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
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
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
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
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
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
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?
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.
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
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.
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
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...View More
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
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
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
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
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.
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...View More
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.
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
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?
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
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
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
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
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
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
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
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
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
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.