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Florida Small Claims Questions & Answers
2 Answers | Asked in Products Liability and Small Claims for Florida on
Q: Can I sue a private seller for telling me the car had a new water pump, when it is actually failing?

He claimed to have replaced the pump, that it has no mechanical issues, and the dealership told me the pump is failing and I need an engine replacement. I have physical proof of his claim, and the dealerships quote of 16k to repair the car.

Linda Liang
Linda Liang
answered on Oct 3, 2024

Have you changed the pump after they told you so? If so, you suffered the loss of at least the cost of a new pump. You can sue for them to pay you back.

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1 Answer | Asked in Criminal Law, Products Liability, Civil Rights and Small Claims for Florida on
Q: My friend lost my bag on a flight and doesn't want to get reimbursed for it.

My friend offered to take one of my bags home from Madrid (that contained clothing and a bunch of gifts for my kids) while I finished my Vacation in Europe. Her flight in Madrid was with Iberia. Then connecting in Miami (American) with final destination Orlando. She was tight getting on her... View More

James L. Arrasmith
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answered on Sep 24, 2024

It sounds like a tough situation, but there are steps you can take to seek reimbursement. First, contact Iberia or American Airlines directly to report the missing bag yourself, if you haven't already. Provide all the details, including the lost luggage report your friend filed, and emphasize... View More

1 Answer | Asked in Probate, Small Claims and Social Security for Florida on
Q: My father passed away without a will and the state is holding his last $1,800. Seeking advice for retrieval.

Possibly pro bono help since that’s literally all there is left. Needing to leave the area since I can’t make ends meet without his added income

James L. Arrasmith
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answered on Sep 6, 2024

I'm sorry to hear about your loss and the difficult situation you're facing. When someone passes away without a will in Florida, the process to retrieve their remaining assets, like your father's $1,800 held by the state, is known as intestate succession. Since the amount is... View More

1 Answer | Asked in Small Claims for Florida on
Q: A lawyer is contacting me about my days coin business for a deposition

Lawyer

So what is happening is my father who passed away in December 2022 had a coin reselling business. People would give my dad there coins and he would find buyers, sell them then give the original seller a percentage. I lived with him at the time and we rented an apartment. I had... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 14, 2024

If you had nothing to do with the business or the coins, tell him that, by submitting to a deposition if necessary. It appears that the lawyer simply wants to find out what happened.

1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: I inherited a house, can a credit card company I owe sue me for it
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 21, 2024

If your credit card account is delinquent, the credit card issuer can sue you on the account. If and when it gets a judgment, it can record the judgment, and thus have a lien on your house. And it could, in theory, foreclose the lien.

1 Answer | Asked in Civil Rights, Lemon Law, Small Claims and Government Contracts for Florida on
Q: I Mrs sierra would like to find out what lawyers suited oak tree center please if you can please help to take action to

Please if I can get help to get my records that they refused to send me just sign here and good bye

Tim Akpinar
Tim Akpinar
answered on Apr 23, 2024

A Florida attorney could advise best, but your question remains open for a week. The question isn't fully clear from your post, but it looks like you are trying to locate the lawyers who sued an entity that could be relevant to your interests, and that you want your records from them??? For... View More

1 Answer | Asked in Criminal Law and Small Claims for Florida on
Q: how do I start a suit against the state for being arrested under a law, that is now no longer a law, that's against 2A?

an arrest for carrying a concealed sidearm on ones person without a CCL, which as of july 1st; is no longer a law. yet that law was and still is unlawful when it stands against the constitutional rights that we all have. How does an individual stand against the state to right this wrong. law... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 28, 2024

If, as you suggest, the previous law was unconstitutional, it's likely that the courts would have found it to be unconstitutional before the law was changed. In short, you don't have a case.

1 Answer | Asked in Contracts and Small Claims for Florida on
Q: We won a lawsuit. Now the client is emailing threatening to sue again if we dont give her money. Can she do that?

She sued, we went to mediation, then court. The judge ruled in our favor, now today the woman started sending emails saying very negative things about the employee who handled the lawsuit, and saying if we dont give her money she will sue again. Is there anything we can do? Can she sue again?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 26, 2024

This forum is for general questions and answers. There is no way to tell from your post if someone could sue you or not a second time. At this point you need to consult with an attorney. Generally, someone cannot sue for the same thing twice as long as the case was decided on its merits.... View More

1 Answer | Asked in Contracts, Identity Theft and Small Claims for Florida on
Q: This guy is using me for money what can I do
Charles M.  Baron
Charles M. Baron
answered on Feb 23, 2024

You need to pick up the phone and call a lawyer. Look for a lawyer in your area who handles general practice. Justia has "Find a Lawyer" tab on the top, and you can try the Florida Bar Lawyer Referral Service.

When you do call, you need to be specific about who is using you...
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1 Answer | Asked in Small Claims for Florida on
Q: My now ex boyfriend bought me a car with payments, both names on loan, says and, now he wants the car dp or the car back

should i tell him to get the bank to refinance the loan ( to get my name off) or tell him to take me to court? I am in Tampa fl not miami.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 10, 2024

You will need to refinance the loan.

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.
Angelo "Tony" Marino Jr.
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 Civil Litigation and Small Claims for Florida on
Q: Are there any lawyers in Florida that can help me prepare a complaint and a demand letter for Small Claims court

I live in Sarasota County Florida. I have a very good countersuit against American Express. I would prefer to find a lawyer that would take this potential Identify theft by an AMEX employee along with provable fraud on the Loan Agreement (Forgery or falsification of the form etc) on a contingency... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 10, 2023

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

1 Answer | Asked in Landlord - Tenant and Small Claims for Florida on
Q: Can I get compensation for fixing and buying my own garbage disposal?

Hello! My leasing office has taken a week to fix a broken garbage disposal and I called yesterday to come fix it they have not. My Sink is extremely backed up.

James L. Arrasmith
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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

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

2 Answers | Asked in Civil Litigation, Small Claims and Personal Injury for Florida on
Q: can you sue in small claims court Florida for events created leading up to an injury
Charles M.  Baron
Charles M. Baron
answered on Sep 15, 2023

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

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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 Civil Litigation and Small Claims for Florida on
Q: I filed a small claims suit and it was accepted by the court seven weeks ago. Should I know my court date by now?

The defendant and I are both located in Florida. I filed a small claims court suit seven weeks ago and it was accepted. I paid court fees already. I have received no information since filing. Is this normal? Am I just waiting to get my court date?

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

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.

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1 Answer | Asked in Small Claims for Florida on
Q: i let a friend use my credit card and agreed for her to pay me back soon after, 9 months later and she hasn’t paid

a friend asked me for a favor to let them use my best buy credit to buy a laptop for their son that is going to college, i reluctantly allowed her to after asking me many times. She was my boss at my job at the time and i felt pressured to do her the favor. We agreed on paying me back a month or... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 17, 2023

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.

1 Answer | Asked in Small Claims and Consumer Law for Florida on
Q: Can I sue an automotive manufacturer in small claims court in Florida to obtain the service history for my vehicle?

Can I sue an automotive manufacturer in small claims court in Florida to obtain the service record history for my vehicle? The automotive manufacturer claims that the service history of the used vehicle I now own is "proprietary." I understand they need to protect the previous... View More

John Michael Frick
John Michael Frick
answered on Aug 17, 2023

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...
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1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Florida on
Q: Mechanic performed work to my car I did not authorize. Why do all lawyers I contact say they can’t take my case?

On May 28th I purchased a vehicle for $15,900 (Including tax & tags) from a used dealership. Paid in full, no warranty. 6 days later on 6/6, the vehicle broke down. I had the vehicle towed back to the dealer, and told them to have their mechanic “look at it, and let’s figure out a way to... View More

Jane Kim
Jane Kim pro label 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

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