Legal Question in Credit and Debt Law in Florida

Im thinking of taking a person to small claims court in Florida. I live in Seminole County and he lives in another county. This was for a website design with a 2 week contract. After 4 weeks I told him I wanted my money back for not getting anything done (breach of contract). Unfortunetly I paid him up front ($722.00) for the site. I have all the evidance to win the claim. All contact was through e-mails, I have his Drivers license #. He will not answer my emails, my registered mail or phone calls. I think I can win, but I have some concerns. First where do I file the claim? Can it be in my county or his? What if he does not show up for the court case? Can he be arrested? My biggest concern would be getting the judgement collection. Ive read I can do many things. Liens, levys, garnishments. If I have to get a collection lawyer, would he have to pay his fees? I guess what im tring to find out is if its going to cost me more then I suing for. Also, can I sue for milage, copy fees, attorny fees, toll fees in the claim. Thanks for anyone that can help. I was scammed!


Asked on 2/01/10, 8:18 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

1. You file the claim where the contract was signed, or where he lives, or where the contract says to file (see: choice of law clause and/or dispute resolution clause in the contract).

2. You can sue for anything you want, but you are only entitled to costs. Not attorneys fees. But, you can ask.

Hope that helps.

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Answered on 2/07/10, 7:57 am


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