Small Claims Court

Small Claims Court


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Old 02-18-2010, 05:50 PM
joeyd joeyd is offline
Join Date: May 2008
Location: Village of Duval
Posts: 34
Default Thank You

Hi Lefty,

Good avice. I'll definately look into it.


Old 02-18-2010, 07:28 PM
gary42651 gary42651 is offline
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Join Date: Dec 2008
Location: New Jersey
Posts: 148

Originally Posted by 784caroline View Post
Question: Does the expert witness who is a licensed tradesman have to be licensed in the state of FLorida. I know we are talking mostly ethical issues here but the argument would be everything from Codes, standards of practice, rates could or would all be different from up north compared to Florida. The Defense would try everythiging its power to get the "expert" testimony or statement made non-admissible.
The state of Florida requires that the owner of a plumbing business must have a license, his employees do not, but the license holder is responsible for any work the employee does. The only code requirement for this water heater repair job is what I said above. No permit or inspection is required for a repair. The standards of practice for this repair would be the same anywhere in the country, all standard residential hot water heaters are built the same way and have the same working parts that are interchangeable, and this makes it easy for someone to keep the parts stocked on the trucks. The cost of living in New Jersey is much higher than most places in the country, of course our pricing will not be the same, but much higher than what you find in Florida. I have been in court several times and never had a problem proving to the defense that I was an expert in the field of plumbing.
I`m just trying to help someone that I feel was grossly overcharged and I take my hat off to anyone willing to do something about it, regardless of the cost, too many times people and companies just give up because of the cost, leaving the `bad guy` to continue to do what he does. I don`t think Joe cares about the money as much as he does about the fact of someone getting away with this. I will do anything to help Joe or anyone else in the Villages with problems like this. I know the court system is different than Jersey, in Jersey this guy would be facing criminal court, not small claims court.
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Old 02-18-2010, 07:58 PM
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golfnut golfnut is offline
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Join Date: Jul 2007
Location: Belvedere
Posts: 2,201

Was this in fact a rebuild on an electric hot water heater, because if it was, why wouldn't you buy a new water heater for $300 and have it installed?
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Old 02-18-2010, 09:18 PM
784caroline 784caroline is offline
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Join Date: Jul 2007
Posts: 2,434

gary..gary..slow down and dont take this personal. No one is doubting your qualifications of being a plumber or how your testimony would be received in your home state. I dont think it is unreasonable for joeyd to make certain you would qualify as an "expert" witness in a state other than your own. I certainly hope you do!! We are talking "legal" technicalities here, not your ability to know right from wrong, and not to check it out could possibly leave joeyd without a case if it all was based on expert testimony that was not admissible.

Of course I, like you, hope joeyd (and you) get the bum, but as I said before, you have to leave emotion out of the argument and stay with the facts and know what is admissible.
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