Small Claims

by C.J.
(Jacksonville)

Do I need an attorney in small claims court? I've been sued over a tree job I did for a lady. She says she deserves a refund because we didn't remove all the debris. We (my business partner and I) say that we never told her we would remove the debris, only put it out by the road for the regular trash pickup.

Small Claims?

by Tracy, G.
(Palatka)

I need to sue my ex roommate for some money.  Its only 2000 dollars so its not a lot of money.  I was wondering if you could help me find the forms I would need in small claims court in Putnam County Florida?  Also do you know where they are downloadable possibly for free and in fillable form?

Small Claims Discovery

by Kevin
(Bradenton, Florida)

I filed a suit in Small Claims Court for payment of medical services under s PIP policy. The Defendant insurance company's attorney responded with 34 pages of discovery questions inquiring about family history, my educational and work background, and numerous other items not related to the case. Is there a way I can legally not answer these questions?

Filing small claims against Tire Kingdom

by julie
(sarasota, fl)

Lack of enough oil the tech put into my van caused engine to die. Should the local Tire Kingdom be the Defendant or go to the HQ? If the HQ is in another city, do i file in SRQ or that other city?
If I can not afford to pay to file this law suit, is there a form to file to ask for the cost to be waived? Where to find/print this file?

Palm Beach County Civil Court Small Claims filing a subpoena duces tecum

I am suing a corporation in small claims court in Palm Beach County, Florida, and I believe that I need to file a subpoena duces tecum and am unsure how to go about doing this for my court case. I want to be able to get information for my court hearing concerning the names of some of the employees who worked for the corporation that I am suing and consequently damaged my vehicle in the course of doing so. The problem is that some of these individuals I only know by "first name" and as you know you cannot subpoena someone to testify and have them properly served by the court if you do not even know their full name. I cannot get this information from the company itself as they do not want to assist me in my case against them.

Can I, With a Limited POA, represent plaintiffs in a small claims trial?

by James
(Naples, Florida)

I have a Limited POA to represent the plaintiffs in a small claims complaint in Collier County, Florida. Today, neither plaintiffs or defendants could reach resolution so the Judge is scheduling a trial date; can I continue to represent plaintiffs in this trial or do they need to appear, in person, at trial?

out of state participation

by Brad
(Nashville TN)

If I have not received a subpoena but a notice of hearing only, may I ask for a phone hearing if I live 750 miles away if the hearing is on a motion of contempt of court filed by the spouse. The trip would cost me hundreds of dollars and endanger my job for being absent for 3 days.

Foreclosure in Florida

by Johanssen
(Palm Beach, FL)

How long, after you receive a notice of foreclosure, does it take to complete the foreclosure process, and have a possible resale the home, in the State of Florida?

Pro Se Filing of Exhibits While Represented By Counsel

by Richard
(Jacksonville)

Is it okay for a person being represented by counsel to file pro-se exhibits that will compromise Opposing Counsel or is this against the law or court rules? My attorney did not filed them when asked to do it.

Attorney filed false information to the court

by Tony
(Tampa, Florida)

How do I bring this issue of the attorney, and the defendants, filing false information to the court and presenting it as evidence in a hearing? I can prove that the evidence is false.
I do not know if this is deemed perjury, fraud, or is considered an act of contempt.
I am a pro se plaintiff, and the Defendants have obtained counsel. there have been approximately three hearings where they have filed, submitted, and brought before the judge false evidence.
Thank you

DENIED UNEMPLOYMENT BENEFITS - Labor Law

by Jamie
(Sarasota)

I am so upset. I got fired a few months back and I can't find a new job. I need to get a source of income to pay my rent so I applied for unemployment and got denied. WHY?????????

Challenge to denial of a documents request by my HOA.

by Barbara
(Lee County)

By my research the correct court to file such an action in (and this would be a request for a declaratory judgement that the law requires that the HOA give me the documents I have requested and an order directing them to do so) would be the Trial Courts Circuit (20th Circuit as I live and the HOA is in Lee County).

I have read the Civil Procedures and my question concerns the Form (Rule 1.900 Forms) that asks me to set out my cause of action. The long list of options offers a Condominium issue (Chapter 718) but does not offer the option of an HOA issue. Nor do any of the categories of types of cases offer a request for the interpretation and application of law. There is no question of fact here. I applied completely in conformity with Chapter 720 rules and my HOA rules for the document. The HOA failed to provide the document. The law 720.303 (5) (c) is quite clear but this Board wishes to say it does not think it has to or does not want to provide the information. I have filed a Demand for mediation which is scheduled for Nov 19. I have little hope any results will come from that so I wish to prepare the paper work to go to court.

So my question is--am I right about the Court in which to file? How do I indicate on the Form asking for cause of action that I am asking for a Declaratory Judgment interpreting Chapter 720.303 (5) (c0?. And finally, I do not see anywhere on these filing forms an option for this sort of request--a Declaratory Judgment and an order to provide the information as the remedy. There is no money involved save the $50/day for 10 days the HOA statute provides which probably explains why this issue has never been litigated. There is no way anyone would pay the hourly fees of an attorney to get this law effectively implemented. The legislature failed to designate any executive agency to implement and enforce this law so without going to court it is a hollow law if the Board decides to ignore it.

I would appreciate direction on where to go to read or inquire about this issue if you have that or answers to my questions if you can do so.

file a pro se motion if your attorney won't

I filed a motion to vacate a judgment while i was still represented by counsel, 1.540(b) when i tried to get a hearing date the court would not give me a hearing , and i received a order striking my motion , with out any legal explanation , is this legal??

"This cause comes before the court without hearing on Defendant's Verified Emergency Motion to Vacate Judgment or in the Alternative Set Aside Judgment Or In The Alternative Motion For A Rehearing And/Or Reconsideration Or In The Alternative Motion For A New Trial. A Notice of Appeal was filed by counsel. Later the same day defendant proceeding pro se filed this motion. This court lost jurisdiction to address this motion when the Notice of Appeal was filed. The court has now received the Mandate of the appellate court and has jurisdiction to address the motion. The motion was filed by defendant pro se at a a time he was represented by counsel, as such it is a nullity and must be stricken. The court being otherwise fully advised in the premises, it is

ORDERED AND ADJUDGED THAT on Defendant's Verified Emergency Motion to Vacate Judgment or in the Alternative Set Aside Judgment Or In The Alternative Motion For A Rehearing And/Or Reconsideration Or In The Alternative Motion For A New Trial is declared a nullity and is stricken. No further action will be taken on this motion. This action is without prejudice to defendant filing such further motions as may be allowed by law.

DONE and ORDERED in Fort Myers, Lee County Florida this 9th day of February 2016.

Civil indigent status

by Mara
(Orange county)

Can a person married who's husband makes over 40,000 a year file for insolvensy/indigent status indigent status.

Unlawful Detainer isn' the case or is it ?

by Clint
(Summerfield, FL)

I'm in Marion co Florida, I have a pending Unlawful detainer case against me and the co residents.. someone bought the place and wants us out. here is the situation and status as of to date,

the Unlawful Detainer case was filed by the Plaintiff whom didn't Name nor Serve the other
parties.. case was dismissed on those grounds as it was my first answers and counter claims,. it didn't go further down the line of issues I've raised so far,.



Story: He got the deed in an Unscrupulous Transaction and terms / conditions to settle an Unscrupulous Debt and funds that were generated from Unscrupulous trades,.

Issues: The Property has a Mobile Home on it in a Residential Subdivision NOT in a Park, He DOSE NOT OWN nor Hold the TITLE to the Mobile Home, another Party that isn't related to him or the prior owner he got the deed from does,

This person Holds it as collateral for a Debt when the prior owner bought the land from him.. but didn't pay him in full.. in which hasn't been settled as of yet.. so this third owner has acquired this unknown Debt in the process of getting the deed from whom he bought it from..

ISSUSE coming up next round will be: HE Doesn't Own the DWELLING Someone Else does, what is the Correct Case of Venue to take.. I Don't think its Unlawful Detainer in a County Court Case but an EJECTION case that needs to go to the Civil Circuit Court.

which is option is the right one ?


the Judge in this case isn't really experienced in this Area of the law from what I'd seen that morning and have heard from others.. She's better known for County Criminal Cases, Bond, DUI and Drug Treatment, and some Criminal Traffic .. she was a prosecutor before becoming a Judge.. her Back Ground isn't very experienced in Extensive Civil Case litigation matters and it showed that morning since she appeared not certain herself on how to proceed other then to dismiss with out prejudice, on the Grounds of Unnamed and Unserved Parties.. as the other issues didn't come up.

Pro Se filing for Legal Malpractice

by Ken
(I woirk in Tampa, live and have a permenant address in Indian River County and my attorney practices in Brevard)

I am looking for someone to draft a complaint for a pro se legal malpractice claim. I have drafted a demand letter, but it is time to move forward with filing a claim. I want to do this in Brevard County Court, as that is where my attorney practices. Can I file in my home county instead of Brevard? Is there a document preparer that can assist me with the drafting and perfecting of my complaint. I intend to do an initial claim, and then do six other claims at the maximum amount for Indian River County Fl.

Is an unsigned un-notarized baker act admissible to a judge ?

Is aa unsigned un-notarized baker act admissible to a judge ?

Multiple Plaintiffs Represented By Private Counsel

by L
(FL)

I am a new attorney and have basically zero experience with the waiver of filing fees based on civil indigent status. I have some questions:

(1) Does being represented by counsel on a pro bono basis preclude a plaintiff from qualifying for or being granted a waiver if they are otherwise determined to be indigent?

(2) If there are two named plaintiffs who are not married and not living together, and they individually qualify for indigent status, do both of them apply for and submit an application for indigent status? Or will multiple indigent plaintiffs be precluded from receiving a waiver? As above, does being represented by counsel on a pro bono basis prevent a determination of indigent status?

(3) Must plaintiff(s) be Florida residents to qualify for waiver of court fees based on indigent status? In other words, does an out-of-state plaintiff suing in FL civil court have the same opportunity as a Florida resident?

Thank you so much for your help, and that you for this website.

Emergency Motion - How to file a Pro Se Motion

by Donna
(Florida)

What steps do I need to take to file an emergency pro se motion in my case? Are there specific forms or procedures? Thanks in advance for the information!

Petition for judicial review, health and human services, 1129 (d)(1) social security act

by Javier Bonilla
(Tampa Florida )

How to petition for judicial review in the US Court of appeal, 2nd district

Responsibility For Water Line Damage

The water meter for my home in on a neighbor's property. My property is separated from that neighbor's property by a golf cart path. The land the cart path is on is owned by a golf course. The golf course does not maintain the path very well and erosion has caused my water line pipe to appear. In addition to the daily traffic of golf carts, heavy maintenance equipment use the path. I am concerned that the PVC water pipe line will eventually be damaged by the activity on the cart path. The water company has advised me that I am responsible for any repairs to the line between the meter and my house. If there is damage to the pipe, can the golf course be held responsible for the damage and repair?

Needed documents to file a civil suit Pro Se

by Jorge
(Miami Beach FL)

I need to know:

1. Which documents are to be prepared to file a suit Pro Se?
2. How to present the documents that prove the claim?
3. Fees you ask to prepare the documents.
4. Estimated court fees to file a civil suit.


Thank you for your attention,
Jorge

Motion for Default

by Lydia
(FL)

I received a notice in the mail from the court that informed me that my Husband's attorney had filed a Motion for Default in our divorce case. What is this document, and what do I need to do, if anything? I'm without an attorney and I don't have any money to hire one.

Amending a small claim to include a request for an injunction

by Maggie
(Bartow, FL, Polk)

I filed a small claims case. The mediation has already taken place and was unsuccessful, so a trial date has been set. It was recommended to me that I file an amendment to my case to include a request for an injunction against trespassing (rather than just filing for an injunction separately)
How do I do this? Is there a specific form? How can I amend the case to include the request? No change in dollar amount is being requested.
(Thank you)

How to get a mistrial of a foreclosure case for trial extending too long? Trial began, June 15, continued and heard May '16 and continued agin dec '16?

(Miami)

Trial began, June 15 and bank did not have note. Judge continued the trial so they could provide the note to May '16. case was heard and the Plaintiff proceeded. We ended the day and continued for Dec '16. Need to find case law to file a motion that this case should be a mistrial. How can a judge remember testimony, on 2 separate date - a year apart and new testimony 6 months later?

Please assist with this motion and/or any other recommendations?

Thank You,
Dan

Pro se use of terminated attorney as witness in civil suit. Can I use my ex atty as a witness?

by Lonnie
(Davis ca)

Looking for rulings and support for doing this.

Motion to Withdraw vs Charging Lien

by cynthia
(key west, florida)

I fired my attorney. He filed a charging lien. I am Pro Se. Does he still need to file a motion to withdraw if he filed a charging lien? It is my understanding that opposing counsel will not talk to me if he is still my attorney of record. Also, I have requested a bill for expenses and my file. It has been a month and I have received neither.

How to obtain a lien on property

by Beth
(Tallahassee, FL)

Is there a process for requesting and obtaining a lien on my ex husband's property, for past due child support?