legal Question

[rshoffer]

back in Pa when one feels they've been wronged by a business or service they can argue their case in front of a magistrate/small claims court. is there such an entity here? I continue to do battle with a local golf cart dealer who is so blatently in the wrong his own employee even said so. Now, to me, it's not a dollar issue (less than 200 bucks) but more I don't want this guy to think he can make a living ripping people in The Villages off. So, I want to take him to small claims court and argue my case. how do I do that here in Florida?

[SteveZ]

back in Pa when one feels they've been wronged by a business or service they can argue their case in front of a magistrate/small claims court. is there such an entity here? I continue to do battle with a local golf cart dealer who is so blatently in the wrong his own employee even said so. Now, to me, it's not a dollar issue (less than 200 bucks) but more I don't want this guy to think he can make a living ripping people in The Villages off. So, I want to take him to small claims court and argue my case. how do I do that here in Florida?

The county small claims court is the place to go for claims under . Check the website for your county - should have a link to the court - and there will be instructions, forms, filing fee information and all.

However, small claims courts are to resolve claims - that's done by awarding a monetary award. If it's "the principle of the thing" and not the money, the courts aren't there as a forum to argue principle.

To get a better idea of how it all works, if you have the time, suggest you consider going to the courthouse on the days they hold small claims sessions and just watch it for a while. The experience alone is eye-opening.

[graciegirl]

Sure would like to know who this unscrupulous person is. Would you PM me?

[dfn8tly]

The primary purpose of Small Claims Courts is to "make the parties whole". :bigthumbsup: Punitive damages are not assessed. This is left to the jurisdiction of the civil and criminal courts. If you can prove you are owed a particular amount of money and the Small Claims Court agrees, that's what will be awarded. If there is reason to believe you may be partly at fault the judge or magistrate will adjudicate a settlement. :read:

[Barefoot]

I continue to do battle with a local golf cart dealer who is so blatently in the wrong his own employee even said so. Now, to me, it's not a dollar issue (less than 200 bucks) but more I don't want this guy to think he can make a living ripping people in The Villages off.

One way to make sure this guy doesn't get much TOTV business would be to mention his name on this thread. I'm sure we'd all like to know. But I'm not sure that's allowed?

[rshoffer]

One way to make sure this guy doesn't get much TOTV business would be to mention his name on this thread. I'm sure we'd all like to know. But I'm not sure that's allowed?

I did once. Interestingly, another member who this dealer also apparently ripped off responded to my post with such strong statements that the webmaster deleted it very quickly. I think I'll argue my case in front of the magistrate, hopefully the dealer will then be obligated to fix/replace what I think he should, it'll be public record and we can then talk about it some more.

[Taltarzac]

If this is for Lake County this might be of interest-- http://www.lakecountyclerk.org/services.asp?subject=Forms_and_Documents#Small%20C laims. Go to the Small Claims tab.

From link

"Small Claims

Small Claims Booklet.pdf (33k)
This booklet is intended as a guide to Small Claims in Lake County. It has been compiled by the county judges of the county court (see disclaimer on page 1). This booklet should be reviewed by anyone considering filing a small claims action as it will provide useful information for evaluating the claim to be made.

Small Claims Package.pdf (21k)
This package provides the forms necessary to file a small claims action that involves monies in the amount of $5000.00 or less. This package also includes information about the Lake County Small Claims mediation program which was implemented by the Lake County judges. Mediation is required in all small claims actions in Lake County.

Collecting a Judgment.pdf (15k)
This booklet is intended as a brief guide to collecting judgments in Lake County after a judgment has been entered by the Court. It has been compiled by the county judges of the county court (see disclaimer on page 1). This booklet should be reviewed by anyone considering filing a small claims action as it will provide useful information for evaluating the probability of collecting on a small claims judgment.

How to Collect a Judgment in Florida Under the New Judgment Lien Law.pdf (86k)
This document is published by the Florida Department of State. It should be reviewed by anyone considering filing a small claims action as it will provide useful information for evaluating the probability of collecting on a small claims judgment. "

Sumter County-- http://www.sumterclerk.com/public/index.cfm?FuseAction=Civil.SummaryClaims&CFID=8744039&CFTOKEN=

Marion County-- http://www.marioncountyclerk.org/public/index.cfm?Pg=summaryclaims1

[784caroline]

This sounds like a perfect case for "Judge Judy".

[Bryant]

:agree: Several months ago I recognized a nurse from a local doctor group on Judge Judy. She had administered IV antibiotic to a woman who was suing a local tatoo parlor for an infection she had gotten. Her testimony helped the woman win the case. I later saw the nurse who confirmed that it was indeed her!

[Peachie]

Ooooh, guess I'd better be careful which tattoo parlor I chose when getting my next skin flick. :o

[Shafer5746]

Always check with Senior vs. Crime before hiring anyone here. They are also good mediators.