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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 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 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

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.

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 Civil Rights, Constitutional Law and Small Claims for Florida on
Q: If I get dv battery charge dropped in fl, what lawful civil retribution should I do?

Filing false police report, pain n suffering like whole unnecessary arrest, imprisonment and court fees? Kicked out of own house after she already moved out due to can't return to scene she claimed. Forced to abandon dogs until trial is done.

Charles M.  Baron
Charles M. Baron
answered on Oct 15, 2022

Retribution means punishing for revenge. I assume that's not what you mean; that you instead mean to ask what legal action you can take to seek monetary compensation for your loss of liberty, economic losses, and emotional distress. You certainly may sue your accuser (your ex) for malicious... View More

1 Answer | Asked in Small Claims for Florida on
Q: I received a voluntary dismissal without prejudice. Can I file a motion for clarification and ask it to be changed?

I would like to motion the court for clarification of the "voluntary dismissal without prejudice" vs why the dismissal is not filed as "dismissal with prejudice". If no such reason is clarified and accepted by the court, can I ask the court to move the dismissal to that of "with prejudice"?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 8, 2022

If the plaintiff complied with Florida Small Claims Rule 7.110 (a) (1), the plaintiff can dismiss without prejudice. The plaintiff doesn't have to submit a reason.

See https://www-media.floridabar.org/uploads/2022/01/Small-Claims-Rules-10-28-2021.pdf

1 Answer | Asked in Small Claims for Florida on
Q: Do I file a motion to dismiss or strike or just ask to disregard uploaded e filed dockets? Self representation

I have a small claims pretrial hearing, and there have been dockets that were electronically uploaded through the e file service my county provides, and it duplicated ATTACHMENTS/EXHIBITS to PLEADING. also, two dockets failed to upload all the pages of the ATTACHMENTS/EXHIBITS to PLEADING. I am the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 21, 2022

I suggest you bring this up at the pretrial hearing. It is extremely doubtful that redundancy or judicial confusion will be a problem. If some of the attachments are missing, ask that the defendant be ordered to supplement them.

3 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: If suing a LLC business, and the principal address and mailing address are different, which address should be served?

The business I am suing is an LLC and is also franchised. This will be a small claims case in the state of Florida. For the business I am suing, there is a principal address listed, a mailing address listed and also a registered agent name and address listed. Which of these addresses should receive... View More

Mark R. Osherow
Mark R. Osherow
answered on Sep 20, 2022

Florida Statutes 48.062, Service on a limited liability company. states:

(1) Process against a limited liability company, domestic or foreign, may be served on the registered agent designated by the limited liability company under chapter 605. A person attempting to serve process...
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1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: Can I obtain possession of my sister's ashes when I paid all expenses?

My sister passed 9/2021. I paid all expenses, equaling over $2,000, because my BIL did not have the funds. He picked up her remains since he was the husband. Now he is refusing to allow us access to her children and my mom has always wanted some of her ashes. Would I be able to be awarded... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 4, 2022

No, sorry. He is entitled by law to her ashes because he was married to your sister at the time of her death. If you can prove that the money you paid was a loan, and not a gift, you may be able to prevail in a small claims lawsuit against him. You'd have to sue him in Florida. Be forewarned... View More

2 Answers | Asked in Consumer Law, Contracts and Small Claims for Florida on
Q: Hello, we are in need of legal advise as to whether we should sue in small claims court.

We hired a couple to do epoxy floors on our garage floors. They said their product came with a 6 year warranty. We paid them $800 and after a month, the flakes started coming up. We contacted them to fix the issue and it was one excuse after another. They offered us a refund and to re-do our... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 31, 2022

The only avenue open to you, with any chance of success is small claims court. If you prevail to judgment, you are entitled to costs. Make certain that you sue the correct legal entity. Many clerks have information and forms on their websites. You can find the Florida Small Claims Rules online.

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1 Answer | Asked in Employment Law and Small Claims for Florida on
Q: Is there any reason I would be exempt from my bonus?

1.8 years ago I referred an employee to my company during a referral bonus promotion, 5K after three months of her employment, and another 5K after one year. She was hired and started work last Sept. I received the 5K bonus after 3 months (but had to “nudge” the regional director and payroll to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 31, 2022

Yes, without looking at the paperwork, it looks like you will be entitled to the additional $5,000 on September 15th.

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Florida on
Q: Should I file a small class action suit or replevin? Am I entitled to any additional damages?

I paid an ac co. $6000 for a system and install. They installed everything excepts ducts then refused saying there were spiders in crawlspace. They said they would take everything, keeping $1000 for their time. I told them I now owned the equipment and not to take it unless I got a full refund.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 29, 2022

If you sue them for the $1,000 they are trying to keep, replevin would not make any sense, you would not be out they money you paid them. You might want to talk to an attorney to see if any "other damages" would be practical.

A class action suit would probably not work....
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1 Answer | Asked in Family Law, Landlord - Tenant and Small Claims for Florida on
Q: I need to know if I have any options and should I move out of the house?

My grandfather got me an house to live in. I have paid the mortgage for over 7-10 years. My grandfather died and my father took over the house. He refinanced in his name. He was able to do that because his siblings signed over the rights only if the house remained mines. The mortgage on the house I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 25, 2022

It looks like your father can, if he knows what he's doing, evict all of you, including your boyfriend. The two of you probably should start looking for a different place to live.

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Florida on
Q: Civil: defendant admits under oath he walked off the job/notcomplete work, paid in full. Judge still ruled in his favor

I had the outline of what work he was to do, I paid him in full he didn't finish. In court he & his 2 witnesses admit they didn't complete the work. He also got caught lying under oath. I had proof to back up all of this. The judge ruled in favor of the defendant!

After I... View More

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

Hopefully, there was a court reporter present so that a record of what happened is available. If so, find an attorney to appeal ASAP.

1 Answer | Asked in Contracts, Business Law, Civil Litigation, Small Claims and Libel & Slander for Florida on
Q: Can I be sued, and if so what can I do?

I had a small pet sitting gig where I offer pet sitting services. I was contacted by a gentleman to overnight pet sit for 10 days (06/17 - 06/26). We agreed, he paid me 80% up front. (No contract signed, no witness to the agreement) My partner and I stayed from 06/17 - 06/19, and I stayed by myself... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 23, 2022

It appears that he is threatening to tell people bad things about you, not physically attack you or anything like that. Arguably it's a threat to defame (slander) you. Could you sue him if he did? I probably wouldn't bother.

Why should you care if the police won't make a...
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1 Answer | Asked in Contracts, Real Estate Law, Collections and Small Claims for Florida on
Q: I have a motion for attorney fees against me, they are threatening a lien on a property I do not own?

I filed a small claims suit against my boyfriend's HOA for wrongful tow of my car. Missed the hearing, so it was dismissed. Judge ruled for the motion for attorney fee's, $3,000. Letter was sent to the address where the incident took place (not a home I own, but my boyfriend does). They... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 20, 2022

HOA documents provide for prevailing party attorneys' fees and costs to be assessed against a party litigating a HOA matter. Owners are liable for the actions of their guests, tenants and anyone living in their property. A lawyer would need to read the HOA declaration and the complaint to... View More

1 Answer | Asked in Contracts, Criminal Law and Small Claims for Florida on
Q: I signed POA to my boyfriends mother. Only to get my car out of impound. She now says the car is my ex and it’s hidden

My ex-boyfriend and I was both in jail. A friend of ours got my car impounded. My daughters grandmother offered to pay to get it out of impound. if I would sign the title over to her to give to my daughter. which was a nice suggestion if I wanted to sell it I still wanted my car. My ex-boyfriend... View More

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

It depends, of course, on the wording of the POA. If it gives her authority to convey title to someone else, you are probably out of luck. If, on the other hand, it merely gives her authority to pay the impound fees and take possession, you might be able to take it up with the DMV.

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