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Florida Small Claims Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights, Collections and Small Claims for Florida on
Q: In Florida, is there a usual or set fee to send a letter of demand on money owed, or does it vary by lawyer or firm?

Have a copy of a hand written agreement by the person who owes me the money & notarized, for a specific amount to be paid per month. (Along with texts of agreement being made and pics sent by them of the letter while being written.) The payments have not been received since the initial payment... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 25, 2020

The fee is whatever you and the lawyer agree upon.

1 Answer | Asked in Small Claims for Florida on
Q: How to get monies loaned back?

On 28-SEP-2018, I foolishly loaned money to someone to help them purchase a vehicle. I did type up a letter stating all the facts, we both signed the document. I loaned him $8,800; in the document we signed he had agreed to repay me with his tax return. To this day, he still owes me $7,485 and has... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 24, 2020

You can take him to small claims court all on your own, you can contact the clerk of the court in the county where you live and they will provide or direct you to the paperwork that you need to file. In addition, the small claims limited starting this year have been raised to $8,000, so you also... View More

2 Answers | Asked in Landlord - Tenant, Real Estate Law and Small Claims for Florida on
Q: What size of "holes" in walls are considered normal wear & tear? Landlord claims we damaged/ruined walls w/ sloppy work

We used anchors to hang TVs, pictures etc. and we did our absolute best to try and patch up and paint over however each and every patch/repaint location was marked by our landlord for as he puts it "repairing all the walls that were damaged with the sloppy patching you did throughout the... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Feb 18, 2020

Well we don't have any statutory authority of what actually defines normal wear and tear. I would think holes in the wall would not be normal wear and tear but that depends on the overall condition and what your landlord has to do to cover up the attempted repairing of the holes. For future... View More

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2 Answers | Asked in Civil Litigation, Contracts, Civil Rights and Small Claims for Florida on
Q: Is sending late notice of payments owed on a notarized written agreement over a home via email counted as harassment?

Wife & I rented a home with a friend during the beginning of her divorce paying all initial costs, etc. After a short time, it was clear it would not work. After multiple attempts to discuss options, the only option she would agree to was her keeping the home. This meant having us replaced on... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 17, 2020

She can report anything she feels like, but I suppose you're asking if you are at some kind of legal risk if she does. It's unclear from your description if you're talking about just one solitary email asking for payment that triggered her reaction, but if just the one, there should... View More

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Florida on
Q: Am I liable for supposed water damage on a rental home if we never had any issues and never left windows open?

We recently moved out of a rental home and our landlord is looking for reasons not to give our security deposit back. We have been out for two weeks, and he sent photos of “water damage” That a “water damage specialist found”. He said the water marks show that water came from the window... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 17, 2020

Go look at the alleged water damage to find out if the landlord is being honest or just gaslighting.

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1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: If someone is shown favoritism because of their political parent’s status is it against the law?

The guy got out of getting a ticket after he did hit me because of who his parents were?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 16, 2020

No. Concentrate on protecting yourself rather than punishing others you don't like.

1 Answer | Asked in Criminal Law and Small Claims for Florida on
Q: Will she got to jail?

My friend has a criminal mischief charge and was ordered to pay 500 dollar restitution was not able to pay on time so the judge put her on 6 month probation her 6 months are up she paid off of the restitution but did not complete 25 community service hours as ordered was only able to complete 20... View More

Henry George Ferro
Henry George Ferro
answered on Feb 3, 2020

Depending on the reason for failing to adhere to the conditions, she may go to jail...

1 Answer | Asked in Consumer Law, Contracts, Construction Law and Small Claims for Florida on
Q: I have a contract to have flooring installed. The contractor has not come to complete the job. It has been months.

The contractor said he has a health issue, a boil on his butt...

I have also a contract with this same person to have vapor barrier installed. He said he would do it, but I have not seen him since September. What can I do?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 1, 2020

Send him a letter by certified mail that the contract is cancelled for non-performance on his part. Then find another contractor.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Florida on
Q: landlord told us to move 4 months into lease. We moved and she won’t give Deposit & last back as agreed. Is this allowe

Ok so back in 8/10/19 I moved into the house the landlord lived literally a crossed the street from me. The rent there was 1600. I paid $1600 deposit, last month, first month and 500 deposit fee. For my two dogs. One day the wife came and told us that she felt unsafe with my dog in the house and I... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Jan 23, 2020

When landlords don't comply with the requirements of F.S. 83 Part II for return of security deposit or if there are other credits to be returned the former tenant has to resort to small claims court to recoup these funds. Small claims court is set up for persons to represent themselves... View More

2 Answers | Asked in Collections and Small Claims for Florida on
Q: Years ago I lent some money to a friend. He vanished and recently discovered he is a paralegal in Montana.

The loan was made in California. I live in Florida now. He is Montana. I have sent by certified mail and certified email. I know he got the correspondence. I have offered him payment plans. I have asked him to contact me if there is some issue. He continues to ignore me. I doubt there is much I can... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 14, 2020

You're probably right: there doesn't appear to be anything you can do. You would have to sue him in either California or Montana, and the statutes of limitation in either of those states are probably less than 10 years.

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1 Answer | Asked in Small Claims for Florida on
Q: trying to collect a debt from a small claim decision in my favor
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 12, 2019

First, you get the court to order that the judgment debtor complete a fact information sheet. Once you have that information, you proceed to levy upon whichever non-exempt assets the debtor may have.

1 Answer | Asked in Small Claims for Florida on
Q: What area of law should Plaintiff hire for labor theft by contract deception?
Tim Akpinar
Tim Akpinar
answered on Nov 24, 2019

From the brief description, it isn't fully clear what the issue is. If people are leaving for another employer, as a general matter of public policy, people are usually free to do that, outside of contractual exceptions. If someone is deliberately doing things to undermine your business... View More

1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: Can a small claims case be filed in Florida for a unlawful towing? And how would I go about doing so?

His car was on the side of a naberhood road not on a main highway or interstate. Wasn't there for even two hours and was never tagged for towing. The reason given was abandoned. But this isn't true the car had all four tires and is registered to him. They even went inside of the car to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 20, 2019

Check with the clerk of court in your county about small claims procedures.

1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: Can a small claims case be filed on a unlawful towing in Florida?

My husband's car was towed the reson given was it was abandoned but it wasn't on the side of the road for not even two hours

Charles M.  Baron
Charles M. Baron
answered on Nov 19, 2019

Yes, he can file, but the real question is, what are his chances of prevailing? That depends on various factors, including whether there was a tow-away zone sign, what type of road it was on the side of, whether the side of the road is legal right-of-way, and other facts. For example, If it was... View More

1 Answer | Asked in Banking, Contracts and Small Claims for Florida on
Q: What is the statute of limitations on a breach of contract claim from a bank in Tennessee and Florida?

A national bank from an account in Tn in 2010 claimed Breach of Contract from overdraft/late fees on an account that was thought closed. In 2012, the bank sold the debt to a collections agency. Now, a (different) collections agency is attempting to collect on the debt plus huge amounts of interest... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 14, 2019

Either two, three or four years. So if I were you I would work within the two year possibility.

1 Answer | Asked in Small Claims for Florida on
Q: My condo was flooded 8 days ago. Repairs still have not been completed. No communication

Tenant upstairs (not even on the lease at the time) flooded my unit downstairs, said his washer overflowed. Carpets stink, the ceiling was removed, i have studs through the living area, dining area and kitchen. Bare light fixtures.

Tim Akpinar
Tim Akpinar
answered on Nov 13, 2019

As a starting point, you could contact a Florida attorney who handles property & casualty losses to review available insurance(s) that might cover the damage. Good luck

Tim Akpinar

2 Answers | Asked in Collections, Landlord - Tenant and Small Claims for Florida on
Q: Can a landlord send a claim to collections without litigation first? Miami, FL

After vacating my apartment complex, my previous landlord is threatening to send claims to collections. We did not put down a security deposit. We dispute the claim they are making. They refuse to send me the bill for damages, just stating " it cost xxxx to fix." They have only contacted... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 30, 2019

By "collections", I think you mean using a collection agency or collection law firm to demand payment from you. Sure, that's merely using a third party to act on behalf of the landlord instead of the landlord itself/himself/herself making the demands. If that occurs, send back a... View More

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1 Answer | Asked in Contracts and Small Claims for Florida on
Q: woman, is refusing to open the door to the sheriff to be served

What can be done? It's in Florida.

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

What does the deputy say? How does he or she know that the woman is at home?

Assuming you are the plaintiff, get the sheriff to file a return of service explaining in detail what occurred. Then, when it's time, ask for a judicial default.

1 Answer | Asked in Civil Litigation, Contracts, Lemon Law and Small Claims for Florida on
Q: A month ago I attempted to purchase a vehicle. Gave a $2000 down payment and was told I was approved but yet no contract

2 days after taking vehicle home, found out it needed a transmission. My salesman literally blocked me and my family from contacting him. So i filed a complaint with the Department of Motor Vehicles. 30 days later, expired tag, car doesn't move <haven't moved since dealership service... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 24, 2019

You didn't ask a question, but I suppose you are asking, "Can I take legal action against the dealer?" In your situation, you can't get a quick answer on-line. You must sit down with an attorney who will review all your documents related to the transaction and discuss the... View More

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Florida on
Q: purchased car put 2000 down drove off.. bank came back denied loan dealer ship wants car but wont return my down payment

i purchased a car at orlando hyundai paid 2000 down was told congratulations i drove off lot. weeks later bank says they require last 2 years tax return to confirm my Rental income... ( i have no rental income) so i told them no its just my check alone. which i make 30 a year. now they want car... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2019

Unless you find some way to get out of this SNAFU you will soon see a repo truck arrive to tow your new car away.

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