Lawyers, Answer Questions  & Get Points Log In
Florida Small Claims Questions & Answers
1 Answer | Asked in Real Estate Law and Small Claims for Florida on
Q: In 2019 my mother passed away and left her florida home to my sister and me. I put forth a proposed amout to buy her out

Which she accepted and I wrote her a check. As executor of my mothers estate she authorized the home title change solely to me. Three years later I sell the home and she now is suing me for more money. What are my options and does she have any kind of case.

James Clifton
PREMIUM
James Clifton
answered on May 20, 2023

You would need an attorney to review the complaint she filed to figure out the basis of her claim. If there was a written agreement that clearly outlined that you were purchasing her portion of the house that she would inherit, that agreement would likely be upheld. If it was an oral agreement, you... Read more »

0 Answers | Asked in Small Claims for Florida on
Q: What should I do if I keep getting threatening emails from a payday loan company and I have never received a loan?

I have bank statements proving I never received any type of loan with them

1 Answer | Asked in Small Claims, Contracts, Family Law and Collections for Florida on
Q: My daughter cosigned a car loan for an ex. He has since been arrested and hasn't paid. Apparently the girl he was with

Hiding the car and the leasing company can't repossess. My daughter is now incurring the bad credit. What can she do?

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 11, 2023

For financial relief she can sue the ex in small claims court. Regarding the car, perhaps she can report it as stolen. Unfortunately her credit is going to take the hit because she cosigned, regardless of these other two possibilities.

2 Answers | Asked in Civil Litigation, Contracts and Small Claims for Florida on
Q: Can a Statement of Claim in Replevin be filed to get an item to be used as evidence in a related Small Claim?

The item is a $2 tool with sentimental value to the Plaintiff, was used in service to the Defendant, was used to provide a more valuable service, probably why Defendant is detaining the tool. Plaintiff suing for payment of service. Would the Statement of Claim and the Statement of Claim in... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 9, 2023

The order in which you put the allegations of your statement of claim probably doesn't make any difference. But if you want to use the tool as evidence at the trial you should probably bring this up at the pretrial conference (or mediation, of mediations are used in your county) so that the... Read more »

View More Answers

2 Answers | Asked in Small Claims for Florida on
Q: Can i sue an ex for money I sent through cashapp as payment for a planned trip that never happened?

My ex invited me on a trip to costa rica and said we were going to split the resort and hotel cost so I sent my half and that very same week she was having car issues and called to borrow money for her car and said she would pay it back. We had a falling out the week after and now she wont send me... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 30, 2023

Yes an agreement can still be enforceable even if it is not in writing.

View More Answers

1 Answer | Asked in Small Claims for Florida on
Q: How to send a Notice to Appear when a company changed its name and address of its registered agent to a UPS box?

During the pretrial meeting of the small claim I was told that the case could not been heard because the plaintiff refused to be served the Notice to Appear by the Sheriff's deputy. The registered agent then changed the business name (kept same FEI/EIN number) and the registered agent's... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 22, 2023

Do you mean that the DEFENDANT "refused to be served"? A defendant can't simply refuse to be served by a deputy sheriff (or private process server either). If the deputy found the defendant in person, told the defendant that he or she was being served with process, and left the... Read more »

2 Answers | Asked in Collections and Small Claims for Florida on
Q: I missed a pretrial conference and had a judgment entered against me in small claims court. This is for assumed cc debt

I have a few questions about this:

I received the final judgment paperwork, but it is blank, it is not dated nor is it signed by a judge. Is this common, legal, binding?

Additionally, I do not recall this debt. In the summons, I only received a couple of statements with due... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 15, 2023

The judgment is probably conformed. In 22 years of practice, I have never seen a judgment not signed or dated.

Once you default, all the " I don't remember the debt" stuff goes out the window.

You will have a hearing on your claim of exemption. You must prove the...
Read more »

View More Answers

1 Answer | Asked in Civil Litigation, Small Claims and Contracts for Florida on
Q: Can I sue remitly for not delivering money on time ? And for all the hardship caused to the receiver, and all the stress

Can I sue remitly for not delivering money on time ? And for all the hardship caused to the receiver, and all the stressed they caused me dealing with agents and supervisor in some others country that don't even speak English correctly to understand what they say... I escalated the issue and... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 12, 2023

The first issue here is whether Remitly breached its contract with you. You agreed to a set of terms and conditions, probably by clicking on a box on-line. You must read those terms and conditions. They might contain waivers of liability for delays, and they probably contain language on... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: A person wrote me a bad check for over 3,000 dollars promise several times to make good with cash but never shows up

What can I do legally

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 26, 2023

You can check with the State Attorney in the County where this took place and turn it over to them, generally;

Florida’s Bad Check Statute — F.S. 68.065 — says that if you provide a written demand that the money under the bad check be paid and the money isn’t paid within 30 days,...
Read more »

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Florida on
Q: Can I sue a Moving Broker for deceptively misleading me and withholding my deposit of $700.

The Broker assured me the space available (291cf) on the moving truck would fit my (12 furniture items). On the day of the move the Movers stated I did not have enough space and would need to purchase more (600 CF). The broker was asked if I had a sufficient amount of space prior to signing the... Read more »

Charles M.  Baron
Charles M. Baron
answered on Feb 13, 2023

The broker's liability mainly depends on the written contract terms. If your dispute is over $700, I suggest you first contact a government agency handling consumer complaints, such as the Fla. Dept. of Agriculture and Consumer Services and/or your county's consumer protection office, if... Read more »

1 Answer | Asked in Collections and Small Claims for Florida on
Q: What if they DIDN'T notify you prior to garnishing your wages? Can I get it desolved because of that?
Barry W. Kaufman
Barry W. Kaufman
answered on Jan 21, 2023

You are not notified prior to the garnishment. You should receive, or have received, a notice of your rights and an exemption form. Make sure the plaintiff's attorneys have your correct address.

1 Answer | Asked in Small Claims for Florida on
Q: I have a small c. court in Orange Cty. The sheriff was not able to serve the plaintiff and we have a new addrs in Tampa.

How do I proceed now? Do I need to file a new request with the new address to the Sheriff? Can they serve someone in Tampa?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 20, 2023

You would ask the Hillsborough County Sheriff to serve the summons.

1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: I am being taken to small claims court as a defendant. I am a contractor and being sued. 3 years later

We removed the flooring in his home and his foundation was cracked. After giving him options of methods to proceed he said he would think about it. I then called him to see what he was going to do and he had hired another contractor to install his new flooring. Then demanded the balance of his... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 19, 2023

You are required to furnish the documents he requested within the timeframe he requested it. You should retain an attorney to defend yourself.

1 Answer | Asked in Small Claims for Florida on
Q: Can Defendant in Small Claims case change the scope of Plaintiff's complaint at the hearing?

I filed a Small Claims suit against my ex to pay half of shared $8,000 debt as specified in our divorce settlement. Ex has grievances on issues including child care and holidays, also specified in the divorce decree, and has engaged an attorney to represent her at Small Claims court. Can they... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 18, 2023

All of these issues should be addressed in the divorce case. The small claims case should be dismissed.

1 Answer | Asked in Small Claims and Arbitration / Mediation Law for Florida on
Q: 2x hotels.com booked a room that was unavailable.Say they’ll b n contact thru email a few times;disappear without refund

The sea dip never got the reservation stating they don’t even know how I rented the room. They say they have private owners, but no way of who rented the room. The phone number on file kept going to voicemail and they said they didn’t know who that was and hotels.com never refunded my money.... Read more »

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

File your arbitration case.

As stated in Hotels.com’s terms and conditions of usage:

“Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA's rules are available at www.adr.org or by calling...
Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: I filed the small claims suit never received an answer by mail. I found out 2 to 3 weeks later that the judge made a

decision was not what I had asked for. I filed a motion for a new hearing was denied. I found this out 20 days later because I went online received nothing by mail. What can I do to get a new hearing?

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 22, 2022

You asked for a rehearing and the Court denied it. That's the end of you getting a new hearing. It may be possible to appeal the ruling, but you'd need an attorney who practices appellate law to review the case and the timelines for filing a notice of appeal are very tight.

1 Answer | Asked in Car Accidents and Small Claims for Florida on
Q: If being stop at a stop light intersection and a cyclist strike your vehicle when you have a green light.

Police taken report, if drive of the vehicle was not a fault. What options would the driver have to proceed with this case? Drive was not injured, unknown status of cyclist.

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2022

If the driver was not injured, what does the driver need help with? I suggest you submit a new post to clarify that.

1 Answer | Asked in Business Law, Contracts and Small Claims for Florida on
Q: How can I file with small claims in Puerto Rico? I live in Florida. (and is it worth it?)

A graphics design client is refusing to pay after receiving and utilizing goods. Invoices have been sent, due dates have passed, attempts at communicating are met with hostility. Total is $500, prior to waiving $200 worth of additional project fees in an effort to encourage payment.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 13, 2022

Assuming Puerto Rico has some sort of small claims procedure, you could contact an attorney there for the purpose of suing the client in Puerto Rico. Or, depending on circumstances, you might be able to sue in Florida.

1 Answer | Asked in Small Claims for Florida on
Q: What will happen to me if I don’t pay my student credit card balance of 1000 and I leave the country of USA
Phillip William Gunthert
Phillip William Gunthert
answered on Dec 7, 2022

They will possibly/likely file a small claims lawsuit against you, your credit will deteriorate, and you will get late payments until it is written off, likely ruining your credit for at least 7 years until it drops off, you wont be able to get credit, your credit score will be substantially... Read more »

1 Answer | Asked in Employment Law, Employment Discrimination and Small Claims for Florida on
Q: I'm a 1099 contractor of service, I recently refused to sign a non compete, now client refuses to pay. What can I do?

I'm a independent contractor working for a cleaning service for the past 3 months. The owner of cleaning service has paid me every Saturday for work completed. However, they just recently asked me to sign a non compete. I politely declined and resigned from my services. Now the owner is... Read more »

Kevin Sanderson
Kevin Sanderson
answered on Oct 31, 2022

This is a concern. You worked the hours in question and the non-comp was not a part of the agreement.

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.