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Florida Small Claims Questions & Answers
1 Answer | Asked in Small Claims for Florida on
Q: My mom got a car loan under her name for a vehicle for me, i paid every month for the vehicle and paid it off, my mother

Is demanding the car back, claiming that since the cars title is on her name still she rightfully owns it.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 24, 2020

Hopefully you have a written contract with her. If not, you might have problems.

1 Answer | Asked in Small Claims for Florida on
Q: US Code 38 chapter 5301 (a). Veterans rights against creditor claims & judgements.

Morning, I have Jefferson Capitol Systems, original creditor, and xxx attorneys for plaintiff still pushing for a garnishment and or judgement against me regarding an old bill from 2016. Oct 29th I have a pre trial court date via zoom. I have submitted to court, a petition added to my case on... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 21, 2020

Whether your assets are exempt from execution is one issue; whether a judgment against you is quite another. The purpose of the pretrial conference on the 29th is to determine whether you owe the money and whether a judgment should enter. Only after that happens, and the judgment creditor tries... Read more »

1 Answer | Asked in Small Claims and Collections for Florida on
Q: If i signed a written agreement is there a way to cancel it? Or is it a done deal?

If i signed a written agreement but havnt made a payment, is there a way to cancel it or once its signed is it a done deal? It was for a old bank account about 8 or more years ago

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2020

Not possible to tell without more info and a copy of the documents you signed.

3 Answers | Asked in Contracts and Small Claims for Florida on
Q: While incarcerated a friend paid a retainer w/my check to the wrong lawyer who did nothing can I get that money back?

I was recently incarcerated due to a warrant for violating probation (reckless driving case) Unbeknownst to me, my friend retained the wrong attorney & paid him $2,500 with one of my checks. The only thing he did was file a Notice of discovery and lied about having a court date the night before... Read more »

Linda Liang
Linda Liang answered on Oct 2, 2020

I think you have right to get your money back because there is no engagement agreement and he did not do any work.

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2 Answers | Asked in Criminal Law, Arbitration / Mediation Law, Civil Litigation and Small Claims for Florida on
Q: I sold a trailer but because of a EMERGENCY I had to leave state before I could give him his trailer.

Now I have to stay longer than expected. If we made an agreement on payments to pay him back, could he have me arrested of I fail to make payments on time?

Henry George Ferro
Henry George Ferro answered on Sep 22, 2020

Sounds very problematic and you need to either give the money back or get him his trailer immediately...depending on the value of the trailer you could be charged with either a felony or misdemeanor (probably a felony).

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2 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for Florida on
Q: bank account garnish in small claim court in Polk county, where I live years ago.

when I found out my money was frozen that was giving to me, I did not know what to do. I did not know my rights. so, my husband file a emergency bankruptcy to get a stay. Not knowing I would have a right to ask for a claim of exemption and request for hearing in the court. We didn't file the... Read more »

Victoria Morales
Victoria Morales answered on Sep 16, 2020

Once a bankruptcy case is dismissed, the Bankruptcy Court will not look any further into it, there is no case.

You do not specify under which classification you are entitled to an exemption of claim. If you are able to bring the evidence that proves your entitlement, then the Judge is...
Read more »

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1 Answer | Asked in Small Claims for Florida on
Q: A person is stating they left 3 pairs of shoes at my house. How do I defend myself in small claims court?

The police were called and stated on their report that the person got all of their belongings. They were no shoes left at my house

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 24, 2020

If you are actually sued for 3 pairs of shoes, you would defend yourself by testifying that the shoes were not left there.

1 Answer | Asked in Small Claims for Florida on
Q: Was I wrongfully towed? My car was parked in my assigned spot for my townhome.

I'm a college student living at home with my mother who owns our townhouse. My car was parked in one of two of our assigned spots marked on the ground with our house number written on the pavement. It was towed at 12:30am so everyone was asleep. It was towed for an expired license plate but my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 24, 2020

As law enforcement told you, the car was towed for an expired tag, not for violation of the HOA rules. Until the expired tag is replaced, it is indeed expired.

1 Answer | Asked in Small Claims for Florida on
Q: What is the statue of limitations on how long the plantiff has to file a hearing after missing court ordered mediation?
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 10, 2020

The in small claims court, missing court-ordered mediation is grounds for a dismissal by default. So if the case is dismissed the plaintiff will have to ask to reinstate the case. A statute of limitations really has nothing to do with it.

1 Answer | Asked in Business Law, Civil Litigation and Small Claims for Florida on
Q: Can a shipper avoid carrier's limit of liability and file a small claims for actual cost of cargo?

- no shipper's written declaration of the

shipper's choice of liability.

-no reasonable opportunity to

choose between two or more levels of liability.

-bill of lading after cargo damage

Damage caused by gross negligent of carrier when loading... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 7, 2020

None of this makes any sense-unless it is the meat of some law school exam question. Have a nice weekend.

2 Answers | Asked in Products Liability, Real Estate Law, Landlord - Tenant and Small Claims for Florida on
Q: Who is responsible for the damage to my bathroom ceiling after upstairs owner neglected to get clogged pipes fixed??

My upstairs neighbor neglected To fix his leak and over the course of six months has been flooding me with poop water. He ruined my Venetian paint with yellow stains. In March he said he will fix it and I have been waiting ever since and today he told me he is only responsible to paint with regular... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 25, 2020

He is responsible to paint it the way it was before he damaged it.

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1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: What type of attorney would I retain for a small claims issue?

My ex boyfriend refused/refuses to return my fathers ashes. I live in Florida and he lives in Texas, and with the covid travel restrictions I cannot travel there to file a claim against him myself, but I’ve read an attorney can do so for me. He’s said the ashes were disposed of but I can’t... Read more »

Charles M.  Baron
Charles M. Baron answered on Jul 21, 2020

Whatever type of attorney is needed, he/she must be a member of the Texas Bar in order to represent you in Texas court. Unless your ex took the ashes from Fla. to Texas, he would have to be sued in Texas. Also, if Texas Court's operate the same as Florida's, you don't have to... Read more »

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Government Contracts and Small Claims for Florida on
Q: If you leave your property on city property does it become owned by the city?

Volunteers/nonprofit leaving goods overnight.

City then uses such goods, and claims such property is owned by them.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 21, 2020

If it's abandoned, and whether that is the case depends on all of the circumstance, it can be taken by anyone.

1 Answer | Asked in Real Estate Law and Small Claims for Florida on
Q: Condo law question. Seeking reimbursement from HOA mgr

I own a condo in FL and the management office had contacted me many times stating that the unit below me was experiencing water damage from my condo bathroom. Since I live out of town I asked the mgr who phoned me to have condo maintenance handyman inspect. Maintenance eported back that there was... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 3, 2020

Yes, you can ask for reimbursement. Hopefully you have documentation from the condo maintenance handyman.

1 Answer | Asked in Small Claims for Florida on
Q: Husband and I had capital one credit card, someone bought the account and is taking me to small claims

It’s from 2015 or 2016. The account got closed and because of interest the amount owed doubled. A company bought the account and is taking me to small claims, all of this during a pandemic! Do I have to show up/do the zoom? Do I need a lawyer.

Phillip William Gunthert
Phillip William Gunthert answered on Jul 2, 2020

Yes, always be sure to show up and fight them as they are always trying to get default judgments, that is their game mainly. Also, they bought the debt, they need to prove they have ownership of the debt and are the rightful person to collect upon it, can they prove they are the owner and the debt... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: I backed into a woman’s bumper with my mother’s vehicle, can my mother be sued?

So I am technically on an expired license, and the lady also does not have a valid driver’s license, so she did not call the police. This happened in a parking lot of a convenience store. No police reports filed. Info exchanged (my phone number and ID) and she took a photo of the license plate. I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 26, 2020

Sure, you and probably your mother can be sued. You should immediately notify your mother's insurance carrier.

3 Answers | Asked in Real Estate Law and Small Claims for Florida on
Q: We purchased a foreclosed house, but are unsure if we need to send a 3 day notice for eviction.

We recently purchased a foreclosed property in Palm Beach County, Florida. There are squatters currently occupying the house, and we are attempting to evict them. We were issued a self service packet with forms for unlawful detainers. The forms mention nothing regarding a 3 day notice, nor do they... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 22, 2020

No; unlawful detainer actions don't require 3-day notice as otherwise required by Florida Statute 83.56 (3). Florida Statute 82.03 provides that

"... (1) A person entitled to possession of real property, including constructive possession by a record titleholder, has a cause of...
Read more »

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1 Answer | Asked in Small Claims for Florida on
Q: I am trying to get a professional opinion on a Fair Use project

I posted a Fair Use project on the internet using other's copyrighted content. I got a response from the original copyright holder saying that what I made isn't Fair Use and that I should take it down. I agreed, but only under the condition that I reevaluate my Fair Use project and get a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 17, 2020

If what you posted was a copyright infringement (and not protected by "fair use"), it's not negotiable. If you don't take it down, he can sue you. And it's not "small claims" either, by the way.

1 Answer | Asked in Small Claims for Florida on
Q: A debt collector is suing me for a student loan from 2010. When I checked my credit report, that account doesn't show
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 11, 2020

Maybe the credit reporting agency missed it somehow. But what is your question. It appears that there may be a statute of limitations issue; when did you last make a payment?

2 Answers | Asked in Estate Planning, Real Estate Law and Small Claims for Florida on
Q: Dad died verbal give house mom verbal agree House mine. I have recording. Mom want to evict.
Phillip William Gunthert
Phillip William Gunthert answered on Jun 5, 2020

Verbal is not written and it is not a Will or Trust and it is not a deed and it is not even what Florida Intestate Statutes (without a Will) state. I think you have a real problem here as parents are allowed to change their mind and verbal promises and change their estate planning Will, etc.,... Read more »

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