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Florida Small Claims Questions & Answers
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.

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 me through... Read 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 written dispute... Read 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

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 details of the... Read 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... Read 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.

1 Answer | Asked in Estate Planning, Civil Litigation and Small Claims for Florida on
Q: 5yo Funeral Bill & Fresh Beneficiary Payout

I hadn't spoken to my husband for 8 months when he died 5yrs ago & his sister voluntarily paid his funeral bill w/o asking me for reimbursement tho she asked me to sign consent for cremation as next of kin. No probate was filed; I didn't think he had anything to his name. I recently found out that... Read more »

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

Yes, there is a statute of limitations; it's four years assuming there is no written agreement. But the sentence "Or my agreement that I repay her?" raises a question; was there such an agreement? If not, you probably would not be obligated on the original claim anyway; you were not legally... Read more »

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Small Claims for Florida on
Q: Can I get arrested just because someone said I stole something from them

This person accuse me of stealing something. Then they said if I paid for I can continue to live their. When I could not pay them the money they locked me out of the house and kept every possession than I own. Is this even legal and can I get arrested for something then I did not do. And how do I... Read more »

Ajay Pallegar
Ajay Pallegar answered on Sep 13, 2019

Typically there are two common ways one could be arrested. The first way is if the officer has probable cause to make an arrest. In order for the officer to have probable cause to make an arrest, the officer must have credible facts and circumstances present that would lead an ordinary prudent... Read more »

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2 Answers | Asked in Criminal Law, Products Liability and Small Claims for Florida on
Q: If given notice to the court can I have a polygraph test brought in to prove my innocent Florida.

She said she going to me to Small claims court. less than $300

It’s a he say she say sort of thing

Trying to get money out of me that is not theirs

Gary Kollin
Gary Kollin answered on Sep 6, 2019

Polygraphs are inadmissible in zflorida

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2 Answers | Asked in Banking, Civil Litigation, Criminal Law and Small Claims for Florida on
Q: Can I use FL statute 772.11 in small claims if treble amount exceeds $5000 but original theft amount is less than $5000?

Money taken by custodian of FL-UTMA account the day after the minor who's bank account the name was in reached age of maturity determined by FL law s. 710.123 section (b), s. 710.107 ss. (2), and s. 710.111 (b).

Original amount of UTMA account was $12k and I can prove custodian abused... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 3, 2019

No. The small claims jurisdictional amount is $5,000. So you cannot sue for the amount by which the statutory penalty exceeds that amount.

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3 Answers | Asked in Libel & Slander, Products Liability, Civil Litigation and Small Claims for Florida on
Q: Rented some tires left their shop and the tire flew off and the shop refuses to pay for what tore up and terminated conc

I Rented some tires from a place left their shop jumped on the expressway herd a clanking noise slowed down until the next exit got off and my tire flew clean threw the intersection and into the woods! Simply put i called the proper people got towed back to their shop and the guy got mad cause i... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 3, 2019

Rental of tires is something I've never heard of. But I suppose that, if they put the tires on your rims and mounted the rims on your truck, they should have made sure the lug nuts were properly torqued.

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1 Answer | Asked in Small Claims for Florida on
Q: my husband does pressure washing as a side gig here and there someone got his number and he cleaned the house 3 days ago

The guy is now claiming a big expensive (his words) window broke Can he sue us ?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 30, 2019

Yes, he can sue your husband. If he can prove that your husband broke the window, and how much it will cost to replace it, he can get a judgment against him.

1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: Hi, I am looking to hopefully resolve an old Credit card judgement against me that was filed in 2007 in Florida,

I live in the UK now, and I am hoping to resolve it as I am planning a vacation to Florida but I am aware there could be a bench warrant for me as I couldn't attend the hearing. I work part time and can only afford the original amount but I am willing to pay monthly should discover card be willing,... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jul 18, 2019

There is no bench warrant out for you for a credit card financial judgment, the judgment is good for 10 years and then 10 more if renewed. You may want to start by looking up the case online with the clerk of the court in the county where you lived and see what it says, you can also call the clerk... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Florida on
Q: Last apt I lived at are asking me to pay for the entire carpet which I know they were going to change anyway!

So here is my issue. 3 months ago I moved out of an apt at the end of the lease and I got a bill of $725 minus 150 from the deposit they already kept, so 575. $500 are for the carpet. My problem is that the manager assistant told me a few months before that they were changing every apartments... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 11, 2019

Free practical "opinion": Since you lived there for at least a year, and since you walked away expecting the landlord to keep your entire $150 deposit, it sounds like you must have known that leaving without cleaning the carpet--which is a standard clause in every lease--because you thought you... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: I owe over $50,000 in credit card debt. I am 81 years old. If they go after me, and I lease a car can they take it?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 2, 2019

If you lease a car instead of buying it, no: your creditors cannot take the car. Unless you have equity in a vehicle, there is effectively no way they could take it.

1 Answer | Asked in Small Claims for Florida on
Q: I did an express replacement for my phone from Apple but accidentally sent it to att how do I get my phone back?

I accidentally used the wrong label it was an att one not an apple one. It went to att and I can’t get it back. I don’t want to give att a free phone. I am still paying it off through Apple.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 6, 2019

Have you tried calling AT&T?

1 Answer | Asked in Business Law, Small Claims, Consumer Law and Contracts for Florida on
Q: Legal action against company or person that does not really exist? Company said they were in NV. It doesnt exist.

I invested money for a profit return promise. No contracts were signed. Just some emails with acknowledgment. The person said to own company does not exist nor does the company

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 5, 2019

Wow. If I had $100 for every sad story involving long-distance bad investment scams I have heard of here in Florida I would not have to practice law for my living.

Fact: Since most scams do not involve scads of money, scammers know that most of their hapless targets will just let it go and...
Read more »

1 Answer | Asked in Small Claims and Landlord - Tenant for Florida on
Q: A tree limb fell on my vehicle which is now considered totaled, in the parking lot of the apartments that I live in.

This is not the first time a vehicle has been damaged this year. The tree is clearly dead and the landlord has done nothing to remove it. He said he has no insurance to pay for damages and there is nothing he can do. What should I do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 29, 2019

If you have comprehensive property damage insurance covering your car get it fixed and save copies of the cost of repairs. The look at your written lease to see who is liable. Then see an attorney.

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