I have a small claims pretrial hearing, and there have been dockets that were electronically uploaded through the e file service my county provides, and it duplicated ATTACHMENTS/EXHIBITS to PLEADING. also, two dockets failed to upload all the pages of the ATTACHMENTS/EXHIBITS to PLEADING. I am the... Read more »
answered on Sep 21, 2022
I suggest you bring this up at the pretrial hearing. It is extremely doubtful that redundancy or judicial confusion will be a problem. If some of the attachments are missing, ask that the defendant be ordered to supplement them.
The business I am suing is an LLC and is also franchised. This will be a small claims case in the state of Florida. For the business I am suing, there is a principal address listed, a mailing address listed and also a registered agent name and address listed. Which of these addresses should receive... Read more »
answered on Sep 20, 2022
Physical address. Tell your process server all 3 addresses. Their job is to get it served.
The business I am suing is an LLC and is also franchised. This will be a small claims case in the state of Florida. For the business I am suing, there is a principal address listed, a mailing address listed and also a registered agent name and address listed. Which of these addresses should receive... Read more »
answered on Sep 20, 2022
Florida Statutes 48.062, Service on a limited liability company. states:
(1) Process against a limited liability company, domestic or foreign, may be served on the registered agent designated by the limited liability company under chapter 605. A person attempting to serve process... Read more »
My sister passed 9/2021. I paid all expenses, equaling over $2,000, because my BIL did not have the funds. He picked up her remains since he was the husband. Now he is refusing to allow us access to her children and my mom has always wanted some of her ashes. Would I be able to be awarded... Read more »
answered on Sep 4, 2022
No, sorry. He is entitled by law to her ashes because he was married to your sister at the time of her death. If you can prove that the money you paid was a loan, and not a gift, you may be able to prevail in a small claims lawsuit against him. You'd have to sue him in Florida. Be forewarned... Read more »
We hired a couple to do epoxy floors on our garage floors. They said their product came with a 6 year warranty. We paid them $800 and after a month, the flakes started coming up. We contacted them to fix the issue and it was one excuse after another. They offered us a refund and to re-do our... Read more »
answered on Aug 31, 2022
Yes, if you obtain a judgment against them, you would also be awarded your costs, which normally include your filing fee and what you pay for service of process.
We hired a couple to do epoxy floors on our garage floors. They said their product came with a 6 year warranty. We paid them $800 and after a month, the flakes started coming up. We contacted them to fix the issue and it was one excuse after another. They offered us a refund and to re-do our... Read more »
answered on Aug 31, 2022
The only avenue open to you, with any chance of success is small claims court. If you prevail to judgment, you are entitled to costs. Make certain that you sue the correct legal entity. Many clerks have information and forms on their websites. You can find the Florida Small Claims Rules online.
1.8 years ago I referred an employee to my company during a referral bonus promotion, 5K after three months of her employment, and another 5K after one year. She was hired and started work last Sept. I received the 5K bonus after 3 months (but had to “nudge” the regional director and payroll to... Read more »
answered on Aug 31, 2022
Yes, without looking at the paperwork, it looks like you will be entitled to the additional $5,000 on September 15th.
I paid an ac co. $6000 for a system and install. They installed everything excepts ducts then refused saying there were spiders in crawlspace. They said they would take everything, keeping $1000 for their time. I told them I now owned the equipment and not to take it unless I got a full refund.... Read more »
answered on Aug 29, 2022
If you sue them for the $1,000 they are trying to keep, replevin would not make any sense, you would not be out they money you paid them. You might want to talk to an attorney to see if any "other damages" would be practical.
A class action suit would probably not work.... Read more »
My grandfather got me an house to live in. I have paid the mortgage for over 7-10 years. My grandfather died and my father took over the house. He refinanced in his name. He was able to do that because his siblings signed over the rights only if the house remained mines. The mortgage on the house I... Read more »
answered on Jul 25, 2022
It looks like your father can, if he knows what he's doing, evict all of you, including your boyfriend. The two of you probably should start looking for a different place to live.
I had the outline of what work he was to do, I paid him in full he didn't finish. In court he & his 2 witnesses admit they didn't complete the work. He also got caught lying under oath. I had proof to back up all of this. The judge ruled in favor of the defendant!
After I... Read more »
answered on Jul 20, 2022
Hopefully, there was a court reporter present so that a record of what happened is available. If so, find an attorney to appeal ASAP.
I had a small pet sitting gig where I offer pet sitting services. I was contacted by a gentleman to overnight pet sit for 10 days (06/17 - 06/26). We agreed, he paid me 80% up front. (No contract signed, no witness to the agreement) My partner and I stayed from 06/17 - 06/19, and I stayed by myself... Read more »
answered on Jun 23, 2022
It appears that he is threatening to tell people bad things about you, not physically attack you or anything like that. Arguably it's a threat to defame (slander) you. Could you sue him if he did? I probably wouldn't bother.
Why should you care if the police won't make a... Read more »
I filed a small claims suit against my boyfriend's HOA for wrongful tow of my car. Missed the hearing, so it was dismissed. Judge ruled for the motion for attorney fee's, $3,000. Letter was sent to the address where the incident took place (not a home I own, but my boyfriend does). They... Read more »
answered on Jun 20, 2022
HOA documents provide for prevailing party attorneys' fees and costs to be assessed against a party litigating a HOA matter. Owners are liable for the actions of their guests, tenants and anyone living in their property. A lawyer would need to read the HOA declaration and the complaint to... Read more »
My ex-boyfriend and I was both in jail. A friend of ours got my car impounded. My daughters grandmother offered to pay to get it out of impound. if I would sign the title over to her to give to my daughter. which was a nice suggestion if I wanted to sell it I still wanted my car. My ex-boyfriend... Read more »
answered on Jun 14, 2022
It depends, of course, on the wording of the POA. If it gives her authority to convey title to someone else, you are probably out of luck. If, on the other hand, it merely gives her authority to pay the impound fees and take possession, you might be able to take it up with the DMV.
An individual, not a company, knocked on my door to ask if I needed my lawn mowed. They accidentally shot debris hard enough at my back door to cause the exterior glass to shatter. They admitted they were at fault and lied about paying for damages. It has been weeks and I have seen no money from... Read more »
answered on Jun 5, 2022
First, I assume that the damage is a deductible from you homeowner insurance so you have not made an insurance claim claim.
The damage may well be considered negligent on the part of the individual who was mowing you lawn. If you decide to take him to court, be aware that at the small... Read more »
The agreement authorized by a judge in court and to be paid on a monthly basis agreed by the bank and myself. But I have been denied loans and credit help because the bank reported since the date of the new agreement as been late on monthly causing a negative report of my credit worthiness. So I... Read more »
answered on May 31, 2022
It is impossible for any Florida lawyer to help you unless you give them legible copies of all the documents underlying this banking credit problem and the court documents you refer to here. Search for an experienced banking lawyer here on Justia and contact them.
I was involved in a minor accident in 2011. No damage to either vehicle. My insurance had lapsed and the other party filed a law suit. I moved out of state and realized years later a default judgment was entered against me. Now the dmv wants proof that the debt was satisfied before they will... Read more »
answered on May 25, 2022
You indicate that there was no "damage to either vehicle", but the default judgment apparently indicates otherwise. I suggest that you get an attorney to negotiate a settlement (perhaps paying only a portion) with the judgment creditor.
answered on Apr 26, 2022
If you are sued in small claims court and the plaintiff is awarded a money judgment against you, you have 30 days to either pay or appeal. If you don't do that (or if you file an appeal without obtaining a stay), you will likely be required to complete what's called the Fact Information... Read more »
It’s a VCA hospital but I can’t figure out whether to name the defendant(s) as the veterinarians individually or the company they work for, or both. Any reply I’d appreciate.
answered on Apr 24, 2022
Since you are asking this question, I assume you are representing yourself, and that you have not consulted with a lawyer to give you guidance on self-representation. If so, your case is almost certain to be dismissed because most lay people do not know what proof is necessary to prevent the case... Read more »
The replacement cost ended up being over $2,000, of which our deductible was $1,000. I caught up with the golfer who agreed to pay my deductible, but gave me a fake name & address. I found out who he actually was & gave the information to my insurance company. The insurance company mailed... Read more »
answered on Apr 20, 2022
Yes, the chance of you personally winning or losing in any small claims court is the same: 50/50
If you hire an experienced lawyer to represent you, the chances of winning are markedly improved, but not certain.
P.S. Lose the argument about the golf course scorecard helping you... Read more »
I had recently hired a photographer to take pictures for my mother birthday. It took the photographer two weeks to send the pictures when we were promised 5 days. Then the pictures were rushed and properly edited. I want to know if I can sue even if it’s small claim court. I had paid $280 for... Read more »
answered on Apr 9, 2022
You can always consider a small claims case as it goes up to $8000, think about the time, effort and cost involved and then if you can really win. You need to pay filing fee and then for service of process, all over $280. I would advise that you try to nicely ask them to take a look at the photos... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
