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Florida Small Claims Questions & Answers
1 Answer | Asked in Small Claims for Florida on
Q: Can a gun store refuse to show me my receipt for a past purchase, which they legally must have record of.

They fraudulently sold me a lower value rifle in the place of a top tier rifle. I recently learned this because I sold the rifle to another man, and had to give him a refund. Now that the rifle has been shipped back, I've confronted the store owner, and they refuse to show me my receipt, which... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 4, 2022

Receipts are for customers such as you. I believe you will find that the federal requirement regarding the keeping of copies of such receipt is for the benefit of BATF, not customers. If you believe that you have been defrauded, failed to keep your receipt, and want a refund, it appears that you... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: I had stone countertops installed. The contractor broke the piece by the sink. Also chips in the top. Do I pay balance?

The stone yard is requesting full payment but will not come out to inspect the install. Do I pay balance or withhold til the counters are installed properly? Yes a contract was signed

Jane Kim
Jane Kim answered on Dec 19, 2021

There is no legal answer to this that would tell you most definitely one way or another. Of course, your contract may provide some guidance. I would try to withhold payment until they do it right. However, even if your home is homesteaded, they can still put a lien for the balance. You can try... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: back to back suits

hello

say i have a neighbor who blasts music 12hours per day and has been doing this for 8 months. Can I sue for the 1st month in small claims, then the second month after the 1st suit has settled. Then the 3rd month etc etc I dont see a difference if i specify the times I am sueing for... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 13, 2021

What money damage would you ask for? Suing serially in small claims seeks like an absurd way to try to keep whatever damages you are seeking in small claims court; and I don't see what you hope to gain by doing so, anyway.

1 Answer | Asked in Small Claims for Florida on
Q: Am I responsible for a credit card debt that is solely on my wife name, and can the merchant go after my name also ?
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 3, 2021

No, you are not responsible and the creditor (normally a bank, not a merchant) wouldn't be able to successfully sue you.

4 Answers | Asked in Collections and Small Claims for Florida on
Q: I am being sued by a collection agency for FingerHut. Court date 12-14. What can I do

I am a single mom and a student full time, and looking for a part time job, I have had quite a few obstacles the last few years and I am trying to move forward. The bill is for 1200, and I can not pay it, maybe a payment plan. I just need some help and I do not know what else to do.

Barry W. Kaufman
Barry W. Kaufman answered on Dec 3, 2021

Call the attorney who filed the suit or the person who signed it and try to arrange a payment plan.

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2 Answers | Asked in Banking, Business Law, Consumer Law and Small Claims for Florida on
Q: Can I dispute a debit card purchase I never received?

I ordered a jewelry piece that was filed as misdelivery/nondelivery by my local post office. Claims were filed with the PO but then I was later told the seller did not insure their package so my PO cannot continue with a refund and I need to contact the seller. I do so and the seller refuses to... Read more »

Jane Kim
Jane Kim answered on Nov 27, 2021

Just call them!

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2 Answers | Asked in Personal Injury and Small Claims for Florida on
Q: My hair damaged and fell out from johnson and johnson
Michael  Mayoral
Michael Mayoral answered on Nov 22, 2021

You may have a claim, the type of case would be called "product liability." You should consult with a product liability attorney in your area.

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1 Answer | Asked in Banking and Small Claims for Florida on
Q: I missed my pretrial hearing that was for a debt collection. The judge defaulted me and award the plaintiff

This was 2 days ago 11/10. I forgot about the court date unfortunately. Do I have any options? This case is in Orlando Florida

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 13, 2021

You could file a motion to set the default aside, claiming excusable error on your part. it would be up to the judge.

1 Answer | Asked in Small Claims and Landlord - Tenant for Florida on
Q: The subfloors are rotting in my apartment in Florida, and repairs have no occurred after 30+ days. What can be done?

The floor began warping and became rotted approximately 2 months ago, at which point a maintenance request was summited digitally. The complex manager has dragged her feet about selecting a party to make the repairs, and the floor is getting worse by the day. We (my roommates and I) believe that... Read more »

Michael  Mayoral
Michael Mayoral answered on Oct 29, 2021

In Florida, there is a legal principle known as the Implied Warranty of Habitability. Florida landlords are required to keep their rental properties in safe and livable condition. According to the state’s “implied warranty of habitability,” Florida tenants are guaranteed a livable rental... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: My wife will probably be found guilty next week of a $4000. in a credit card judgement.

Fortunately she is judgement proof ( ss and retirement pension).

Is there anything that should be presented at the trial to highlight this fact?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 19, 2021

A small claims case is civil, not criminal; so she won't be "found guilty". If she is found to be liable for the debt, a judgment will be entered against her.

The fact that she is judgment proof is irrelevant. However if she discloses her financial circumstances, the...
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3 Answers | Asked in Criminal Law, Personal Injury and Small Claims for Florida on
Q: I was assaulted in the workplace, how can I sue the individual who assaulted me?

Already working on a PI case against the employer.

Michael  Mayoral
Michael Mayoral answered on Oct 12, 2021

You would sue the person who assaulted you in the same lawsuit as the PI case against your employer. I suggest that you retain an attorney to handle both matters, or tell the attorney you already have on the employer case that you also want to sue the individual.

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1 Answer | Asked in Small Claims for Florida on
Q: I had a final judgement filed against me, how do I avoid liens in Florida as I live at home and don’t own property?

I called the plaintiff and worked out a payment plan for the balance. I just want to avoid liens as I don’t own any property or assets

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 5, 2021

If you don't own any real property, a judgment lien doesn't affect you. And, should you want to acquire property in the future, and when the payment plan is successfully concluded, you can get the plaintiff to release the lien.

1 Answer | Asked in Landlord - Tenant and Small Claims for Florida on
Q: Can my landlord place a clause in my rental agreement that I can’t change my address info to my new residence?

Oral agreement, demanding cash only, not allowed to change mailing address or have proof of residence to new residence as it might affect her SSDI. refuses to give rent receipts, has changed the rental agreement and then broken it in a 10 day span and then served notice of termination of tenancy,... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 4, 2021

No, because there's no such thing as inserting a clause in an oral agreement. Clauses are written, and your rent paid is paid.

She sounds like a loon. Just move and end the drama.

2 Answers | Asked in Small Claims for Florida on
Q: do I have to pay 20 year old debt

in 2001 i left my boat at the marina unable to pay rent yesterday i got letter to pay money

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 3, 2021

No. The statute of limitations is much shorter than that.

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2 Answers | Asked in Small Claims, Criminal Law, Banking and Collections for Florida on
Q: A while back I had a friend he opened a credit card and added me as a authorized user I got my own card and he got his

We stopped talking haven’t had any contact for months and I’ve been taking care of the card making on time payments there is a balance due and he just froze the account and took me off the account as of today. If I don’t pay that amount that’s left owed now on the account could I be held... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 3, 2021

As an authorized user, you are not responsible to the credit card company for the balance unless the cardholder agreement specifically makes you liable. Otherwise,

The balance is on him.

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1 Answer | Asked in Small Claims for Florida on
Q: I am being sued by a collection agency. I was served a summons but the claim attached is for someone else.

LVNV is the plaintiff in broward county small claims court. I looked online for the court documents filed were for me. I was going to file an answer after I was served. When I read it over the claim served to me was for someone else being sued by the same law firm. I dont know how I should... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 31, 2021

Wait as long as possible and then file a ANSWER, using this fact as your first affirmative defense.

1 Answer | Asked in Consumer Law, Personal Injury, Landlord - Tenant and Small Claims for Florida on
Q: Please read below, thank you in advance

I need a consultation regarding my landlord that I've been renting a room for about 2 months. I've been unable to stay this entire month because she filed false allegations against me that caused an injunction. I've read that filing false allegations are criminal and I intend to sue... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 30, 2021

I am certain that there are many experienced lawyers who will litigate a small claims case against your obnoxious landlord; however, not for free. Why?

(1) Because the amount of money involved is way too small; and

(2) because they cannot collect their fees from the landlord;...
Read more »

1 Answer | Asked in Collections and Small Claims for Florida on
Q: How do I request a fact info sheet after I have been awarded a judgment?

The judgment did not have language pertaining to a FIS. This was against a business and the owner in small claims court.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 26, 2021

It depends on how the clerk of court handles it in your county. Call the clerk's office and ask; the clerk might have a form to fill out or you might need to file a motion asking the judge to order it.

2 Answers | Asked in Collections and Small Claims for Florida on
Q: How do I request a fact info sheet after I've been awarded a judgment?

The fact info sheet was not sent to the defendant (business and owner) with the final judgment notification. The defendant is ignoring this judgment.

Barry W. Kaufman
Barry W. Kaufman answered on Aug 26, 2021

If the judgment has language concerning the FIS, just do a motion requesting the court enter an order requiring the defendant respond to a FIS. Of course he is ignoring it - until you put pressure on him to voluntarily pay, he isn't going to do so.

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1 Answer | Asked in Personal Injury, Health Care Law and Small Claims for Florida on
Q: I just swallowed a piece of plastic that was on my sandwich from Wendy’s, what can I do about that?

I showed the manager the plastic and she knew exactly where it came from.

Stephen Arnold Black
Stephen Arnold Black answered on Aug 5, 2021

OK so I have had several cases like this. If you see blood in your stool or if you pass blood, don’t be alarmed, because this usually goes away after a while with a very sharp object like glass or sharp plastic is adjusted. If you do pass blood, make sure you take a picture of it so that you can... Read more »

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