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

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

James L. Arrasmith 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

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

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.

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.

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

Jane Kim 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

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

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

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

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

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 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

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

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... View More

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... 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

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