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Florida Small Claims Questions & Answers
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.... View 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... View 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?

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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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...
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1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: How much should I sue for in small claims court for false advertising?

I recently did a program with a company that offers a $1000 prize in a variety of gift cards or in a Paypal or Cash App transfer. They try very hard to avoid paying but I documented and screenshot everything. I have confirmation in writing from their customer service that I wanted to receive my... View More

Angelo "Tony" Marino Jr.
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Angelo "Tony" Marino Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

Taking everything as true, you would have a claim for unfair and deceptive trade practices and breach of contract. You can claim $1000 and let the company say it is worth less and let the judge decide. This is a small claims case.

1 Answer | Asked in Small Claims for Florida on
Q: I hired a lawyer to collect a debt. The debt was settled outside of court but not by who I sued. do i owe the lawyer?

I hired a lawyer to collect a debt from A+B. A+B filed bankruptcy. Someone that knows A+B contacted me and paid the debt. Now the lawyer wants 25% of the money. And the lawyer has filed a suit against me...do i owe him?

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2023

A Florida attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney, the short answer is that it usually depends on the terms of the retainer or agreement. Good luck

1 Answer | Asked in Small Claims for Florida on
Q: How can I have a judgement that's been entered in against me since the process server filed a false return of service.

I was never served the paperwork for a lawsuit that had been brought against me. My fiance came across a court date that was scheduled for me when she was trying to get the court documents from a wrongful foreclosure we had at the beginning of the year and she noticed another court entry listed... View More

John Michael Frick
John Michael Frick
answered on Sep 12, 2023

File a timely motion for new trial or a timely appeal of the judgment.

2 Answers | Asked in Collections and Small Claims for Florida on
Q: Can I be held responsible for payments on a gift my ex bought me with a loan she took out while we were together?

I told her not to get it while we were together she is now not paying for it and wants me to take over the payments.

Joel Gary Selik
Joel Gary Selik
answered on Jul 20, 2023

If you did not take out the loan or co-sign, no you are not responsible to the lender.

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1 Answer | Asked in Small Claims for Florida on
Q: Does Small Claims form 7.343 have to be submitted to the court or directly to the Plaintiff only?

CASE NUMBER: 50-2022-SC-021234-XXXX-MB

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 28, 2023

You should not file the completed fact information sheet with the clerk of court, because it contains personal information which you don't want the public to be able to access. Deliver it to the plaintiff, or (of the plaintiff is represented by an attorney) to the plaintiff's attorney.

1 Answer | Asked in Real Estate Law and Small Claims for Florida on
Q: In 2019 my mother passed away and left her florida home to my sister and me. I put forth a proposed amout to buy her out

Which she accepted and I wrote her a check. As executor of my mothers estate she authorized the home title change solely to me. Three years later I sell the home and she now is suing me for more money. What are my options and does she have any kind of case.

James Clifton
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James Clifton
answered on May 20, 2023

You would need an attorney to review the complaint she filed to figure out the basis of her claim. If there was a written agreement that clearly outlined that you were purchasing her portion of the house that she would inherit, that agreement would likely be upheld. If it was an oral agreement, you... View More

1 Answer | Asked in Small Claims, Contracts, Family Law and Collections for Florida on
Q: My daughter cosigned a car loan for an ex. He has since been arrested and hasn't paid. Apparently the girl he was with

Hiding the car and the leasing company can't repossess. My daughter is now incurring the bad credit. What can she do?

Rand Scott Lieber
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answered on Apr 11, 2023

For financial relief she can sue the ex in small claims court. Regarding the car, perhaps she can report it as stolen. Unfortunately her credit is going to take the hit because she cosigned, regardless of these other two possibilities.

2 Answers | Asked in Small Claims for Florida on
Q: Can i sue an ex for money I sent through cashapp as payment for a planned trip that never happened?

My ex invited me on a trip to costa rica and said we were going to split the resort and hotel cost so I sent my half and that very same week she was having car issues and called to borrow money for her car and said she would pay it back. We had a falling out the week after and now she wont send me... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 30, 2023

Yes an agreement can still be enforceable even if it is not in writing.

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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... View 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... View 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 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 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... View 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.

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