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Florida Small Claims Questions & Answers
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.

1 Answer | Asked in Small Claims for Florida on
Q: Can I take an invited party to small claims court for damage to my property they accidentally caused?

An individual, not a company, knocked on my door to ask if I needed my lawn mowed. They accidentally shot debris hard enough at my back door to cause the exterior glass to shatter. They admitted they were at fault and lied about paying for damages. It has been weeks and I have seen no money from... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 5, 2022

First, I assume that the damage is a deductible from you homeowner insurance so you have not made an insurance claim claim.

The damage may well be considered negligent on the part of the individual who was mowing you lawn. If you decide to take him to court, be aware that at the small...
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1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: After 1 year of paying agreement, the bank continuous to report to credit agencies being late, what recourse do I have?

The agreement authorized by a judge in court and to be paid on a monthly basis agreed by the bank and myself. But I have been denied loans and credit help because the bank reported since the date of the new agreement as been late on monthly causing a negative report of my credit worthiness. So I... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 31, 2022

It is impossible for any Florida lawyer to help you unless you give them legible copies of all the documents underlying this banking credit problem and the court documents you refer to here. Search for an experienced banking lawyer here on Justia and contact them.

1 Answer | Asked in Criminal Law, Traffic Tickets, Car Accidents and Small Claims for Florida on
Q: How can I clear an FR 3 suspension if I don't have the funds to pay the judgment?

I was involved in a minor accident in 2011. No damage to either vehicle. My insurance had lapsed and the other party filed a law suit. I moved out of state and realized years later a default judgment was entered against me. Now the dmv wants proof that the debt was satisfied before they will... View More

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

You indicate that there was no "damage to either vehicle", but the default judgment apparently indicates otherwise. I suggest that you get an attorney to negotiate a settlement (perhaps paying only a portion) with the judgment creditor.

1 Answer | Asked in Small Claims for Florida on
Q: What is the procedure after you loose in small claims ? How does the winner collect the money ?
Charles M.  Baron
Charles M. Baron
answered on Apr 26, 2022

If you are sued in small claims court and the plaintiff is awarded a money judgment against you, you have 30 days to either pay or appeal. If you don't do that (or if you file an appeal without obtaining a stay), you will likely be required to complete what's called the Fact Information... View More

1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: I’m suing my veterinarian. In this case, should I name the vets personally or sue their practice/company? Or both?

It’s a VCA hospital but I can’t figure out whether to name the defendant(s) as the veterinarians individually or the company they work for, or both. Any reply I’d appreciate.

Charles M.  Baron
Charles M. Baron
answered on Apr 24, 2022

Since you are asking this question, I assume you are representing yourself, and that you have not consulted with a lawyer to give you guidance on self-representation. If so, your case is almost certain to be dismissed because most lay people do not know what proof is necessary to prevent the case... View More

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... View 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... View 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... View 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
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... View 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... View 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... View 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... View 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... View More

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

She would have to take you to court.

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