang
answered on Oct 28, 2024

This could be a good argument because the "boss" may not count as a third person. Do you have an attorney? The defamation case is super complicated. You may have other defenses based on the fact, such as it is your opinion, you are telling the truth, or you have the privilege to talk... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Civil Litigation and Insurance Bad Faith for Florida on
Q: Is police bias and intimidation reason to sue.

The incident involved 3 separate depts. I was the victim but the other person called since I had no phone.

He stood in front of my car trapping me in a cult de sac. Stating he was about to get a pay check. Then he declared I ran over his foot. He intentionally placed his foot under the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 24, 2024

You may have grounds to sue if you believe you were treated unfairly by law enforcement, especially if there's evidence of bias, intimidation, or misconduct. If the police failed to investigate properly, ignored important details like the body cam footage, or treated you with bias due to their... View More

0 Answers | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for Florida on
Q: How long are car dealerships required to retain a copy of the contract if a pre-approval loan was not fully approved?

In my case, the dealership claimed that my pre-approval loan was declined due to unemployment after a month. They also claim they no longer have the contract or loan documents because the contract was voided and the loan was canceled. They keeping my down payment but Is it true that they are not... View More

1 Answer | Asked in Business Law, Civil Litigation, Personal Injury and Civil Rights for Florida on
Q: Business roped off the entire sidewalk and parking places on street while waiting to work on roof.

Pedestrians now must walk in road in traffic path, as even the curb areas are roped off. This is downtown. I called to see how long they anticipate the sidewalk being inaccessible and they told me however long it takes them and to just walk around it (in street with 30 mph speed limit and stuff... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2024

It's frustrating when sidewalk access is blocked without clear timelines. Typically, businesses need permits from the city to restrict public pathways, and these permits usually have time limits. If the work hasn't started or is taking excessively long, it might violate local regulations.... View More

2 Answers | Asked in Contracts, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I be evicted from a motel where I have maintained permanent residency at for almost 1 full calendar year ?

I moved in here December 2023 was offered weekly rates and told we could discuss monthly rates at a later date. After living here almost a year there have been a list of issues and safety concerns brought to the attention of hotel owner/manager and staff, minimal action was taken to address this... View More

Erik A. Perez
Erik A. Perez
answered on Oct 21, 2024

Yes, you can be evicted. However, it must be for a legal reason such as nonpayment of rent, failure to cure a maintenance issue, etc. Based on the information you have provided it, it is possible the landlord has failed to comply with the notice requirements for an increase in rent and/ or has... View More

View More Answers

0 Answers | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Florida on
Q: What are my legal options if there was an employment breach of contract regarding unused accrued Vac/PTO.

Family company bought out, but no new handbook given by new employer. Have an email stating I had 172 hours of accrued vacation/PTO would be honored until late 24/25 when would change to "use it or lose it." Prior handbook states unused accrued vac/pto would be paid with proper notice.... View More

1 Answer | Asked in Estate Planning, Civil Litigation and Landlord - Tenant for Florida on
Q: Can Trustee of family trust act as pro-se in law suit against tenant for unpaid rent/damages, without lawyer?

I filed eviction of tenant, as trustee of the family living trust. I was told I could do the simple eviction as a trustee of the family living trust, but I am not allowed, as pro se, to file for an additional complaint demanding unpaid back rent and damages. It said I need a lawyer to do the... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2024

Apparently you have already filed for possession and went to Court. The Judge is not going to let you sue for monies. Right or wrong, you are already in the middle of it. Get a Judgment for Possession at the next Court date, and get that occupant out of the Trust's property. I doubt... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: What are my next steps as plaintiff in an efile civil suit filed against a defendant who hasn't complied with a

Preliminary Conference order in NYS Supreme Civil court.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 16, 2024

That is a question of New York law, not Florida law.

1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Florida on
Q: I pay for insurance monthly it is a limited liability waiver included in my lease. Now that I need help with damages

Due to the hurricane The landlord is saying it doesn’t cover anything

Charles M.  Baron
Charles M. Baron
answered on Oct 14, 2024

Regardless of insurance coverage or lack thereof, the landlord is responsible for storm damage to the premises itself (but not the contents) - unless your lease states otherwise. For damage to contents, the insurance policy should state clearly in black and white what's covered and... View More

1 Answer | Asked in Personal Injury, Consumer Law, Contracts and Civil Litigation for Florida on
Q: Is it illegal to record your conversations with a car dealership in person without notifying them? In a 2 party state.

If I ask them to read the contract I signed for me. Can I secretly record that without telling them. If it’s not possible. Should I just go and inform them I’m recording. Even though they might get suspicious and lies.

Robert Edward Heyman
Robert Edward Heyman
answered on Oct 29, 2024

Under Florida Law, recording someone without their knowledge or consent is a 3rd Degree Felony. Don't Do It.

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Civil Rights for Florida on
Q: How much should i sue for in total? i just want a general idea.

I was misled by a salesperson at a dealership who promised approval for a $22,000 car with $3,000 down. Upon arrival, I was told I needed $8,000. The salesperson referred me to another dealership, where I paid $3,800 down. A month later, they requested an additional $4,000, falsely claiming my job... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2024

When deciding how much to sue for, start by totaling your direct financial losses. This includes the $3,800 down payment you made, the additional $4,000 they demanded, the $5,500 in unpaid tuition, and the wages lost over two months. Adding these amounts gives you a baseline for your claim.... View More

3 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Civil Rights for Florida on
Q: Does the fact that I couldn’t afford therapy strengthen my emotional distress claim?

I plan to visit the dealership again to secretly record conversations regarding the $3,000 down payment, terms of financing, and other details for my case.

As Florida is a two-party consent state, I am concerned about whether it is legal to record these conversations inside the... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 8, 2024

You first posed a question about the affect of not affording therapy on an emotional distress claim, and you then stated a concern about recording a conversation, which I take to mean a question asking if you can record in the setting you described without asking permission. You did not connect... View More

View More Answers

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.