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Florida Small Claims Questions & Answers
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

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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
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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
Tim Akpinar
Tim Akpinar
answered on Sep 16, 2023

My colleague raises a valid point - "events created leading up to an injury" is generally not a concept used to support a tort claim for injury. Instead, a wrongdoer's actions or inactions are more often characterized as having a "causal connection" or being the... View More

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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

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2 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: I filed a small claims suit and it was accepted by the court seven weeks ago. Should I know my court date by now?

The defendant and I are both located in Florida. I filed a small claims court suit seven weeks ago and it was accepted. I paid court fees already. I have received no information since filing. Is this normal? Am I just waiting to get my court date?

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

You need to get the clerk of court to issue a summons which will set a date and time for a pretrial conference (i.e.: the "court date"). You need to get this served (by the sheriff's department or a process server) on the defendant.

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1 Answer | Asked in Small Claims for Florida on
Q: i let a friend use my credit card and agreed for her to pay me back soon after, 9 months later and she hasn’t paid

a friend asked me for a favor to let them use my best buy credit to buy a laptop for their son that is going to college, i reluctantly allowed her to after asking me many times. She was my boss at my job at the time and i felt pressured to do her the favor. We agreed on paying me back a month or... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 17, 2023

You could sue her in small claims court, but even if you get a judgment, collecting it may be difficult. So, accept what she pays you, but be sure to keep written, signed and dated documentation, including a payment agreement, receipts, etc.

1 Answer | Asked in Small Claims and Consumer Law for Florida on
Q: Can I sue an automotive manufacturer in small claims court in Florida to obtain the service history for my vehicle?

Can I sue an automotive manufacturer in small claims court in Florida to obtain the service record history for my vehicle? The automotive manufacturer claims that the service history of the used vehicle I now own is "proprietary." I understand they need to protect the previous... View More

John Michael Frick
John Michael Frick
answered on Aug 17, 2023

There is no law which entitles you to obtain the service record of a used car from the manufacturer. Moreover, a manufacturer likely only has records for warranty and recall service. It is unlikely any service record it maintains is complete.

Many dealerships and auto service companies...
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1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Florida on
Q: Mechanic performed work to my car I did not authorize. Why do all lawyers I contact say they can’t take my case?

On May 28th I purchased a vehicle for $15,900 (Including tax & tags) from a used dealership. Paid in full, no warranty. 6 days later on 6/6, the vehicle broke down. I had the vehicle towed back to the dealer, and told them to have their mechanic “look at it, and let’s figure out a way to... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023

There’s a clear violation of Florida law that requires auto ships to issue invoices and authorization in writing prior to work being performed. The problem is the amount in controversy is not so high for legal fees. Maybe you could get a later draft a complaint for you and you take it through... View More

1 Answer | Asked in Traffic Tickets, Appeals / Appellate Law, Civil Rights and Small Claims for Florida on
Q: Can a judge refuse to see documents that shows evidence and causes of actions that where authorized by JSO

Being sued for property damages that where authorized y Sheriffs office in Jacksonille Fl.Judge did not allow me to defend myself or show documentations that showed the reason of my actions....its was put boots on truck while was asleep

Charles M.  Baron
Charles M. Baron
answered on Jul 28, 2023

In order to receive advice on whether the judge acted properly or improperly in your case, as well as what can be done if the he/she acted improperly, you need to schedule a consultation with an attorney. Whether a judge can refuse to review items of evidence depends on various factors, including... View More

1 Answer | Asked in Small Claims for Florida on
Q: I won a case against a company in small courts, they won't pay me. What should I do next?

I sued a Pool company in small claims and won the case but they won't pay me. I filed a judgment lean but I don't know what to do with it and want to know how I can get paid, I tried contacting some lawyers but they won't accept my case.

John Michael Frick
John Michael Frick
answered on Jul 6, 2023

It is unusual that you are unable to locate a lawyer willing to take your case. There are many, many attorneys who practice in the area of collections, and collecting a judgment is a typical bread-and-butter type of case for most.

Search for an attorney who practices in the area of law...
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1 Answer | Asked in Civil Rights, Libel & Slander and Small Claims for Florida on
Q: How long do I have to file a lawsuit or small claims against law enforcement after an arrest?

Recently I've been arrested and detained and the police have lied and muted out parts of the video and blotted out parts of the video during my arrest and did not show everything on the video and I'm trying to figure out how I can go about things because it has cost me a lot.

Charles M.  Baron
Charles M. Baron
answered on Jun 30, 2023

I will give you general educational info regarding time periods that often apply to this kind of situation; neither I nor any other attorney can give you any legal advice in this online forum regarding the deadlines or procedures that apply to your potential particular claims (because that would... View More

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Florida on
Q: Can I sue in small claims courts?

Hello I bought a cockapoo from a private breeder, the puppy started having seizures 3 days after we got him the veterinary believes it was due the pup glucose levels being too low but he couldn't really say for sure. we asked the breeder to go half on the vet bill and they said no, can we sue them?

Charles M.  Baron
Charles M. Baron
answered on Jun 30, 2023

Yes, but only if you first comply with the presuit procedures of Fla. Statutes Section 828.29, also called the "Puppy Lemon Law", which is online, and which you must read. The first important portion for you starts at Sub-section (5), which provides: "If, within 14 days following... View More

1 Answer | Asked in Small Claims and Business Law for Florida on
Q: In the State of FL can a business owner designate himself as officer on the "Authorization of Corporate Officer" form?

The defendant in my lawsuit is "Jane Doe, (D/B/A Jane Doe Services, LLC)". After no agreement was come to in mediation the judge sent an order to the defendant stating they must hire counsel or file a designation of corporate officer. The defendant filled the form out, signed it and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 29, 2023

If it's legitimately a limited liability company, it's unclear why you included "Jane Doe" as the defendant. Unless you have cause to believe that you can "pierce the corporate veil" (in other words get the court to hold "Jane Doe" individually liable), you... View More

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... View 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... View More

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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... View 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... View 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... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 16, 2023

I'm guessing that the form of judgment is what the plaintiff's attorney sent to the judge to be signed. For some reason you didn't get a copy of the signed and entered judgment.

You were defaulted, so the plaintiff didn't need to prove its case as it would have need to...
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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... View 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...
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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... View 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... View 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,...
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