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Florida Small Claims Questions & Answers
1 Answer | Asked in Landlord - Tenant and Small Claims for Florida on
Q: Can my landlord place a clause in my rental agreement that I can’t change my address info to my new residence?

Oral agreement, demanding cash only, not allowed to change mailing address or have proof of residence to new residence as it might affect her SSDI. refuses to give rent receipts, has changed the rental agreement and then broken it in a 10 day span and then served notice of termination of tenancy,... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 4, 2021

No, because there's no such thing as inserting a clause in an oral agreement. Clauses are written, and your rent paid is paid.

She sounds like a loon. Just move and end the drama.

2 Answers | Asked in Small Claims for Florida on
Q: do I have to pay 20 year old debt

in 2001 i left my boat at the marina unable to pay rent yesterday i got letter to pay money

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 3, 2021

No. The statute of limitations is much shorter than that.

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2 Answers | Asked in Small Claims, Criminal Law, Banking and Collections for Florida on
Q: A while back I had a friend he opened a credit card and added me as a authorized user I got my own card and he got his

We stopped talking haven’t had any contact for months and I’ve been taking care of the card making on time payments there is a balance due and he just froze the account and took me off the account as of today. If I don’t pay that amount that’s left owed now on the account could I be held... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 3, 2021

As an authorized user, you are not responsible to the credit card company for the balance unless the cardholder agreement specifically makes you liable. Otherwise,

The balance is on him.

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1 Answer | Asked in Small Claims for Florida on
Q: I am being sued by a collection agency. I was served a summons but the claim attached is for someone else.

LVNV is the plaintiff in broward county small claims court. I looked online for the court documents filed were for me. I was going to file an answer after I was served. When I read it over the claim served to me was for someone else being sued by the same law firm. I dont know how I should... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 31, 2021

Wait as long as possible and then file a ANSWER, using this fact as your first affirmative defense.

1 Answer | Asked in Consumer Law, Personal Injury, Landlord - Tenant and Small Claims for Florida on
Q: Please read below, thank you in advance

I need a consultation regarding my landlord that I've been renting a room for about 2 months. I've been unable to stay this entire month because she filed false allegations against me that caused an injunction. I've read that filing false allegations are criminal and I intend to sue... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 30, 2021

I am certain that there are many experienced lawyers who will litigate a small claims case against your obnoxious landlord; however, not for free. Why?

(1) Because the amount of money involved is way too small; and

(2) because they cannot collect their fees from the landlord;...
Read more »

1 Answer | Asked in Collections and Small Claims for Florida on
Q: How do I request a fact info sheet after I have been awarded a judgment?

The judgment did not have language pertaining to a FIS. This was against a business and the owner in small claims court.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 26, 2021

It depends on how the clerk of court handles it in your county. Call the clerk's office and ask; the clerk might have a form to fill out or you might need to file a motion asking the judge to order it.

2 Answers | Asked in Collections and Small Claims for Florida on
Q: How do I request a fact info sheet after I've been awarded a judgment?

The fact info sheet was not sent to the defendant (business and owner) with the final judgment notification. The defendant is ignoring this judgment.

Barry W. Kaufman
Barry W. Kaufman answered on Aug 26, 2021

If the judgment has language concerning the FIS, just do a motion requesting the court enter an order requiring the defendant respond to a FIS. Of course he is ignoring it - until you put pressure on him to voluntarily pay, he isn't going to do so.

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1 Answer | Asked in Personal Injury, Health Care Law and Small Claims for Florida on
Q: I just swallowed a piece of plastic that was on my sandwich from Wendy’s, what can I do about that?

I showed the manager the plastic and she knew exactly where it came from.

Stephen Arnold Black
Stephen Arnold Black answered on Aug 5, 2021

OK so I have had several cases like this. If you see blood in your stool or if you pass blood, don’t be alarmed, because this usually goes away after a while with a very sharp object like glass or sharp plastic is adjusted. If you do pass blood, make sure you take a picture of it so that you can... Read more »

1 Answer | Asked in Products Liability and Small Claims for Florida on
Q: How do i find a lawyer in jax
Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2021

Look in the yellow pages. Lawyers tend to be listed by areas of focus.

2 Answers | Asked in Small Claims for Florida on
Q: What happens if I sue a person for a job they didn’t do and I win the case but they don’t have the money to reimburse me

I paid a man to fix my car and he didn’t fix what needed to be fixed he didn’t want to give me my car back and once I report it stolen I have finally got it back from the police and saw that the damage was worse than before I want to take him to court if I win this case what will happen if he... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 4, 2021

This is America. No one ever "goes to jail" just because they owe you money.

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1 Answer | Asked in Car Accidents and Small Claims for Florida on
Q: When requesting a motion to appear telephonically do I need to state the reasons why I would rather appear virtually?

The court is in Florida and I live in Georgia. Do I need to put in the motion a reason such as distance or can I just request to appear virtually and leave it at that?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 2, 2021

Yes, of course you should give your reasons. It is up to the judge, and if you don't give your reasons it is more likely that the motion will be denied.

2 Answers | Asked in Civil Litigation, Contracts and Small Claims for Florida on
Q: Our daughter in law borrowed our car and totaled it. There was no collision coverage. The tow company is coming after us

To pay the bills for towing and storage. They have threatened a lien on our drivers license. Are we legally obligated to pay?

Linda Liang
Linda Liang answered on Jul 30, 2021

A car owner is strictly vicariously liable if the driver's negligence causes your damages in a Florida crash. This law is called the dangerous instrumentality doctrine. You could also be held liable for negligent entrusting your vehicle, if your daughter is in no good condition to drive a car... Read more »

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1 Answer | Asked in Personal Injury, Car Accidents and Small Claims for Florida on
Q: I finally got a court date for a small claims case. Would I be able to request to appear virtually? I'm the plaintiff.

I live in Atlanta. The case is in Orlando.

Charles M.  Baron
Charles M. Baron answered on Jul 26, 2021

You can certainly request it, but to find out whether the judge would consider it, call the judge's judicial assistant and ask him/her. You might be required to file a motion to make that request and to set your motion for a telephonic hearing. Or you might be told, "no, you filed suit... Read more »

1 Answer | Asked in Personal Injury and Small Claims for Florida on
Q: I'm pregnant and ate yogurt that was spoiled that I baught today what can I do
Charles M.  Baron
Charles M. Baron answered on Jul 20, 2021

You did not say if you got sick from the yogurt. If you did, and you went to the emergency room or an urgent care center, save the yogurt and promptly consult an attorney. If you did not get sick, your remedy is a refund from the store.

1 Answer | Asked in Civil Litigation, Criminal Law and Small Claims for Florida on
Q: Criminal law: is it illegal for me to tow a car that is registered to me to regain possession if I loaned it out

If I let someone use my car but then I change my mind and I ask for them to return it and they refuse, is it illegal for me to have it towed?

Henry George Ferro
Henry George Ferro answered on May 26, 2021

Based on what you are saying, I would say you are safe…you may wish to ask for law enforcement to assist you.

2 Answers | Asked in Divorce and Small Claims for Florida on
Q: Can I take legal action against my ex-husband for not refinancing the house?

My ex-husband and I have been divorced since August 2017. In the divorce settlement, which we did without lawyers, he was given the asset of the house, with the intention that he would refinance (removing me from the mortgage). Since then, he has refused to refinance every time I ask him about it.... Read more »

Mr Eric Klein
Mr Eric Klein answered on Apr 13, 2021

Assuming the settlement agreement stated he would be required to refinance, then yes. File a Motion to Enforce the Final Judgment. Serve him with the papers and you're off and running. If the settlement agreement is silent as to the refinance, you may have to file a petition to partition the... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Small Claims for Florida on
Q: I have a car that my friend had used her driver license in North Carolina to get me a car I just put the money up front.

She’s being nasty and wants the car back. I moved too Florida with family and I don’t have a way to get back down here if I go up there and the car is titled and registered too her and she just won’t come and get her car so if I hypothetically got towed for parking could it or she come after... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 7, 2021

Sounds like you trusted the wrong person. The car is legally hers. If it was purchased in North Carolina, and you then drove it to Fla., you are at risk of her reporting it stolen, and you getting arrested for theft. You should immediately confirm with her, IN WRITING, the "deal" you... Read more »

1 Answer | Asked in Collections and Small Claims for Florida on
Q: I did some work on a yacht ($300) and found out the owner sold it and never paid me. What can I do? Is it even worth it?

I found out Friday afternoon the owner had an offer on his boat and was closing the following Monday. I told the yacht broker about the situation and he said to email him the invoice ($300) and he would take care of it at the closing. Of course he never did. Is there anything I can do? Is it even... Read more »

Charles M.  Baron
Charles M. Baron answered on Mar 23, 2021

You may sue whomever you did the work for in small claims court, and you could first try sending a demand letter stating you will file in small claims court if not paid. Whether it's worth your time is a question only for yourself to answer. You'd have to find out from the Clerk's... Read more »

1 Answer | Asked in Criminal Law and Small Claims for Florida on
Q: Can I file charges of theft or sue somebody for not delivering a puppy

Two weeks after conception the neighbor claimed she had a sonogram done and we were expecting 8 to 10 puppies in the litter I did not believe this was true you need 21 days to have an Acurate sonogram so I offered and insisted on getting a second opinion with my vet, the neighbor was reluctant and... Read more »

Tom Murphy
Tom Murphy answered on Mar 21, 2021

Yes, you can sue her. She offered the puppy, you accepted the offer, and provided her with consideration in the form of money, and you also took the action of neutering your dog based on her reassurance.

1 Answer | Asked in Criminal Law and Small Claims for Florida on
Q: Can I file charges of theft or sue somebody for not delivering a puppy

Two weeks after conception the neighbor claimed she had a sonogram done and we were expecting 8 to 10 puppies in the litter I did not believe this was true you need 21 days to have an Acurate sonogram so I offered and insisted on getting a second opinion with my vet, the neighbor was reluctant and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 20, 2021

No, since the puppy was not in your possession, the neighbor can't be charged with the crime of theft. However it does appear that you have a civil case for specific performance of the contract.

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