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Florida Small Claims Questions & Answers
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 »

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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... 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...
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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... Read 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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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,...
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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 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...
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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 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 »

2 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for Florida on
Q: I won a $6000 smallclaims suit against an autoshop.The owner want me to get a lawyer to arrange payment. Can you help?

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?

Charles M.  Baron
Charles M. Baron
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...
Read more »

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2 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for Florida on
Q: I won a $6000 smallclaims suit against an autoshop.The owner want me to get a lawyer to arrange payment. Can you help?

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?

Jane Kim
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answered on Oct 31, 2022

To add to Mr. Baron's response, collections is considered an ancillary lawsuit to the underlying lawsuit. If the party does not pay on the judgment, you will have to return to court to enforce it. Don't forget to record your judgment.

Good luck.

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1 Answer | Asked in Civil Rights, Constitutional Law and Small Claims for Florida on
Q: If I get dv battery charge dropped in fl, what lawful civil retribution should I do?

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.

Charles M.  Baron
Charles M. Baron
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... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: I received a voluntary dismissal without prejudice. Can I file a motion for clarification and ask it to be changed?

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"?

Terrence H Thorgaard
Terrence H Thorgaard
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

1 Answer | Asked in Small Claims for Florida on
Q: Do I file a motion to dismiss or strike or just ask to disregard uploaded e filed dockets? Self representation

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... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
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.

3 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: If suing a LLC business, and the principal address and mailing address are different, which address should be served?

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... Read more »

Mark R. Osherow
Mark R. Osherow
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...
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1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: Can I obtain possession of my sister's ashes when I paid all expenses?

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... Read more »

Barry W. Kaufman
Barry W. Kaufman
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... Read more »

2 Answers | Asked in Consumer Law, Contracts and Small Claims for Florida on
Q: Hello, we are in need of legal advise as to whether we should sue in small claims court.

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... Read more »

Barry W. Kaufman
Barry W. Kaufman
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.

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1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Florida on
Q: Should I file a small class action suit or replevin? Am I entitled to any additional damages?

I paid an ac co. $6000 for a system and install. They installed everything excepts ducts then refused saying there were spiders in crawlspace. They said they would take everything, keeping $1000 for their time. I told them I now owned the equipment and not to take it unless I got a full refund.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 29, 2022

If you sue them for the $1,000 they are trying to keep, replevin would not make any sense, you would not be out they money you paid them. You might want to talk to an attorney to see if any "other damages" would be practical.

A class action suit would probably not work....
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