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Florida Small Claims Questions & Answers
1 Answer | Asked in Consumer Law, Business Law, Landlord - Tenant and Small Claims for Florida on
Q: Can I get my application fee back if the application was not complete?

I applied for an apartment and was asked to pay an application fee of $290. Later the management team had a server change and I was asked to pay the application fee again. It was $60 this time. I paid another $60 because the front desk said they could refund the money back through bank or credit on... View More

Erik A. Perez
Erik A. Perez
answered on Sep 17, 2024

Yes, you appear to have a viable claim against the management company. There are several causes of action that seem applicable. I think you need to apply some pressure, as I'm not sure what their intention was, but the optics aren't great for them and this could be seen as stealing. I... View More

2 Answers | Asked in Contracts, Landlord - Tenant and Small Claims for Florida on
Q: I hired a lawyer and sued my former landlord. We won. My lawyer has stopped helping me. How do I collect?

I don't know what to do?!?!

Charles M.  Baron
Charles M. Baron
answered on Sep 5, 2024

First step, if you haven't done it already, is to send the judgment to the defendant with a demand to pay by X date. If no cooperation, the next step is to request the Court to order the defendant to complete and execute a Fact Information Sheet, which is for assets/income disclosure (if the... View More

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1 Answer | Asked in Small Claims for Florida on
Q: I receive a notice that a small case claim filed again me has received a lack of prosecution notice.

The plaintiff file a notice of good cause and attempted a mediation session with me, but I let them know I would not be able to attend. They filed a failure to appear for mediation report and there is a status hearing for the case in August, the notice says if I want the cased dismissed I am not... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 22, 2024

No. You don't need to attend the lack of prosecution (LOP) hearing. The chances are that a default judgment will be entered against you unless you contact the plaintiff and settle the case by the August status hearing.

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights, Small Claims and Health Care Law for Florida on
Q: Is there a law that prohibits a person from entering into a hospital? I received a Cease and desist letter.

I visited an Emergency room as a patient. I was subjected to Blood borne substances, unknown fluids and used bed sheets. When I filed a complaint, an Attorney wrote a letter stating I am not to enter into the hospital until this dispute is investigated. So, in essence am I being denied medical... View More

James L. Arrasmith
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answered on Jun 26, 2024

Based on the information provided, here's an analysis of the situation:

1. Generally, there is no law that broadly prohibits a person from entering a hospital. Hospitals are typically open to the public, especially emergency departments which are required to provide emergency medical...
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1 Answer | Asked in Small Claims for Florida on
Q: I live in FL, could I sue a mechanic for refusing to refund a $400 deposit due to him no-showing to our appointment?

This is a mobile mechanic, there was no written agreement but more so a verbal agreement that he'd show up to work on my vehicle on Sunday at 9am, he barely answered any calls or texts throughout the day, I advised him that if the work didn't get completed on Sunday, my car would be... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 11, 2024

If so motivated you can take him to small claims court and file a lawsuit there in the county where this took place, if you are motivated you can handle it all yourself, just know the time and cost involved (filing fees, service of process and your time and effort), whether the $400 is worth the... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for Florida on
Q: How can I get a phone back from an ex that I pay for still and owe 700 dollars on still and is under my name

He is an abiser and narcissist he also stole battieries and the bsttiery port oit of my belongind and wont rerun that as well

Charles M.  Baron
Charles M. Baron
answered on Jun 10, 2024

If you're talking about theft, you have the option of calling the police. However, if your ex would give them a story contrary to yours about who owns what, the police would likely say it's a civil matter and leave him alone. To have a good set-up for taking action in the civil court... View More

2 Answers | Asked in Collections and Small Claims for Florida on
Q: Can my friend sue me even if what I owe him, is under my name.

I split a boat club membership with two of my friends, the contract was suppose to last 2 years but was automatically renewed if we didn’t cancel in advance. My friend and I agreed, that the membership would be under my name and his card would be under the payments. After 2 years it was... View More

Charles M.  Baron
Charles M. Baron
answered on May 28, 2024

IF the club contract is a legally valid contract providing for automatic renewal (which it may or may not be), then you had the responsibility to timely cancel to avoid automatic renewal. Whether you have liability to you friend depends on the terms of agreement with your friend. If you had an... View More

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2 Answers | Asked in Collections and Small Claims for Florida on
Q: Can my friend sue me even if what I owe him, is under my name.

I split a boat club membership with two of my friends, the contract was suppose to last 2 years but was automatically renewed if we didn’t cancel in advance. My friend and I agreed, that the membership would be under my name and his card would be under the payments. After 2 years it was... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 27, 2024

Yes, he can sue you. Whether he is successful is another matter. The membership was in your name, but it was renewed without your consent? You had the responsibility of canceling, else it would automatically renew.

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1 Answer | Asked in Consumer Law, Small Claims and Contracts for Florida on
Q: Around 2 weeks ago I loaned a "friend" 200$. We both signed a note stating the amount loaned the date to be paid and a

Sentance stating if not repaid he has to surrender his vehicle keys to me.

The money has not been repaid. He will not answer text/calls.

How can I enforce the part of his keys being surrendered to me.

Angelo "Tony" Marino Jr.
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answered on Apr 8, 2024

You would need to sue your "friend" in small claims court for breach of contract and specific performance of the agreement. It will cost you about $100 to file and serve your friend, but if you win the case the cost will be part of the judgment against him. I suggest you go to the small... View More

1 Answer | Asked in Bankruptcy, Employment Law, Collections and Small Claims for Florida on
Q: My wages were garnished but I don't make enough money to be garnished, what do I do?

I have multiple judgements against me from different debts but same law firm. I don't make enough money for my wages to be garnished and haven't in years. The law firm reached out to my employer and threatened that if they don't garnish my wages then they'll attempt to garnish... View More

James L. Arrasmith
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answered on Mar 4, 2024

Facing wage garnishment when your income does not meet the legal requirements for such action can be distressing. First, it's important to understand that federal and state laws provide specific protections for individuals in your situation. For instance, there are limits to how much of your... View More

1 Answer | Asked in Real Estate Law and Small Claims for Florida on
Q: i inherited 50% ownership in condo and my 2 brothers own 50%. they refuse to pay for windows. can i sue them

what are my rights as 50% owner. if i buy another 10% to get me to 60% am i better off. can i go to small claims court, if not where

T. Augustus Claus
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answered on Mar 1, 2024

As a 50% owner of a condo in Florida, you have equal rights to the property alongside your brothers who own the other 50%. If they refuse to contribute to necessary maintenance such as window replacement, you can indeed take legal action to enforce their contribution towards these expenses.... View More

1 Answer | Asked in Small Claims and Civil Litigation for Florida on
Q: What motion is recommended when I missed a civil court date? Pro se defendant & didn't receive e-notice of hearing date.

I am representing myself as Defendant in a civil lawsuit brought on by a construction contractor. I had filed a Motion to Dismiss in July 2023. The hearing for my Motion was rescheduled repeatedly by the court. I did not receive notice for the rescheduled date (2/12/24), missed the hearing, and my... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 22, 2024

You could call your motion "Motion to set Aside Order Denying Motion to Dismiss", or something like that. It doesn't much matter what you call it; more important is that you clearly state what you want and why. Contact the judge's judicial assistant for a date and time for the... View More

1 Answer | Asked in Public Benefits, Small Claims and Social Security for Florida on
Q: I am over $4K in SSI debt to the SSA because my payee failed to keep my assets below $2K for 5 months in 2021 and 2022.

My representative payee has admitted in an email to me that the "oversight" was their responsibility. I am interested in obtaining an attorney for representation in getting my payee to pay the $4K+ to the SSA so that my monthly SSI benefits are no longer reduced, which they currently are,... View More

James L. Arrasmith
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answered on Jan 23, 2024

Facing an overpayment situation with SSI due to the actions of your representative payee can be challenging. In your case, since your payee has admitted responsibility for the oversight, you have grounds to seek a resolution where the payee assumes the financial burden of the overpayment.... View More

1 Answer | Asked in Small Claims for Florida on
Q: What action can be taken if the business would not provide an address where a summons could be served?

I began a small claims action against a defendant for work done cleaning the roof of my home, which damaged the gutters. The server said the address I provided had no such business, but that he made phone contact with an individual at the business who would not provide a business address where... View More

John Michael Frick
John Michael Frick
answered on Jan 23, 2024

In Florida, a business entity can be served either by serving its registered agent for service of process or by serving the person holding one of the positions within the entity that are specified by statute. You can search for the names of such individuals and the address where each can be served... View More

1 Answer | Asked in Small Claims for Florida on
Q: What are our options and does she have any grounds to stand on?

We just recently got a gift from my mother. Which whom we don't speak with due to family issues. About a month ago my mom sent an email aski if we wanted to take her 9 month old puppy as she no longer wants to keep her or take care of her. After my wife and I spoke, we decided to make... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 7, 2024

You might want to send her a letter setting forth your version of what happened, as you have described here. Attach any documentation, including the email she sent you. If in fact she does consult with attorneys for the purpose of taking you to court, and that is by no means a foregone... View More

1 Answer | Asked in Small Claims for Florida on
Q: Can I pay the amount of a debt direct to the court after received the final judgment and. Notify the counter-part?

Is it necessary to fill form 7.343 form requested in the final judgment?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 14, 2023

Yes, you can either pay the judgment amount into the registry of the court or to the plaintiff's attorneys of record. You should ask for a satisfaction of judgment and, when you have that, you wouldn't have to complete and return the fact information sheet.

2 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: Is a Motion for Summary Judgement allowed in Florida small claims court? If so, is an answer required?
Charles M.  Baron
Charles M. Baron
answered on Dec 2, 2023

Though you can file any motion you feel like filing, a small claims court judge is not supposed to use the summary judgment motion procedures that are set forth in the Fla. Rules of Civil Procedure unless those rules have been invoked by court order. The reason small claims court exists is to have... View More

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1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: Are there any lawyers in Florida that can help me prepare a complaint and a demand letter for Small Claims court

I live in Sarasota County Florida. I have a very good countersuit against American Express. I would prefer to find a lawyer that would take this potential Identify theft by an AMEX employee along with provable fraud on the Loan Agreement (Forgery or falsification of the form etc) on a contingency... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 10, 2023

Sure, there are some lawyers handling general practice or general civil litigation who can advise you on how to represent yourself in small claims court, including assisting the the forms. Searching for "lawyers" "small claims" "[your location]" would be a start.... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for Florida on
Q: Can I get compensation for fixing and buying my own garbage disposal?

Hello! My leasing office has taken a week to fix a broken garbage disposal and I called yesterday to come fix it they have not. My Sink is extremely backed up.

James L. Arrasmith
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answered on Oct 23, 2023

In Florida, landlords are generally required to maintain the rental property in a habitable condition. If the broken garbage disposal is causing your sink to be backed up and rendering it unusable, it may be considered a necessary repair. Before taking matters into your own hands, it's... View More

2 Answers | Asked in Civil Litigation, Small Claims and Personal Injury for Florida on
Q: can you sue in small claims court Florida for events created leading up to an injury
Charles M.  Baron
Charles M. Baron
answered on Sep 15, 2023

You inquiry is vague as to what you mean by "events created...". If you have been damaged/injured by the unlawful act of another, you can sue in small claims court for up to $8,000 plus court costs, and in some types of cases, attorney's fees and prejudgment interest are awardable... View More

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