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Florida Small Claims Questions & Answers
0 Answers | Asked in Consumer Law and Small Claims for Florida on
Q: The Florida Small Claims Rules Apply. This case is governed by the Florida Small Claims Rules. Case is > $18k credit car

Does the court applying Small Claims rules limit the amount the plaintiff can be awarded on its Account Stated Claim of over $18,000 to $8,000? Case was filed in county court, court issued pretrial order and notice of trial.

0 Answers | Asked in Small Claims for Florida on
Q: How do I file a Motion to Dissolve the Writ of Garnishment

I am being sued by a hospital. Since 2016, I have not been served with any court documents. The lawyer pursuing this case has had my address and place of employment incorrectly listed until just a few months ago. Now, they are attempting to garnish my wages. I filed a Claim of Exemption on... View More

0 Answers | Asked in Small Claims for Florida on
Q: I now need to file a Motion to Dissolve the Writ of Garnishment

I have a debtor trying to garnish my wages. I have filed a claim of exemption. I am now looking at the case and I'm seeing a " NOTICE - NOTICE PURSUANT TO FLA. STAT. S 77.055". As i read this to my understanding I now need to file a " Motion to Dissolve the Writ of Garnishment"

0 Answers | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Florida on
Q: Florida: Landlord used another real estate company's lease

I just discovered my landlord I lived with used another real estate companys lease she has no association with. Is this illegal? Is the lease null and void? I moved out after my 6 months lease was up and she also hasn't returned by deposit, which come to find out a final judgement was put... 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 Small Claims for Florida on
Q: Can my recent boyfriend draw up a rental agreement for driving his car for the past two years off and on in Florida?

my recent boyfriend purchased a car in 2022 in his name. It is Insurance his name, but I am insured on his policy to drive his car. We recently are not together and now he sent me a rental policy and is trying to take money from me for wear and tear and use of the vehicle and also the insurance... 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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