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Florida Small Claims Questions & Answers
2 Answers | Asked in Contracts, Landlord - Tenant and Small Claims for Florida on
Q: My roommate is listed as "Primary" and I'm listed as "Co-applicant" on our lease agreement e-signatures. She may

cause us to get evicted because of her exotic animals which are against the least agreement. Will the eviction negatively impact my credit score or anything else of mine? Also, if I chose to move out right now, instead of when our lease ends, will i have any liability. I can prove the that the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 10, 2020

If your roommate gets you guys evicted neither of you should be liable for whatever unpaid rent. If your roommate leaves both of you are liable for the remaining rent; and you must pay all of it yourself. If you leave the same is true for her.

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1 Answer | Asked in Small Claims for Florida on
Q: is it suspicious if a lawyer tells you that the defendant will pay for his fees in a contingency agreement in Florida?

There was an event a couple months ago where my car illegally got towed and I was forced to sign a contract to get it back. I hired a lawyer on a contingency fee agreement. An agreement that also included the defendant paying the lawyer fees if we win. Recently my lawyer notified me that the case... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 16, 2020

Normally, before a case is settled your attorney would get settlement approval from you. Did your attorney contract give your attorney settlement authority or did the attorney ask you to approve the proposed settlement?

1 Answer | Asked in Small Claims for Florida on
Q: I have Friends A, B, and C who are all on a lease agreement for a townhome. Friend A had a girlfriend. She won’t leave.

As far as I know, Friend A invited her over and it was during her stay that they broke up. Friend B and C do not want her there anymore, and as far as I know neither does Friend A. Is it still possible for Friends B and C to issue a trespass claim to the ex? And is it possible because of the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 10, 2020

I believe all three tenants (A, B, and C) would have to join in a lawsuit to evict A's ex-girlfriend. If, by "trespass claim", you mean reporting an allegation of criminal conduct to the proper authorities, I doubt that the police or state's attorney would prosecute.

4 Answers | Asked in Bankruptcy and Small Claims for Florida on
Q: Does successfully cashing a previously bounced NSF debtor's check during a ch7 bankruptcy violate the automatic stay?

My Ex took $1000 that did not belong to her. She claims the taking was in error. She wrote a check to repay the $1000 which bounced due to NSF. She told me she was stopping payment on the check and filing bankruptcy. She demanded I return the check to her. I refused unless she signed a payment... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 17, 2020

It appears to me that, since you didn't know if the bankruptcy filing when you cashed the check, you have not violated the automatic stay.

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1 Answer | Asked in Consumer Law, Criminal Law, Small Claims and Products Liability for Florida on
Q: If somone where to charge someone’s credit card without there permission or Pryor authorization what would happen

If someone charged my visa credit debit card without Pryor authorization the amount being $700.00 usd what could would should happen to said person?

Jean Richardson
Jean Richardson answered on Mar 6, 2020

The person can be charged with fraudulent use of credit card. You should immediately notify your credit card company if your card was fraudulently used. In addition, you can contact the local authorities if you desire prosecuting this person.

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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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.

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