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Florida Small Claims Questions & Answers
2 Answers | Asked in Small Claims for Florida on
Q: I live in a gated community next to a golf course. A golfer broke an expensive stained glass window with a golf ball.

The replacement cost ended up being over $2,000, of which our deductible was $1,000. I caught up with the golfer who agreed to pay my deductible, but gave me a fake name & address. I found out who he actually was & gave the information to my insurance company. The insurance company mailed... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 20, 2022

Yes, the chance of you personally winning or losing in any small claims court is the same: 50/50

If you hire an experienced lawyer to represent you, the chances of winning are markedly improved, but not certain.

P.S. Lose the argument about the golf course scorecard helping you...
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1 Answer | Asked in Small Claims for Florida on
Q: Can I sue a photographer for bad pictures?

I had recently hired a photographer to take pictures for my mother birthday. It took the photographer two weeks to send the pictures when we were promised 5 days. Then the pictures were rushed and properly edited. I want to know if I can sue even if it’s small claim court. I had paid $280 for... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 9, 2022

You can always consider a small claims case as it goes up to $8000, think about the time, effort and cost involved and then if you can really win. You need to pay filing fee and then for service of process, all over $280. I would advise that you try to nicely ask them to take a look at the photos... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: Can I take a car dealership to small claims if I signed an arbitration agreement? I’m in Florida.
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 5, 2022

No, if you agreed to arbitrate any problem you cannot go to any court.

1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: can i leave a bad review for a contractor that walked off the job w/o deformation/slander charges?

contractor walked off the job, demanded more money after being paid in full before finishing the job, shabby work, refused to finish work before being paid more money that the signed contract stated, didn't finish the work from original contract

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Mar 16, 2022

Generally speaking, "truth" is a defense to any defamation claim. It isn't defamation to make a true statement about someone.

1 Answer | Asked in Small Claims for Florida on
Q: I sold a vehicle in Florida. I signed the title and turned in the plate and proof of sale to the tax collectors office.

The new owner has not transferred the title into his name.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 15, 2022

If more than a week or ten days have passed since you sold the car this might be evidence of a problem.

However, the new owner of the car might be taking it out of state.

But just to be sure it doesn't come back and bite you, you should report this to DMV,

1 Answer | Asked in Small Claims for Florida on
Q: I have loaned a friend $14,26183 for pass due property taxes in Albany Ga. Can I take her to court for that amount?

She wants me to wait until , she sells the house to pay me. I loaned her the money on 2/21/2020 and no repairs has been done on the house, or has it been put on the market. 2020 came and she asked me to loan her $4261.83 for those taxes. with the condition the it was only for a couple of days. That... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 14, 2022

Sure, you could sue her. Remember there is a statute of limitations, either four or five years, depending on whether you have a written agreement. If you fail to sue within that period, you may be out of luck. I would sue now, or at least demand a mortgage on the property. And refuse to sign... Read more »

1 Answer | Asked in Probate and Small Claims for Florida on
Q: What would I have to do to get my dad’s property & assets? 3 days b4 dying he transferred them N2 his sister’s name.

He had no will & was not married. He and his sister went to the county and transferred everything into her name. He died from cirrhosis of the liver, and any web search shows that cirrhosis causes confusion in late stages of disease right before death. Not that it matters, but my aunt has no... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 9, 2022

I am very sorry for your loss on the passing of your dad. You would need to seek out a Florida Probate Litigation Attorney and discuss the matter with them with respect to your options. This would be related to undue influence and or your dad not having capacity to do what he did and related... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: I have two dogs that I owe $500 for that was verbally agreed to be paid today. Can she take them? Already paid 500.

We had a contract and I was supposed to pay in full on the 20th. I didn’t have it all and she agreed to take $200 on the 22nd which sh accepted and $500 today. Now she is saying I am breach of contract and she is coming with the police to take the dogs back and refusing the $500 payment I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 26, 2022

She would have to take you to court.

1 Answer | Asked in Civil Rights, Criminal Law and Small Claims for Florida on
Q: civil small claims action, taped it to my door and now I have 5 to reply. A law suit complaint.

My family including my deceased grandmother, my father & mother (alive) as of late my deceased uncle all had trusts. people whom surround my uncle who are posing as attorneys and real estate agents, threatening our tenants, claiming false statements. his late wife has been holding the books she... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 20, 2022

You seem to be asking two separate questions. Something about a rental premises, apparently held in trust. If someone else is the trustee, that person would probably have the right to receive the rent.

If you actually had been sued in small claims court, the summons and complaint could...
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1 Answer | Asked in Criminal Law and Small Claims for Florida on
Q: A PC that I was once in possession of has mysteriously disappeared in the house of some woman I do not know.

I was once the possessor of a desktop PC that my mother bought for me when I was 16. About a year ago, while in the midst of moving, my mom had stayed at a woman’s home. She brought some of her stuff over there, and just so happened to also bring along my PC (I was in a different state at the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 2, 2022

I am certain you can find a lawyer in Fort Lauderdale skilled enough to issue your mother for the return of your computer. However, doing so will cost you a pretty penny and will certainly not make your mom happy.

If I were you I would drop the subject.

4 Answers | Asked in Consumer Law, Small Claims, Bankruptcy and Divorce for Florida on
Q: My ex-husband is demanding I pay for a loan he got and I am not even on the loan.

My ex-husband cosigned a loan (sallie mae) for our daughter (who is a student and has mental health issues ). She is 23, is still studying (changed programs and college) and now they are getting billed $48,000 and he wants me to pay for it in its entirety since I was awarded our stocks as part of... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 1, 2022

This answer is based on the law in Florida. You have no legal obligation to pay the loan. What you are describing is a moral dilemma because you are a parent that cares about your child.

Good luck.

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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 PRO label
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 PRO label
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
PREMIUM
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
PREMIUM
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 »

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