Lawyers, Answer Questions  & Get Points Log In
Florida Small Claims Questions & Answers
1 Answer | Asked in Collections and Small Claims for Florida on
Q: What if they DIDN'T notify you prior to garnishing your wages? Can I get it desolved because of that?
Barry W. Kaufman
Barry W. Kaufman
answered on Jan 21, 2023

You are not notified prior to the garnishment. You should receive, or have received, a notice of your rights and an exemption form. Make sure the plaintiff's attorneys have your correct address.

1 Answer | Asked in Small Claims for Florida on
Q: I have a small c. court in Orange Cty. The sheriff was not able to serve the plaintiff and we have a new addrs in Tampa.

How do I proceed now? Do I need to file a new request with the new address to the Sheriff? Can they serve someone in Tampa?

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

You would ask the Hillsborough County Sheriff to serve the summons.

1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: I am being taken to small claims court as a defendant. I am a contractor and being sued. 3 years later

We removed the flooring in his home and his foundation was cracked. After giving him options of methods to proceed he said he would think about it. I then called him to see what he was going to do and he had hired another contractor to install his new flooring. Then demanded the balance of his... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 19, 2023

You are required to furnish the documents he requested within the timeframe he requested it. You should retain an attorney to defend yourself.

1 Answer | Asked in Small Claims for Florida on
Q: Can Defendant in Small Claims case change the scope of Plaintiff's complaint at the hearing?

I filed a Small Claims suit against my ex to pay half of shared $8,000 debt as specified in our divorce settlement. Ex has grievances on issues including child care and holidays, also specified in the divorce decree, and has engaged an attorney to represent her at Small Claims court. Can they... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 18, 2023

All of these issues should be addressed in the divorce case. The small claims case should be dismissed.

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...
Read more »

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 Car Accidents and Small Claims for Florida on
Q: If being stop at a stop light intersection and a cyclist strike your vehicle when you have a green light.

Police taken report, if drive of the vehicle was not a fault. What options would the driver have to proceed with this case? Drive was not injured, unknown status of cyclist.

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2022

If the driver was not injured, what does the driver need help with? I suggest you submit a new post to clarify that.

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 »

1 Answer | Asked in Employment Law, Employment Discrimination and Small Claims for Florida on
Q: I'm a 1099 contractor of service, I recently refused to sign a non compete, now client refuses to pay. What can I do?

I'm a independent contractor working for a cleaning service for the past 3 months. The owner of cleaning service has paid me every Saturday for work completed. However, they just recently asked me to sign a non compete. I politely declined and resigned from my services. Now the owner is... Read more »

Kevin Sanderson
Kevin Sanderson
answered on Oct 31, 2022

This is a concern. You worked the hours in question and the non-comp was not a part of the agreement.

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 »

View More Answers

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...
Read more »

View More Answers

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.

View More Answers

1 Answer | Asked in Employment Law and Small Claims for Florida on
Q: Is there any reason I would be exempt from my bonus?

1.8 years ago I referred an employee to my company during a referral bonus promotion, 5K after three months of her employment, and another 5K after one year. She was hired and started work last Sept. I received the 5K bonus after 3 months (but had to “nudge” the regional director and payroll to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 31, 2022

Yes, without looking at the paperwork, it looks like you will be entitled to the additional $5,000 on September 15th.

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....
Read more »

1 Answer | Asked in Family Law, Landlord - Tenant and Small Claims for Florida on
Q: I need to know if I have any options and should I move out of the house?

My grandfather got me an house to live in. I have paid the mortgage for over 7-10 years. My grandfather died and my father took over the house. He refinanced in his name. He was able to do that because his siblings signed over the rights only if the house remained mines. The mortgage on the house I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 25, 2022

It looks like your father can, if he knows what he's doing, evict all of you, including your boyfriend. The two of you probably should start looking for a different place to live.

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.