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Florida Small Claims Questions & Answers
1 Answer | Asked in Landlord - Tenant, Civil Rights and Small Claims for Florida on
Q: My landlord is witholding my security deposit illegally. I informed her in time and left the Apt. in optimal conditions

I took the apartment in uninhabitable conditions on February, 2023. Under the agreement to make the necessary repairs and pay a monthly rent of $1,634.00 adjusted to meet the cost stipulated by the Miami Beach Housing Authority (see attached agreement sheet) And that the total cost to be paid for... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're going through this difficult situation. Start by gathering all your documentation, including the lease agreements, communication with your landlord, receipts for repairs and treatments, and any photos that support your case. This evidence will be crucial in proving that... View More

0 Answers | Asked in Small Claims for Florida on
Q: I was conned out of my deed from a guy who has aceimnql history of this he claimed to get me a200,000 loan in my house s

I'd have to sing over the deed as soon as that was done he came here cut my trees and is trying to make me move out he gave me a phonr contract with a real lawyer that's in his pocket

0 Answers | Asked in Consumer Law and Small Claims for Florida on
Q: Bought a car as-is, ad states that specific repairs have been completed, but haven't. Is dealer still responsible?

Purchased a used vehicle "as-is" on 12/09/2024. The ad the dealer placed stated "Car is in perfect condition and needs absolutely nothing. All services are done, with new brakes and rotors." I took the car to my mechanic on 12/13/2024. He said that the front brakes were new, but... View More

1 Answer | Asked in Contracts, Criminal Law, Banking and Small Claims for Florida on
Q: I sold my camper van to a guy in south Carolina and I live in Florida. He canceled his check. What can I do

He paid $15,000 and $7,000 was a check. He canceled the $7,000 check and is refusing to pay me.

Erik A. Perez
Erik A. Perez
answered on Dec 5, 2024

You can send over a demand letter demanding he pay the balance. Usually, it is a little stronger when a demand letter is on a law firm letterhead. Alternatively, you can file in small claims court.

1 Answer | Asked in Civil Litigation and Small Claims 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

1 Answer | Asked in Consumer Law, Business Law, Collections and Small Claims for Florida on
Q: I paid for scooter parts online, but never received parts. what should be next step? less than $200 more than $100

gave plenty of time for delivery. sent email giving them a deadline (even gave more time on that) after waiting almost two months.

Erik A. Perez
Erik A. Perez
answered on Oct 9, 2024

You can send them a demand letter notifying them they have a certain time frame to deliver the goods or you will be filing suit on that date. Realistically, it is not worth filing a lawsuit for an amount under $200, so the demand letter should be used as a tool to begin negotiations. Additionally,... View More

3 Answers | Asked in Consumer Law, Small Claims and Bankruptcy for Florida on
Q: Am I required by Law to submit my payroll information for this credit card?

Hello, I have a credit card that I was not able to pay because I got sick. I did a virtual meeting recently with the judge and the creditor to make an agreement. I got sick again and I cant afford to make the $75 monthly payments. I received a letter from the court saying that I have to submit my... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 9, 2024

It looks like the plaintiff got a judgment because you failed to make the agreed payments. So yes, you are required to respond to the questionnaire (fact information sheet).

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2 Answers | Asked in Products Liability and Small Claims for Florida on
Q: Can I sue a private seller for telling me the car had a new water pump, when it is actually failing?

He claimed to have replaced the pump, that it has no mechanical issues, and the dealership told me the pump is failing and I need an engine replacement. I have physical proof of his claim, and the dealerships quote of 16k to repair the car.

Linda Liang
Linda Liang
answered on Oct 3, 2024

Have you changed the pump after they told you so? If so, you suffered the loss of at least the cost of a new pump. You can sue for them to pay you back.

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1 Answer | Asked in Criminal Law, Products Liability, Civil Rights and Small Claims for Florida on
Q: My friend lost my bag on a flight and doesn't want to get reimbursed for it.

My friend offered to take one of my bags home from Madrid (that contained clothing and a bunch of gifts for my kids) while I finished my Vacation in Europe. Her flight in Madrid was with Iberia. Then connecting in Miami (American) with final destination Orlando. She was tight getting on her... View More

James L. Arrasmith
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answered on Sep 24, 2024

It sounds like a tough situation, but there are steps you can take to seek reimbursement. First, contact Iberia or American Airlines directly to report the missing bag yourself, if you haven't already. Provide all the details, including the lost luggage report your friend filed, and emphasize... View More

1 Answer | Asked in Probate, Small Claims and Social Security for Florida on
Q: My father passed away without a will and the state is holding his last $1,800. Seeking advice for retrieval.

Possibly pro bono help since that’s literally all there is left. Needing to leave the area since I can’t make ends meet without his added income

James L. Arrasmith
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answered on Sep 6, 2024

I'm sorry to hear about your loss and the difficult situation you're facing. When someone passes away without a will in Florida, the process to retrieve their remaining assets, like your father's $1,800 held by the state, is known as intestate succession. Since the amount is... View More

1 Answer | Asked in Consumer Law, Business Law, Landlord - Tenant and Small Claims for Florida on
Q: Can I get my application fee back if the application was not complete?

I applied for an apartment and was asked to pay an application fee of $290. Later the management team had a server change and I was asked to pay the application fee again. It was $60 this time. I paid another $60 because the front desk said they could refund the money back through bank or credit on... View More

Erik A. Perez
Erik A. Perez
answered on Sep 17, 2024

Yes, you appear to have a viable claim against the management company. There are several causes of action that seem applicable. I think you need to apply some pressure, as I'm not sure what their intention was, but the optics aren't great for them and this could be seen as stealing. I... View More

1 Answer | Asked in Small Claims for Florida on
Q: A lawyer is contacting me about my days coin business for a deposition

Lawyer

So what is happening is my father who passed away in December 2022 had a coin reselling business. People would give my dad there coins and he would find buyers, sell them then give the original seller a percentage. I lived with him at the time and we rented an apartment. I had... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 14, 2024

If you had nothing to do with the business or the coins, tell him that, by submitting to a deposition if necessary. It appears that the lawyer simply wants to find out what happened.

2 Answers | Asked in Contracts, Landlord - Tenant and Small Claims for Florida on
Q: I hired a lawyer and sued my former landlord. We won. My lawyer has stopped helping me. How do I collect?

I don't know what to do?!?!

Charles M.  Baron
Charles M. Baron
answered on Sep 5, 2024

First step, if you haven't done it already, is to send the judgment to the defendant with a demand to pay by X date. If no cooperation, the next step is to request the Court to order the defendant to complete and execute a Fact Information Sheet, which is for assets/income disclosure (if the... View More

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1 Answer | Asked in Small Claims for Florida on
Q: I receive a notice that a small case claim filed again me has received a lack of prosecution notice.

The plaintiff file a notice of good cause and attempted a mediation session with me, but I let them know I would not be able to attend. They filed a failure to appear for mediation report and there is a status hearing for the case in August, the notice says if I want the cased dismissed I am not... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 22, 2024

No. You don't need to attend the lack of prosecution (LOP) hearing. The chances are that a default judgment will be entered against you unless you contact the plaintiff and settle the case by the August status hearing.

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights, Small Claims and Health Care Law for Florida on
Q: Is there a law that prohibits a person from entering into a hospital? I received a Cease and desist letter.

I visited an Emergency room as a patient. I was subjected to Blood borne substances, unknown fluids and used bed sheets. When I filed a complaint, an Attorney wrote a letter stating I am not to enter into the hospital until this dispute is investigated. So, in essence am I being denied medical... View More

James L. Arrasmith
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answered on Jun 26, 2024

Based on the information provided, here's an analysis of the situation:

1. Generally, there is no law that broadly prohibits a person from entering a hospital. Hospitals are typically open to the public, especially emergency departments which are required to provide emergency medical...
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1 Answer | Asked in Small Claims for Florida on
Q: I live in FL, could I sue a mechanic for refusing to refund a $400 deposit due to him no-showing to our appointment?

This is a mobile mechanic, there was no written agreement but more so a verbal agreement that he'd show up to work on my vehicle on Sunday at 9am, he barely answered any calls or texts throughout the day, I advised him that if the work didn't get completed on Sunday, my car would be... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 11, 2024

If so motivated you can take him to small claims court and file a lawsuit there in the county where this took place, if you are motivated you can handle it all yourself, just know the time and cost involved (filing fees, service of process and your time and effort), whether the $400 is worth the... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for Florida on
Q: How can I get a phone back from an ex that I pay for still and owe 700 dollars on still and is under my name

He is an abiser and narcissist he also stole battieries and the bsttiery port oit of my belongind and wont rerun that as well

Charles M.  Baron
Charles M. Baron
answered on Jun 10, 2024

If you're talking about theft, you have the option of calling the police. However, if your ex would give them a story contrary to yours about who owns what, the police would likely say it's a civil matter and leave him alone. To have a good set-up for taking action in the civil court... View More

2 Answers | Asked in Collections and Small Claims for Florida on
Q: Can my friend sue me even if what I owe him, is under my name.

I split a boat club membership with two of my friends, the contract was suppose to last 2 years but was automatically renewed if we didn’t cancel in advance. My friend and I agreed, that the membership would be under my name and his card would be under the payments. After 2 years it was... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 27, 2024

Yes, he can sue you. Whether he is successful is another matter. The membership was in your name, but it was renewed without your consent? You had the responsibility of canceling, else it would automatically renew.

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1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: I inherited a house, can a credit card company I owe sue me for it
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 21, 2024

If your credit card account is delinquent, the credit card issuer can sue you on the account. If and when it gets a judgment, it can record the judgment, and thus have a lien on your house. And it could, in theory, foreclose the lien.

1 Answer | Asked in Civil Rights, Lemon Law, Small Claims and Government Contracts for Florida on
Q: I Mrs sierra would like to find out what lawyers suited oak tree center please if you can please help to take action to

Please if I can get help to get my records that they refused to send me just sign here and good bye

Tim Akpinar
Tim Akpinar
answered on Apr 23, 2024

A Florida attorney could advise best, but your question remains open for a week. The question isn't fully clear from your post, but it looks like you are trying to locate the lawyers who sued an entity that could be relevant to your interests, and that you want your records from them??? For... View More

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