Legal Question in Criminal Law in Florida

Tile work

I have a friend who was supposed to do some tile work for me this past weekend. He was given $1100.00 on Wednesday to buy the materials and I haven't seen him since. I have talked to him over the phone and have only been given a bunch of excuses and lies as to why he never showed up. I was supposed to have my money returned back to me today, unfortunately, I have a real good suspicion that my money and friend are gone. The check for $1100 was written to his Step-Father. He cashed it and gave the money to my friend. For me to legally go after my money, do I have to sue the step-father or my friend? Also, we did not have a contract, but I did put what the money was for on the memo line of the check. Secondly, I have not reported this to the authorities as of yet, is this something I should do?


Asked on 10/30/06, 4:19 pm

1 Answer from Attorneys
Thomas Rosenblum Rosenblum Law Offices

Re: Tile work

Hello: I just read your question. Since I do not have all of the facts of your case, nor have I done any legal research on the issues, I can only give you a general overview of the relevant Fla. law. I think you would want to name your friend as a defendant also. Definitely name the person who the check was written to.

This amount ($1100.00) would land this case in small claims court. This is in your favor as the laws of evidence are relaxed somewhat. Thus, the fact you do not have a written contract may not be fatal to your claim. You still have the notation on the bottom of the check, your testimony and probably the defendants would have to admit what the check was for.

This makes me wonder if they would even show up in court once you have them served with the subpoena. Is the step-father a responsible guy? He may show up and perhaps decline to cover for the guy that failed to do the work and caused him to be sued and have to come to court. You may end up alright in this case. Of course, the above scenario involved you paying the filing fees and costs to have them served (probably about $25.00 each). If you win, they will be ordered to reimburse all of your court costs. 'Hope this helped. If my office can be of any assistance to you on this or other matters in the future, please contact me. Tom Rosenblum

Read more
Answered on 10/30/06, 5:36 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida