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Florida Small Claims Questions & Answers
1 Answer | Asked in Estate Planning, Civil Litigation and Small Claims for Florida on
Q: 5yo Funeral Bill & Fresh Beneficiary Payout

I hadn't spoken to my husband for 8 months when he died 5yrs ago & his sister voluntarily paid his funeral bill w/o asking me for reimbursement tho she asked me to sign consent for cremation as next of kin. No probate was filed; I didn't think he had anything to his name. I recently found out that... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 15, 2019

Yes, there is a statute of limitations; it's four years assuming there is no written agreement. But the sentence "Or my agreement that I repay her?" raises a question; was there such an agreement? If not, you probably would not be obligated on the original claim anyway; you were not legally... Read more »

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Small Claims for Florida on
Q: Can I get arrested just because someone said I stole something from them

This person accuse me of stealing something. Then they said if I paid for I can continue to live their. When I could not pay them the money they locked me out of the house and kept every possession than I own. Is this even legal and can I get arrested for something then I did not do. And how do I... Read more »

Ajay Pallegar
Ajay Pallegar answered on Sep 13, 2019

Typically there are two common ways one could be arrested. The first way is if the officer has probable cause to make an arrest. In order for the officer to have probable cause to make an arrest, the officer must have credible facts and circumstances present that would lead an ordinary prudent... Read more »

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2 Answers | Asked in Criminal Law, Products Liability and Small Claims for Florida on
Q: If given notice to the court can I have a polygraph test brought in to prove my innocent Florida.

She said she going to me to Small claims court. less than $300

It’s a he say she say sort of thing

Trying to get money out of me that is not theirs

Gary Kollin
Gary Kollin answered on Sep 6, 2019

Polygraphs are inadmissible in zflorida

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2 Answers | Asked in Banking, Civil Litigation, Criminal Law and Small Claims for Florida on
Q: Can I use FL statute 772.11 in small claims if treble amount exceeds $5000 but original theft amount is less than $5000?

Money taken by custodian of FL-UTMA account the day after the minor who's bank account the name was in reached age of maturity determined by FL law s. 710.123 section (b), s. 710.107 ss. (2), and s. 710.111 (b).

Original amount of UTMA account was $12k and I can prove custodian abused... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 3, 2019

No. The small claims jurisdictional amount is $5,000. So you cannot sue for the amount by which the statutory penalty exceeds that amount.

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3 Answers | Asked in Libel & Slander, Products Liability, Civil Litigation and Small Claims for Florida on
Q: Rented some tires left their shop and the tire flew off and the shop refuses to pay for what tore up and terminated conc

I Rented some tires from a place left their shop jumped on the expressway herd a clanking noise slowed down until the next exit got off and my tire flew clean threw the intersection and into the woods! Simply put i called the proper people got towed back to their shop and the guy got mad cause i... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 3, 2019

Rental of tires is something I've never heard of. But I suppose that, if they put the tires on your rims and mounted the rims on your truck, they should have made sure the lug nuts were properly torqued.

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1 Answer | Asked in Small Claims for Florida on
Q: my husband does pressure washing as a side gig here and there someone got his number and he cleaned the house 3 days ago

The guy is now claiming a big expensive (his words) window broke Can he sue us ?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 30, 2019

Yes, he can sue your husband. If he can prove that your husband broke the window, and how much it will cost to replace it, he can get a judgment against him.

1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: Hi, I am looking to hopefully resolve an old Credit card judgement against me that was filed in 2007 in Florida,

I live in the UK now, and I am hoping to resolve it as I am planning a vacation to Florida but I am aware there could be a bench warrant for me as I couldn't attend the hearing. I work part time and can only afford the original amount but I am willing to pay monthly should discover card be willing,... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jul 18, 2019

There is no bench warrant out for you for a credit card financial judgment, the judgment is good for 10 years and then 10 more if renewed. You may want to start by looking up the case online with the clerk of the court in the county where you lived and see what it says, you can also call the clerk... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Florida on
Q: Last apt I lived at are asking me to pay for the entire carpet which I know they were going to change anyway!

So here is my issue. 3 months ago I moved out of an apt at the end of the lease and I got a bill of $725 minus 150 from the deposit they already kept, so 575. $500 are for the carpet. My problem is that the manager assistant told me a few months before that they were changing every apartments... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 11, 2019

Free practical "opinion": Since you lived there for at least a year, and since you walked away expecting the landlord to keep your entire $150 deposit, it sounds like you must have known that leaving without cleaning the carpet--which is a standard clause in every lease--because you thought you... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: I owe over $50,000 in credit card debt. I am 81 years old. If they go after me, and I lease a car can they take it?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 2, 2019

If you lease a car instead of buying it, no: your creditors cannot take the car. Unless you have equity in a vehicle, there is effectively no way they could take it.

1 Answer | Asked in Small Claims for Florida on
Q: I did an express replacement for my phone from Apple but accidentally sent it to att how do I get my phone back?

I accidentally used the wrong label it was an att one not an apple one. It went to att and I can’t get it back. I don’t want to give att a free phone. I am still paying it off through Apple.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 6, 2019

Have you tried calling AT&T?

1 Answer | Asked in Business Law, Small Claims, Consumer Law and Contracts for Florida on
Q: Legal action against company or person that does not really exist? Company said they were in NV. It doesnt exist.

I invested money for a profit return promise. No contracts were signed. Just some emails with acknowledgment. The person said to own company does not exist nor does the company

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 5, 2019

Wow. If I had $100 for every sad story involving long-distance bad investment scams I have heard of here in Florida I would not have to practice law for my living.

Fact: Since most scams do not involve scads of money, scammers know that most of their hapless targets will just let it go and...
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1 Answer | Asked in Small Claims and Landlord - Tenant for Florida on
Q: A tree limb fell on my vehicle which is now considered totaled, in the parking lot of the apartments that I live in.

This is not the first time a vehicle has been damaged this year. The tree is clearly dead and the landlord has done nothing to remove it. He said he has no insurance to pay for damages and there is nothing he can do. What should I do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 29, 2019

If you have comprehensive property damage insurance covering your car get it fixed and save copies of the cost of repairs. The look at your written lease to see who is liable. Then see an attorney.

1 Answer | Asked in Business Law, Contracts and Small Claims for Florida on
Q: I offered to have the computer repaired and have a full internal diagnostic run. Their response was one of two options.

The first option they gave me was to pay for the computer outright, $500 and I could do what I wanted with regard to repairing it. So I would be paying between $750-800 for a $500 computer. Or I could pay to have it repaired, send it back to them, their tech person would check it out to see if... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 28, 2019

Because you did not say whether or not you caused the damage to your ex employer's computer I am assuming that you did. Therefore, I am sure you can see why your ex employer wants you to fix the damage or replace the computer. And since you have several choices as to how to solve this dilemma, why... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: Hello! My mother was an artist (woodcarver/painter) she once made a horse that was given to her father/step mom in law.

This was in the 90s during the 5 years she was married to my father. She divorced him after much abuse. I have letters proving she did not favor her father and stepmom in law. They never talked since.

. She died early at age 37. I have been asking my dads stepmom for her art back for three... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 21, 2019

You didn't ask a question, but I'm assuming that you want to know your legal rights to have the carving.

The horse was given to them, so they have no legal obligation to give it to you.

By the way, your relational terminology is confusing. Your mother's father would be your...
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1 Answer | Asked in Consumer Law, Land Use & Zoning, Landlord - Tenant and Small Claims for Florida on
Q: Can my landlord put me out that’s because I asked him to fix repairs
Charles M.  Baron
Charles M. Baron answered on May 17, 2019

That is not a legal reason to evict. The landlord's rights to terminate your tenancy are based on the terms of your written lease. If you happen to have a month-to-month tenancy based just on a verbal agreement, he may terminate the tenancy anytime he feels like it (and doesn't need any reason),... Read more »

2 Answers | Asked in Landlord - Tenant and Small Claims for Florida on
Q: I damaged wall mirror in the gym of my condo using gym equipment that had been moved too close to wall. Am I responsible
Terrence H Thorgaard
Terrence H Thorgaard answered on May 11, 2019

Probably. You should have looked at it's position before you started using it.

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1 Answer | Asked in Small Claims for Florida on
Q: The defendant in my small claims case hired a lawyer who wants to talk with me about the case. Should I talk to him?

I filed a small claims case and am currently representing myself. The defendant received his summons and has hired a lawyer. This lawyer called me and stated he would like to talk about the details of the case and resolution. Should I talk to him?

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 12, 2019

Yes, by all means.

2 Answers | Asked in Civil Rights, Real Estate Law and Small Claims for Florida on
Q: Hello my dad passed way two year ago I he have a house whit a lien on it can still transfer title to my name

But that lien will show on my credit after transfer

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 8, 2019

You need to file a probate petition. Assuming that the property is in Florida, you should contact a Florida attorney who can advise you how to proceed. It may be necessary to pay off the lien, but in any case I would doubt that the lien will show on YOUR credit reports.

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1 Answer | Asked in Collections and Small Claims for Florida on
Q: If I have not received a summons to appear in court do I need to go?

I found out I was being sued by a creditor by looking the case up online. It said I need to appear in court on 3/27/19. I have not been served with a summons yet.

Barry W. Kaufman
Barry W. Kaufman answered on Mar 25, 2019

There is no requirement that you appear if you have not been served.

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