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-   -   Small Claims Court (https://www.talkofthevillages.com/forums/villages-florida-non-villages-discussion-93/small-claims-court-343900/)

Trionics 09-05-2023 01:48 PM

Small Claims Court
 
Looking for some one knowledgeable (or someone who can point me towards someone who is) with potentially providing advice on a Small court claim that has been filed against me.
With all of the different groups and clubs here, there doesn't seem to be one for Lawyers (which I find kinda funny)
I'll buy lunch.
THIA

SusanStCatherine 09-05-2023 02:59 PM

$400 for a one hour consultation :
John J. Vasti, Esq.
Vasti Law, P.A.
1020 East North Blvd.
Leesburg, FL 34748
(352) 508-9345

fdpaq0580 09-05-2023 03:22 PM

Quote:

Originally Posted by SusanStCatherine (Post 2253333)
$400 for a one hour consultation :
John J. Vasti, Esq.
Vasti Law, P.A.
1020 East North Blvd.
Leesburg, FL 34748
(352) 508-9345

And you still might lose. That small claim just got $400 larger, maybe.

JohnN 09-05-2023 03:46 PM

I don't know about the lawyers, but I've been to Small Claims Court and I won vs. a jewelry store that snookered me. You go there, you explain your case, the judge decides. If you did wrong, you lose. If you did right, you win. Wasn't so hard. If you want free legal advice in advance, maybe there is a retired lawyer out there.

Stu from NYC 09-05-2023 03:54 PM

The problem I had in winning is the collection part.

Toymeister 09-05-2023 04:21 PM

I've been to Sumter County small claims for a RE good faith deposit. I prevailed.

PM me

kkingston57 09-05-2023 05:05 PM

Quote:

Originally Posted by Trionics (Post 2253305)
Looking for some one knowledgeable (or someone who can point me towards someone who is) with potentially providing advice on a Small court claim that has been filed against me.
With all of the different groups and clubs here, there doesn't seem to be one for Lawyers (which I find kinda funny)
I'll buy lunch.
THIA

Tough ?. Is this a contractual dispute or a negligence claim? If it is a negligence claim report it to your insurance company and they should pay for your defense. Lawyers can give you advise on what to do or not to do, but reasoning behind small claims court is giving a person the ability to pursue a claim without attorney involvement and costs.

gatorbill1 09-05-2023 05:12 PM

You may do just as well without a lawyer in small claims court.

RICH1 09-05-2023 07:36 PM

Share the dirt….give us your version

Stu from NYC 09-05-2023 09:32 PM

After paying for a lawyer and court costs do you still think you will come out ahead? As I said before even after winning collections can be impossible

sdeikenberry 09-06-2023 04:21 AM

I am not the author of this thread, but am considering small claims court. My research has revealed it's not something you need a lawyer or, nor is it hard to do. You get a form, file it, a court date is set, you go to court and explain the issue, the judge decides. However, if you get a judgement, the court does not collect for you...that's on you to do...and if the other party refuses to pay you have to take further legal actions to get your money. Google small claims Florida and read up on it.

SusanStCatherine 09-06-2023 04:57 AM

The original poster stated he has a case filed against him. Why are most answers not giving him the information requested?

Travelhunter123 09-06-2023 05:11 AM

Quote:

Originally Posted by kkingston57 (Post 2253372)
Tough ?. Is this a contractual dispute or a negligence claim? If it is a negligence claim report it to your insurance company and they should pay for your defense. Lawyers can give you advise on what to do or not to do, but reasoning behind small claims court is giving a person the ability to pursue a claim without attorney involvement and costs.

Your insurance co might drop you

SusanStCatherine 09-06-2023 05:32 AM

You can try community legal services of mid Florida

Homepage - Community Legal Services


Inverness Office
(Serving Citrus, Hernando & Sumter Counties)
Office Hours:
Monday through Friday
8:30 a.m. to 5:00 p.m.

Phone: (352) 726-8512
Fax: (352) 726-0177
106 N. Osceola Avenue
Inverness, FL 34450

Blackbird45 09-06-2023 05:34 AM

I went to small claims court twice when I lived in N.Y., the first time without a lawyer over a dispute with a cleaner who destroyed some of my clothes and the other party didn't even bother to show up and had to pay me for the damage.
The second time it was my wife's issue.
She ordered a custom dining room table which was not what she ordered, when I saw the lawyer, she hired I thought it was a lost cause. He looked like a character from Guys and Dolls. But within 10 minutes he got the furniture maker to admit he could not build what she had asked for and presented her with his version. The judge ordered him to return all the money.

Beasley 09-06-2023 06:13 AM

No need for attorney. Show up to court and dispute the claim against you. Let the judge decide. Pretty simple.

Skunky1 09-06-2023 06:25 AM

It seems to me that if the court orders the loser to pay compensation and they failed to do so that would be considered a contempt of court and subject to jail time. Failing that, the winner can also file a judgment against the loser.

Stu from NYC 09-06-2023 06:28 AM

Quote:

Originally Posted by SusanStCatherine (Post 2253439)
The original poster stated he has a case filed against him. Why are most answers not giving him the information requested?

Oops I misread original post. Sorry

retiredguy123 09-06-2023 06:33 AM

Quote:

Originally Posted by Skunky1 (Post 2253471)
It seems to me that if the court orders the loser to pay compensation and they failed to do so that would be considered a contempt of court and subject to jail time. Failing that, the winner can also file a judgment against the loser.

If you win in court, you already have a judgment. But, I don't think you get much help from the court to collect the money. One way to collect is to hire someone who can find a bank account and the bank will debit the account based on the court judgment. The loser may not even know the account has been debited until after the money is gone.

ThirdOfFive 09-06-2023 07:01 AM

Sometimes only the threat is enough.

Some years back I had a dispute with Best-Buy over a computer I had purchased from them. Can't remember all the details but the bottom line was that they refused to do some work that I thought should have been under warranty but they claimed it wasn't: I had called them about the problem during the warranty period but when I did bring it in (on appointment) the warranty had expired--or so they claimed--and whatever work they might do I would have to pay for. I must have spoken to at least six people during the course of that visit: a couple of Geek Squad members, a salesperson in the computer area, an assistant manager, manager, etc. But still no go. I finally got the problem resolved by telling the manager that I would be taking the issue to small claims court--and that I was going to subpoena every last person I had talked to that day, plus the person who had originally sold us the computer. They backed off right quick: the manager told me I could go and pick out any computer on the floor. I told him that I wasn't interested in taking advantage of them; that I would be satisfied with a new unit of equal value (though not the exact same model), which is what happened.

Safety Ranger 09-06-2023 07:39 AM

Talk to someone at Crimes against Seniors (Morse/466 at Sheriffs office). I spoke with a gentlemen by the name of Paul and he was very knowledgeable on the process

Wondering 09-06-2023 07:52 AM

Quote:

Originally Posted by Trionics (Post 2253305)
Looking for some one knowledgeable (or someone who can point me towards someone who is) with potentially providing advice on a Small court claim that has been filed against me.
With all of the different groups and clubs here, there doesn't seem to be one for Lawyers (which I find kinda funny)
I'll buy lunch.
THIA

You don't need a lawyer. Small claims court justices don't like plantains or defendants coming with lawyer. Do some online research.

Stu from NYC 09-06-2023 07:59 AM

Quote:

Originally Posted by ThirdOfFive (Post 2253491)
Sometimes only the threat is enough.

Some years back I had a dispute with Best-Buy over a computer I had purchased from them. Can't remember all the details but the bottom line was that they refused to do some work that I thought should have been under warranty but they claimed it wasn't: I had called them about the problem during the warranty period but when I did bring it in (on appointment) the warranty had expired--or so they claimed--and whatever work they might do I would have to pay for. I must have spoken to at least six people during the course of that visit: a couple of Geek Squad members, a salesperson in the computer area, an assistant manager, manager, etc. But still no go. I finally got the problem resolved by telling the manager that I would be taking the issue to small claims court--and that I was going to subpoena every last person I had talked to that day, plus the person who had originally sold us the computer. They backed off right quick: the manager told me I could go and pick out any computer on the floor. I told him that I wasn't interested in taking advantage of them; that I would be satisfied with a new unit of equal value (though not the exact same model), which is what happened.

Well done:BigApplause:

Captainpd 09-06-2023 08:17 AM

Irs called
 
Quote:

Originally Posted by SusanStCatherine (Post 2253439)
The original poster stated he has a case filed against him. Why are most answers not giving him the information requested?

Hijacking or thread drift. It's an acquired art but well used on this board. It's all about them

patrickj 09-06-2023 08:20 AM

How long did it take to collect?
Quote:

Originally Posted by Toymeister (Post 2253358)
I've been to Sumter County small claims for a RE good faith deposit. I prevailed.

PM me


Two Bills 09-06-2023 08:39 AM

Just turn up on the day with all the relevant documentation to defend yourself.
No need for any legal representation.
Whoever is bringing the claim against you needs to prove his claim.
You need proof, to disprove the plaintiffs claim.
Judge will decide who goes home happy.

PS Don't waffle!

Slainte 09-06-2023 09:09 AM

Florida Small Claims etc
 
Quote:

Originally Posted by Trionics (Post 2253305)
Looking for some one knowledgeable (or someone who can point me towards someone who is) with potentially providing advice on a Small court claim that has been filed against me.
With all of the different groups and clubs here, there doesn't seem to be one for Lawyers (which I find kinda funny)
I'll buy lunch.
THIA

Go to:
help.flcourts.gov
See the list on the right side. Small Claims is the last item. Click Forms are there as well as instructions. Good Luck!

bjswist 09-06-2023 09:20 AM

I know in California they have a small claims court of advisor and it’s free of charge. They’re very helpful, so check into it here.

bjswist 09-06-2023 09:22 AM

I remember reading an article years ago in the informer, the title was, I bought a lawyer, and it didn’t work.

Vermilion Villager 09-06-2023 09:55 AM

Quote:

Originally Posted by Trionics (Post 2253305)
Looking for some one knowledgeable (or someone who can point me towards someone who is) with potentially providing advice on a Small court claim that has been filed against me.
With all of the different groups and clubs here, there doesn't seem to be one for Lawyers (which I find kinda funny)
I'll buy lunch.
THIA

Obviously the person or party filing the claim against you believes you owe them money. You'll have an opportunity to make your case in court why you don't. If you win then it's over. If you lose…as some of the posts talk about how collection is difficult… But not impossible. I do not know Florida law but in Minnesota you can get a judgment against an individual and then go and seize assets of the person to satisfy the judgment.

Sandy and Ed 09-06-2023 10:35 AM

Quote:

Originally Posted by Stu from NYC (Post 2253351)
The problem I had in winning is the collection part.

Amen. Judgement but must execute to collect.

Toymeister 09-06-2023 10:40 AM

Quote:

Originally Posted by patrickj (Post 2253565)
How long did it take to collect?

Two weeks.

The good faith deposit was held by a title company, with a judgement the funds were turned over as soon as the judgement was mailed to them.

The reason I sued was to get the judgement, I knew collecting would not be an issue. In other words I knew that I had a means of enforcement.

The real estate agent was useless. I had to subpoena her to appear. I subpoenaed several people and documents.

shut the front door 09-06-2023 10:44 AM

Quote:

Originally Posted by ThirdOfFive (Post 2253491)
Sometimes only the threat is enough.

Some years back I had a dispute with Best-Buy over a computer I had purchased from them. Can't remember all the details but the bottom line was that they refused to do some work that I thought should have been under warranty but they claimed it wasn't: I had called them about the problem during the warranty period but when I did bring it in (on appointment) the warranty had expired--or so they claimed--and whatever work they might do I would have to pay for. I must have spoken to at least six people during the course of that visit: a couple of Geek Squad members, a salesperson in the computer area, an assistant manager, manager, etc. But still no go. I finally got the problem resolved by telling the manager that I would be taking the issue to small claims court--and that I was going to subpoena every last person I had talked to that day, plus the person who had originally sold us the computer. They backed off right quick: the manager told me I could go and pick out any computer on the floor. I told him that I wasn't interested in taking advantage of them; that I would be satisfied with a new unit of equal value (though not the exact same model), which is what happened.

Please read the OP. The poster has a claim filed AGAINST him.

Babubhat 09-06-2023 12:38 PM

Without a fact pattern it’s impossible to evaluate.

Bellavita 09-06-2023 02:28 PM

[why are they taking you to courtQUOTE=Trionics;2253305]Looking for some one knowledgeable (or someone who can point me towards someone who is) with potentially providing advice on a Small court claim that has been filed against me.
With all of the different groups and clubs here, there doesn't seem to be one for Lawyers (which I find kinda funny)
I'll buy lunch.
THIA[/QUOTE]

Stu from NYC 09-06-2023 04:54 PM

Quote:

Originally Posted by Bellavita (Post 2253733)
[why are they taking you to courtQUOTE=Trionics;2253305]Looking for some one knowledgeable (or someone who can point me towards someone who is) with potentially providing advice on a Small court claim that has been filed against me.
With all of the different groups and clubs here, there doesn't seem to be one for Lawyers (which I find kinda funny)
I'll buy lunch.
THIA

[/QUOTE]

Remember what Hamlet said about the lawyers

Glewellen 09-06-2023 07:34 PM

how can I privately get in touch with you. Been to small claims court dozens of times

Rainger99 09-06-2023 09:10 PM

Remember what Hamlet said about the lawyers[/QUOTE]

Are you referring to this quote?

"Let's kill all the lawyers" is a line from Shakespeare's Henry VI, Part 2, Act IV, Scene 2.

hypart 09-07-2023 12:50 AM

Take it to Judge Judy!

Stu from NYC 09-07-2023 08:31 AM

Quote:

Originally Posted by Rainger99 (Post 2253846)
Remember what Hamlet said about the lawyers

Are you referring to this quote?

"Let's kill all the lawyers" is a line from Shakespeare's Henry VI, Part 2, Act IV, Scene 2.[/QUOTE]

I guess I paraphrased that line, got it partially correct and took it from the wrong play.

Oops. Thanks for correcting me.


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