Lawyers, Answer Questions  & Get Points Log In
Florida Small Claims Questions & Answers
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

0 Answers | Asked in Consumer Law, Small Claims and Contracts for Florida on
Q: Around 2 weeks ago I loaned a "friend" 200$. We both signed a note stating the amount loaned the date to be paid and a

Sentance stating if not repaid he has to surrender his vehicle keys to me.

The money has not been repaid. He will not answer text/calls.

How can I enforce the part of his keys being surrendered to me.

1 Answer | Asked in Consumer Law, Small Claims and Contracts for Florida on
Q: Around 2 weeks ago I loaned a "friend" 200$. We both signed a note stating the amount loaned the date to be paid and a

Sentance stating if not repaid he has to surrender his vehicle keys to me.

The money has not been repaid. He will not answer text/calls.

How can I enforce the part of his keys being surrendered to me.

Angelo "Tony" Marino Jr.
PREMIUM
Angelo "Tony" Marino Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2024

You would need to sue your "friend" in small claims court for breach of contract and specific performance of the agreement. It will cost you about $100 to file and serve your friend, but if you win the case the cost will be part of the judgment against him. I suggest you go to the small... View More

1 Answer | Asked in Criminal Law and Small Claims for Florida on
Q: how do I start a suit against the state for being arrested under a law, that is now no longer a law, that's against 2A?

an arrest for carrying a concealed sidearm on ones person without a CCL, which as of july 1st; is no longer a law. yet that law was and still is unlawful when it stands against the constitutional rights that we all have. How does an individual stand against the state to right this wrong. law... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 28, 2024

If, as you suggest, the previous law was unconstitutional, it's likely that the courts would have found it to be unconstitutional before the law was changed. In short, you don't have a case.

1 Answer | Asked in Contracts and Small Claims for Florida on
Q: We won a lawsuit. Now the client is emailing threatening to sue again if we dont give her money. Can she do that?

She sued, we went to mediation, then court. The judge ruled in our favor, now today the woman started sending emails saying very negative things about the employee who handled the lawsuit, and saying if we dont give her money she will sue again. Is there anything we can do? Can she sue again?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 26, 2024

This forum is for general questions and answers. There is no way to tell from your post if someone could sue you or not a second time. At this point you need to consult with an attorney. Generally, someone cannot sue for the same thing twice as long as the case was decided on its merits.... View More

1 Answer | Asked in Real Estate Law and Small Claims for Florida on
Q: i inherited 50% ownership in condo and my 2 brothers own 50%. they refuse to pay for windows. can i sue them

what are my rights as 50% owner. if i buy another 10% to get me to 60% am i better off. can i go to small claims court, if not where

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2024

As a 50% owner of a condo in Florida, you have equal rights to the property alongside your brothers who own the other 50%. If they refuse to contribute to necessary maintenance such as window replacement, you can indeed take legal action to enforce their contribution towards these expenses.... View More

1 Answer | Asked in Bankruptcy, Employment Law, Collections and Small Claims for Florida on
Q: My wages were garnished but I don't make enough money to be garnished, what do I do?

I have multiple judgements against me from different debts but same law firm. I don't make enough money for my wages to be garnished and haven't in years. The law firm reached out to my employer and threatened that if they don't garnish my wages then they'll attempt to garnish... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024

Facing wage garnishment when your income does not meet the legal requirements for such action can be distressing. First, it's important to understand that federal and state laws provide specific protections for individuals in your situation. For instance, there are limits to how much of your... View More

1 Answer | Asked in Contracts, Identity Theft and Small Claims for Florida on
Q: This guy is using me for money what can I do
Charles M.  Baron
Charles M. Baron
answered on Feb 23, 2024

You need to pick up the phone and call a lawyer. Look for a lawyer in your area who handles general practice. Justia has "Find a Lawyer" tab on the top, and you can try the Florida Bar Lawyer Referral Service.

When you do call, you need to be specific about who is using you...
View More

1 Answer | Asked in Small Claims and Civil Litigation for Florida on
Q: What motion is recommended when I missed a civil court date? Pro se defendant & didn't receive e-notice of hearing date.

I am representing myself as Defendant in a civil lawsuit brought on by a construction contractor. I had filed a Motion to Dismiss in July 2023. The hearing for my Motion was rescheduled repeatedly by the court. I did not receive notice for the rescheduled date (2/12/24), missed the hearing, and my... View More

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

You could call your motion "Motion to set Aside Order Denying Motion to Dismiss", or something like that. It doesn't much matter what you call it; more important is that you clearly state what you want and why. Contact the judge's judicial assistant for a date and time for the... View More

1 Answer | Asked in Public Benefits, Small Claims and Social Security for Florida on
Q: I am over $4K in SSI debt to the SSA because my payee failed to keep my assets below $2K for 5 months in 2021 and 2022.

My representative payee has admitted in an email to me that the "oversight" was their responsibility. I am interested in obtaining an attorney for representation in getting my payee to pay the $4K+ to the SSA so that my monthly SSI benefits are no longer reduced, which they currently are,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024

Facing an overpayment situation with SSI due to the actions of your representative payee can be challenging. In your case, since your payee has admitted responsibility for the oversight, you have grounds to seek a resolution where the payee assumes the financial burden of the overpayment.... View More

1 Answer | Asked in Small Claims for Florida on
Q: What action can be taken if the business would not provide an address where a summons could be served?

I began a small claims action against a defendant for work done cleaning the roof of my home, which damaged the gutters. The server said the address I provided had no such business, but that he made phone contact with an individual at the business who would not provide a business address where... View More

John Michael Frick
John Michael Frick
answered on Jan 23, 2024

In Florida, a business entity can be served either by serving its registered agent for service of process or by serving the person holding one of the positions within the entity that are specified by statute. You can search for the names of such individuals and the address where each can be served... View More

1 Answer | Asked in Small Claims for Florida on
Q: My now ex boyfriend bought me a car with payments, both names on loan, says and, now he wants the car dp or the car back

should i tell him to get the bank to refinance the loan ( to get my name off) or tell him to take me to court? I am in Tampa fl not miami.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 10, 2024

You will need to refinance the loan.

1 Answer | Asked in Small Claims for Florida on
Q: What are our options and does she have any grounds to stand on?

We just recently got a gift from my mother. Which whom we don't speak with due to family issues. About a month ago my mom sent an email aski if we wanted to take her 9 month old puppy as she no longer wants to keep her or take care of her. After my wife and I spoke, we decided to make... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 7, 2024

You might want to send her a letter setting forth your version of what happened, as you have described here. Attach any documentation, including the email she sent you. If in fact she does consult with attorneys for the purpose of taking you to court, and that is by no means a foregone... View More

1 Answer | Asked in Small Claims for Florida on
Q: Can I pay the amount of a debt direct to the court after received the final judgment and. Notify the counter-part?

Is it necessary to fill form 7.343 form requested in the final judgment?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 14, 2023

Yes, you can either pay the judgment amount into the registry of the court or to the plaintiff's attorneys of record. You should ask for a satisfaction of judgment and, when you have that, you wouldn't have to complete and return the fact information sheet.

2 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: Is a Motion for Summary Judgement allowed in Florida small claims court? If so, is an answer required?
Charles M.  Baron
Charles M. Baron
answered on Dec 2, 2023

Though you can file any motion you feel like filing, a small claims court judge is not supposed to use the summary judgment motion procedures that are set forth in the Fla. Rules of Civil Procedure unless those rules have been invoked by court order. The reason small claims court exists is to have... View More

View More Answers

1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: How much should I sue for in small claims court for false advertising?

I recently did a program with a company that offers a $1000 prize in a variety of gift cards or in a Paypal or Cash App transfer. They try very hard to avoid paying but I documented and screenshot everything. I have confirmation in writing from their customer service that I wanted to receive my... View More

Angelo "Tony" Marino Jr.
PREMIUM
Angelo "Tony" Marino Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

Taking everything as true, you would have a claim for unfair and deceptive trade practices and breach of contract. You can claim $1000 and let the company say it is worth less and let the judge decide. This is a small claims case.

1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: Are there any lawyers in Florida that can help me prepare a complaint and a demand letter for Small Claims court

I live in Sarasota County Florida. I have a very good countersuit against American Express. I would prefer to find a lawyer that would take this potential Identify theft by an AMEX employee along with provable fraud on the Loan Agreement (Forgery or falsification of the form etc) on a contingency... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 10, 2023

Sure, there are some lawyers handling general practice or general civil litigation who can advise you on how to represent yourself in small claims court, including assisting the the forms. Searching for "lawyers" "small claims" "[your location]" would be a start.... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for Florida on
Q: Can I get compensation for fixing and buying my own garbage disposal?

Hello! My leasing office has taken a week to fix a broken garbage disposal and I called yesterday to come fix it they have not. My Sink is extremely backed up.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2023

In Florida, landlords are generally required to maintain the rental property in a habitable condition. If the broken garbage disposal is causing your sink to be backed up and rendering it unusable, it may be considered a necessary repair. Before taking matters into your own hands, it's... View More

2 Answers | Asked in Civil Litigation, Small Claims and Personal Injury for Florida on
Q: can you sue in small claims court Florida for events created leading up to an injury
Charles M.  Baron
Charles M. Baron
answered on Sep 15, 2023

You inquiry is vague as to what you mean by "events created...". If you have been damaged/injured by the unlawful act of another, you can sue in small claims court for up to $8,000 plus court costs, and in some types of cases, attorney's fees and prejudgment interest are awardable... View More

View More Answers

1 Answer | Asked in Small Claims for Florida on
Q: I hired a lawyer to collect a debt. The debt was settled outside of court but not by who I sued. do i owe the lawyer?

I hired a lawyer to collect a debt from A+B. A+B filed bankruptcy. Someone that knows A+B contacted me and paid the debt. Now the lawyer wants 25% of the money. And the lawyer has filed a suit against me...do i owe him?

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2023

A Florida attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney, the short answer is that it usually depends on the terms of the retainer or agreement. Good luck

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.