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Florida Small Claims Questions & Answers
2 Answers | Asked in Civil Rights, Real Estate Law and Small Claims for Florida on
Q: Hello my dad passed way two year ago I he have a house whit a lien on it can still transfer title to my name

But that lien will show on my credit after transfer

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 8, 2019

You need to file a probate petition. Assuming that the property is in Florida, you should contact a Florida attorney who can advise you how to proceed. It may be necessary to pay off the lien, but in any case I would doubt that the lien will show on YOUR credit reports.

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1 Answer | Asked in Collections and Small Claims for Florida on
Q: If I have not received a summons to appear in court do I need to go?

I found out I was being sued by a creditor by looking the case up online. It said I need to appear in court on 3/27/19. I have not been served with a summons yet.

Barry W. Kaufman
Barry W. Kaufman answered on Mar 25, 2019

There is no requirement that you appear if you have not been served.

1 Answer | Asked in Civil Rights, Small Claims and Municipal Law for Florida on
Q: What can I do about loud and rude Airbnb party house?

There’s a small apartment building next to mine which is rented out on airbnb exclusively for parties. They usually party very late with loud music and can stay up all night. Earplugs don't help. As it’s different people every time, asking them to be quiet has gotten really old. The host is... Read more »

Charles M.  Baron
Charles M. Baron answered on Mar 20, 2019

An attorney can definitely help you to solve this terrible problem. There are three issues to examine: (A) whether the AirBnB rental is legal to begin with, which will depend on your city zoning code and other ordinances, (B) whether the noise exceeds permissible noise levels specified in your... Read more »

2 Answers | Asked in Business Law, Civil Litigation and Small Claims for Florida on
Q: Can an S corp in TN file in small claims court on default loans without attorney representation? Same question in FL.

we extend loans to our customers that are always $5,800 or less and would like to find out if we can utilize small claims court to obtain judgment on defaulted loans.

Charles M.  Baron
Charles M. Baron answered on Mar 20, 2019

In Fla., a corporate entity can generally proceed without an attorney in Small Claims Court, where the maximum amount sued for is $5K (plus court costs). Of course, that entails the principal or his/her designee being in Court in person, possibly on multiple occasions.

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1 Answer | Asked in Products Liability and Small Claims for Florida on
Q: Can we sue for our money back

Bought a car online, they stated in writing that there were no issues with car. So we bought it, took to our mechanic 2 days later and it has $1000+ damage that needs to be fixed. Bad motor, blown head gasket, thermostat, and radiator hose. They refuse to give us our money back.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 15, 2019

Yes, you can sue, provide that you didn't sign some "as is" waiver of warranty.

1 Answer | Asked in Small Claims for Florida on
Q: As a small claims plaintiff in Florida, am I allowed to question my own witness or does the judge ask all the questions?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 30, 2019

At trial? Yes, you will be expected to question your witness, as well as cross-examine any witnesses the defendant calls.

1 Answer | Asked in Small Claims for Florida on
Q: It is a big Company who may well have assets in the USA. - If they have, can you than sue them?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2019

Yes, but for small claims you have to sue them in the Florida county where they are located.

2 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: I need to know how to go about to start a writ of replevin of property that I own and has not been returned to me.

I have called the county clerk and they dont even have the slightest clue in how for me to start the process. I have searched online for the packet so that I can fill out and submit and nothing is found.

Mark Siegel
Mark Siegel answered on Jan 11, 2019

You seem determined to DIY. Personally, I would advise against that, especially in a fairly technical area of law such as replevin. If an attorney does not fit into your budget, you could try Legal Aid, Florida Bar pro bono, your church or elsewhere to find a free or reduced price lawyer.

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1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: A car rental company is falsely claiming that I damaged their car in an accident. How to fight them?

I already told them that I didn't have any accident on their car. They keep insisting on their claim. I don't want to provide my personal car insurance because my premium will automatically go up, just for opening a claim with them for investigation purposes. I did not have any accident and... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 8, 2019

Demand from them all evidence that they claim proves that the damage was your fault, and then if you, on your own, can't convince them to back down, set an appointment for a law office consultation - or alternatively discuss the claim with your insurance company, which would provide an attorney to... Read more »

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Florida on
Q: hello i need to know when my duties with a financed card debt ends if the car is towed and sold in auction.

the car dealer is suing the towing company because they sold the car. I don't have any car have to return the tag but they said that i have to continue paying the car payments remaining 6000.oo dollars.

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Sep 27, 2018

Your obligation to pay the loan is complete when the loan is paid off.

If the car is sold at auction because it broke down and the sale is to cover storage or repair costs you did not pay, the amount realized from the sale will pay the bill for the storage or repairs and any excess will...
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1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: My 16 year old son traded vehicle that is name and mine his mother

I want to know if my son has a case against the other party to get his car back . The vehicle has cracks all over the windshield and its doesn't run he never considered the fee for the title and the tag. That's the mentality for a 16 year old. The other party the young man was 25 and his father... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 25, 2018

A minor doesn't have the legal capacity to enter into a contract, so yes, you could in theory avoid the contract and get the vehicle back.

1 Answer | Asked in Small Claims for Florida on
Q: Is gas station liable for my damaged car that went into a uncovered hole?

After going into the hole I had to get a tow truck to lift my car out so not to do further damage.it ruined my tire and rim and cracked my front bumper .after couple months of emails sent pics and 2 estimates that they asked for I just got a denial letter.it was an uncovered manhole type near the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 18, 2018

It depends on what portion of negligence the judge or jury it ascribes to you and the gas station, respectively. One would think that it was somewhat negligent of you to not see the hole before you drove into it.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Florida on
Q: in Florida, what's the statue of limitations for filing a small claims court suit for an unreturned security deposit?
Richard Paul Zaretsky
Richard Paul Zaretsky answered on Sep 16, 2018

If the lease was in writing, the obligation is enforceable for 5 years. If not in writing, it is 4 years. Have an attorney look at your situation immediately. If there is a security deposit violation by the landlord the attorney fees for the tenant may be recoverable as part of the damages.

1 Answer | Asked in Collections and Small Claims for Florida on
Q: How do I obtain a civil subpoena for production of bank account information?

I won a small claims trial but the debtor will not pay up. It's not a financial issue, they're just slimy, so my best chance to recover the judgment is to subpoena a third party like their landlord or a cash app for this person's bank account(s). I can't find information on how: there are no forms... Read more »

Jeffrey Schatzman
Jeffrey Schatzman answered on Jul 30, 2018

Post-Judgment discovery in a small claims case is governed by Florida Small Claims Rule 7.221. Under that Rule, you can serve the defendant with a Fact Information Sheet Form 7.343 (FAS). The FAS requires the defendant to provide financial information including bank account statements and tax... Read more »

1 Answer | Asked in Consumer Law, Contracts, Identity Theft and Small Claims for Florida on
Q: Due to an identity theft a loan was taken out against my truck the loan was in default and my truck was illegally repos.

Can I file replevin to get my truck back?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 27, 2018

It seems like that might work.

1 Answer | Asked in Small Claims for Florida on
Q: In florida small claims court, can the plaintiff call the defendant's supeoned witnesses first?

Plaintiff has listed as witness a witness defendant has supeoned.

Alex McClure
Alex McClure answered on Jul 20, 2018

Sure. I dont see why thin would be an issue. Its up to the judge, ultimately but Ive personally done it as a practicing litigation attorney.

1 Answer | Asked in Small Claims for Florida on
Q: I believe the opposing party in a small claims court plans to use a document that may be fraudulant. What can I do?

Am I allowed to research the document before the trial?

Alex McClure
Alex McClure answered on Jul 15, 2018

In small claims there isnt necessarily a discovery deadline to produce. You will though have the opportunity to cross examine the party attempting to authenticate and introduce the document.

1 Answer | Asked in Small Claims and Gov & Administrative Law for Florida on
Q: Buyer has signed title to vehicle I have signed title as the owner the truck broke down as the buyer was bringing it

Home They don't want the vehicle but the title was filled out at a tag office and finalized things today what are my options plus I told him if you tow the truck back to me and pay the tow fee I will give you your money back but I'm sure their insurance is towing what do I do with the title how... Read more »

Alex McClure
Alex McClure answered on Jul 7, 2018

Well for now you are still the titled owner of record. You probably dont just want to let the vehicle sit or it will be towed and cost much more than you will pay to have it towed now, REGARDLESS of who agreed to what.

Your decision here should be more guided by whats convenient for you...
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2 Answers | Asked in Civil Litigation, Collections and Small Claims for Florida on
Q: What sum cost are included on page 2 of Motion For Continuing Garnishment?

Motion For Continuing Garnishment form in the state of Florida. On page 2 of that form, it states, " Plaintiff further moves the court to award the Plaintiff the costs incurred in this Garnishment action in the sum of $___." What cost do I add and/or place in the blank__?

Barry W. Kaufman
Barry W. Kaufman answered on Jun 19, 2018

Every county clerk website has a page of fees. I imagine that you will file the motion in person, so the cost to file the garnishment is $85.00. The sheriff will serve the writ in your county for $40.00. *Make sure you get the garnishee correct.* If the garnishee hires an attorney to file an answer... Read more »

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1 Answer | Asked in Small Claims for Florida on
Q: Jefferson capital suing for fingerhut. Can I get a dismissal based on generic bill of sales and no signed agreement

Refused settlement offer in pretrial conf requested production. They sent a few statements two bills of sale from 2 other debt collectors. They are both generic that do not include my name or account number. No credit agreement signed sent. And 1 redacted spreadsheet that has my name balanced owed... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 14, 2018

It is unlikely that you will prevail at trial. They don't need a credit agreement signed by you; chances are there is an "account stated" count in the complaint. This means that if you received billings and failed to object you are liable. They will, at trial, probably prove the assignments of... Read more »

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