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Florida Small Claims Questions & Answers
0 Answers | Asked in Contracts, Construction Law and Small Claims for Florida on
Q: Can I get me deposit back if a contractor withdraws from the contract before the permit is approved or NOC filed?

My contractor has elected to withdraw from our contract stating that he did not get access to the property and that I refused to make the second payment. I paid the required deposit of over 1/3 but withheld the 1st progress payment as I believe he is cutting corners. During the demo he cut through... Read more »

0 Answers | Asked in Contracts and Small Claims for Florida on
Q: Can I hire another contractor to repair at original contractor's expense?

Repair done on wood facia incorrectly. Contractor contacted several times and made appointment to repair. No show. This has been going on for 4 weeks. Animals are going into attic (squirrels, wasps). We live in the country.

0 Answers | Asked in Consumer Law and Small Claims for Florida on
Q: Need help cancelling an extended warranty that we bought with a new RV. Dealership refuses to respond now.

We submitted all forms to dealership within a week of purchasing the RV. It broke down 2 hours after we left lot. Waited 12 hours for a tow. Had to pay for a hotel which we never got reimbursed for. It has been 5 weeks and we keep getting told different stories. We asked for proof this was canceled... Read more »

0 Answers | Asked in Consumer Law and Small Claims for Florida on
Q: Need help cancelling an extended warranty that we bought with a new RV. Dealership refuses to respond now.

We submitted all forms to dealership within a week of purchasing the RV. It broke down 2 hours after we left lot. Waited 12 hours for a tow. Had to pay for a hotel which we never got reimbursed for. It has been 5 weeks and we keep getting told different stories. We asked for proof this was canceled... Read more »

0 Answers | Asked in Contracts, Criminal Law, Animal / Dog Law and Small Claims for Florida on
Q: I trusted a friend to watch my dog while I recovered from an injury and found work. She will not return my dog.

I filed a civil suit against friend and on Monday I had a pretrial. Without my consent or knowledge friend had my dog undergo surgery. Additionally she chipped my dog without my consent under her name. The mediator met with her lawyer and I. Days before court her lawyer made a motion to dismiss my... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: What is the procedure after you loose in small claims ? How does the winner collect the money ?
Charles M.  Baron
Charles M. Baron answered on Apr 26, 2022

If you are sued in small claims court and the plaintiff is awarded a money judgment against you, you have 30 days to either pay or appeal. If you don't do that (or if you file an appeal without obtaining a stay), you will likely be required to complete what's called the Fact Information... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: I’m suing my veterinarian. In this case, should I name the vets personally or sue their practice/company? Or both?

It’s a VCA hospital but I can’t figure out whether to name the defendant(s) as the veterinarians individually or the company they work for, or both. Any reply I’d appreciate.

Charles M.  Baron
Charles M. Baron answered on Apr 24, 2022

Since you are asking this question, I assume you are representing yourself, and that you have not consulted with a lawyer to give you guidance on self-representation. If so, your case is almost certain to be dismissed because most lay people do not know what proof is necessary to prevent the case... Read more »

2 Answers | Asked in Small Claims for Florida on
Q: I live in a gated community next to a golf course. A golfer broke an expensive stained glass window with a golf ball.

The replacement cost ended up being over $2,000, of which our deductible was $1,000. I caught up with the golfer who agreed to pay my deductible, but gave me a fake name & address. I found out who he actually was & gave the information to my insurance company. The insurance company mailed... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 20, 2022

Yes, the chance of you personally winning or losing in any small claims court is the same: 50/50

If you hire an experienced lawyer to represent you, the chances of winning are markedly improved, but not certain.

P.S. Lose the argument about the golf course scorecard helping you...
Read more »

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1 Answer | Asked in Small Claims for Florida on
Q: Can I sue a photographer for bad pictures?

I had recently hired a photographer to take pictures for my mother birthday. It took the photographer two weeks to send the pictures when we were promised 5 days. Then the pictures were rushed and properly edited. I want to know if I can sue even if it’s small claim court. I had paid $280 for... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Apr 9, 2022

You can always consider a small claims case as it goes up to $8000, think about the time, effort and cost involved and then if you can really win. You need to pay filing fee and then for service of process, all over $280. I would advise that you try to nicely ask them to take a look at the photos... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: Can I take a car dealership to small claims if I signed an arbitration agreement? I’m in Florida.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 5, 2022

No, if you agreed to arbitrate any problem you cannot go to any court.

1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: can i leave a bad review for a contractor that walked off the job w/o deformation/slander charges?

contractor walked off the job, demanded more money after being paid in full before finishing the job, shabby work, refused to finish work before being paid more money that the signed contract stated, didn't finish the work from original contract

Michael  Mayoral
Michael Mayoral answered on Mar 16, 2022

Generally speaking, "truth" is a defense to any defamation claim. It isn't defamation to make a true statement about someone.

1 Answer | Asked in Small Claims for Florida on
Q: I sold a vehicle in Florida. I signed the title and turned in the plate and proof of sale to the tax collectors office.

The new owner has not transferred the title into his name.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 15, 2022

If more than a week or ten days have passed since you sold the car this might be evidence of a problem.

However, the new owner of the car might be taking it out of state.

But just to be sure it doesn't come back and bite you, you should report this to DMV,

1 Answer | Asked in Small Claims for Florida on
Q: I have loaned a friend $14,26183 for pass due property taxes in Albany Ga. Can I take her to court for that amount?

She wants me to wait until , she sells the house to pay me. I loaned her the money on 2/21/2020 and no repairs has been done on the house, or has it been put on the market. 2020 came and she asked me to loan her $4261.83 for those taxes. with the condition the it was only for a couple of days. That... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 14, 2022

Sure, you could sue her. Remember there is a statute of limitations, either four or five years, depending on whether you have a written agreement. If you fail to sue within that period, you may be out of luck. I would sue now, or at least demand a mortgage on the property. And refuse to sign... Read more »

1 Answer | Asked in Probate and Small Claims for Florida on
Q: What would I have to do to get my dad’s property & assets? 3 days b4 dying he transferred them N2 his sister’s name.

He had no will & was not married. He and his sister went to the county and transferred everything into her name. He died from cirrhosis of the liver, and any web search shows that cirrhosis causes confusion in late stages of disease right before death. Not that it matters, but my aunt has no... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Mar 9, 2022

I am very sorry for your loss on the passing of your dad. You would need to seek out a Florida Probate Litigation Attorney and discuss the matter with them with respect to your options. This would be related to undue influence and or your dad not having capacity to do what he did and related... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: I have two dogs that I owe $500 for that was verbally agreed to be paid today. Can she take them? Already paid 500.

We had a contract and I was supposed to pay in full on the 20th. I didn’t have it all and she agreed to take $200 on the 22nd which sh accepted and $500 today. Now she is saying I am breach of contract and she is coming with the police to take the dogs back and refusing the $500 payment I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 26, 2022

She would have to take you to court.

1 Answer | Asked in Civil Rights, Criminal Law and Small Claims for Florida on
Q: civil small claims action, taped it to my door and now I have 5 to reply. A law suit complaint.

My family including my deceased grandmother, my father & mother (alive) as of late my deceased uncle all had trusts. people whom surround my uncle who are posing as attorneys and real estate agents, threatening our tenants, claiming false statements. his late wife has been holding the books she... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 20, 2022

You seem to be asking two separate questions. Something about a rental premises, apparently held in trust. If someone else is the trustee, that person would probably have the right to receive the rent.

If you actually had been sued in small claims court, the summons and complaint could...
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1 Answer | Asked in Criminal Law and Small Claims for Florida on
Q: A PC that I was once in possession of has mysteriously disappeared in the house of some woman I do not know.

I was once the possessor of a desktop PC that my mother bought for me when I was 16. About a year ago, while in the midst of moving, my mom had stayed at a woman’s home. She brought some of her stuff over there, and just so happened to also bring along my PC (I was in a different state at the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 2, 2022

I am certain you can find a lawyer in Fort Lauderdale skilled enough to issue your mother for the return of your computer. However, doing so will cost you a pretty penny and will certainly not make your mom happy.

If I were you I would drop the subject.

4 Answers | Asked in Consumer Law, Small Claims, Bankruptcy and Divorce for Florida on
Q: My ex-husband is demanding I pay for a loan he got and I am not even on the loan.

My ex-husband cosigned a loan (sallie mae) for our daughter (who is a student and has mental health issues ). She is 23, is still studying (changed programs and college) and now they are getting billed $48,000 and he wants me to pay for it in its entirety since I was awarded our stocks as part of... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Feb 1, 2022

This answer is based on the law in Florida. You have no legal obligation to pay the loan. What you are describing is a moral dilemma because you are a parent that cares about your child.

Good luck.

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1 Answer | Asked in Small Claims for Florida on
Q: Can a gun store refuse to show me my receipt for a past purchase, which they legally must have record of.

They fraudulently sold me a lower value rifle in the place of a top tier rifle. I recently learned this because I sold the rifle to another man, and had to give him a refund. Now that the rifle has been shipped back, I've confronted the store owner, and they refuse to show me my receipt, which... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 4, 2022

Receipts are for customers such as you. I believe you will find that the federal requirement regarding the keeping of copies of such receipt is for the benefit of BATF, not customers. If you believe that you have been defrauded, failed to keep your receipt, and want a refund, it appears that you... Read more »

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