What can I do legally
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,... View More 
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... View More
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... View More
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.
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?
answered on Jan 20, 2023
You would ask the Hillsborough County Sheriff to serve the summons.
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... View More
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.
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... View More
answered on Jan 18, 2023
All of these issues should be addressed in the divorce case. The small claims case should be dismissed.
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.... View More
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... View More
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?
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.
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.
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.
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.
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.
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... View More
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... View More
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.
The owner of an auto repair shop I just won a $6000 small claims suit against want me to get a lawyer to arrange the payment. Can she make me do that? Do I have to do that? Do I have to get a lawyer? Do I have to take her to court again?
answered on Oct 26, 2022
Can she make me do that? No. Do I have to do that? No. Do I have to get a lawyer? No.
Do I have to take her to court again? Only if she fails to pay the judgment, in which case you may execute on the judgment by garnishing the business's bank account (basically, you can... View More
Filing false police report, pain n suffering like whole unnecessary arrest, imprisonment and court fees? Kicked out of own house after she already moved out due to can't return to scene she claimed. Forced to abandon dogs until trial is done.
answered on Oct 15, 2022
Retribution means punishing for revenge. I assume that's not what you mean; that you instead mean to ask what legal action you can take to seek monetary compensation for your loss of liberty, economic losses, and emotional distress. You certainly may sue your accuser (your ex) for malicious... View More
I would like to motion the court for clarification of the "voluntary dismissal without prejudice" vs why the dismissal is not filed as "dismissal with prejudice". If no such reason is clarified and accepted by the court, can I ask the court to move the dismissal to that of "with prejudice"?
answered on Oct 8, 2022
If the plaintiff complied with Florida Small Claims Rule 7.110 (a) (1), the plaintiff can dismiss without prejudice. The plaintiff doesn't have to submit a reason.
See https://www-media.floridabar.org/uploads/2022/01/Small-Claims-Rules-10-28-2021.pdf
I have a small claims pretrial hearing, and there have been dockets that were electronically uploaded through the e file service my county provides, and it duplicated ATTACHMENTS/EXHIBITS to PLEADING. also, two dockets failed to upload all the pages of the ATTACHMENTS/EXHIBITS to PLEADING. I am the... View More
answered on Sep 21, 2022
I suggest you bring this up at the pretrial hearing. It is extremely doubtful that redundancy or judicial confusion will be a problem. If some of the attachments are missing, ask that the defendant be ordered to supplement them.
The business I am suing is an LLC and is also franchised. This will be a small claims case in the state of Florida. For the business I am suing, there is a principal address listed, a mailing address listed and also a registered agent name and address listed. Which of these addresses should receive... View More
answered on Sep 20, 2022
Florida Statutes 48.062, Service on a limited liability company. states:
(1) Process against a limited liability company, domestic or foreign, may be served on the registered agent designated by the limited liability company under chapter 605. A person attempting to serve process... View More
My sister passed 9/2021. I paid all expenses, equaling over $2,000, because my BIL did not have the funds. He picked up her remains since he was the husband. Now he is refusing to allow us access to her children and my mom has always wanted some of her ashes. Would I be able to be awarded... View More
answered on Sep 4, 2022
No, sorry. He is entitled by law to her ashes because he was married to your sister at the time of her death. If you can prove that the money you paid was a loan, and not a gift, you may be able to prevail in a small claims lawsuit against him. You'd have to sue him in Florida. Be forewarned... View More
We hired a couple to do epoxy floors on our garage floors. They said their product came with a 6 year warranty. We paid them $800 and after a month, the flakes started coming up. We contacted them to fix the issue and it was one excuse after another. They offered us a refund and to re-do our... View More
answered on Aug 31, 2022
The only avenue open to you, with any chance of success is small claims court. If you prevail to judgment, you are entitled to costs. Make certain that you sue the correct legal entity. Many clerks have information and forms on their websites. You can find the Florida Small Claims Rules online.
1.8 years ago I referred an employee to my company during a referral bonus promotion, 5K after three months of her employment, and another 5K after one year. She was hired and started work last Sept. I received the 5K bonus after 3 months (but had to “nudge” the regional director and payroll to... View More
answered on Aug 31, 2022
Yes, without looking at the paperwork, it looks like you will be entitled to the additional $5,000 on September 15th.
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