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We’ve all been there.
Maybe it’s when you hired a handyman to repair your fence but left with only half the panels up.
Maybe it was when you paid for a new website, but the developer stopped returning calls.
Perhaps it was when someone backed into your parked car and then drove away.
It could have been when the apartment complex didn’t fix the air conditioner or when the TV broke, but the store refused to issue a refund.
In all those cases, and so many more, you deserve compensation, even if it is just getting your money back. While you always want to consult a lawyer as a first step, Florida has a clear pathway for you to avoid paying significant legal fees by handling the case by yourself.
If you believe you are owed less than $8,000, then you could easily try to recover that amount in small claims court.
While you can handle a small claims court case by yourself, the attorneys at The Orlando Law Group can help you with any questions you might have along the way.
The key for small claims court is that you believe the amount owed to you is under $8,000, not including any court costs, attorneys’ fees or interest on the settlement. There is no minimum level either. You can sue for less than $100, although the court costs will probably be more than $100 in most small claims cases!
If the monetary amount is correct, traditional small claims court cases cover eight types of cases in Florida. According to the Florida Court System, those are:
In each of these cases, a statute of limitations may apply. If you believe your case is more than a couple of years old, let The Orlando Law Group check to make sure you can still file it.
As with any legal action, it is always best to try and settle the case without a lawsuit. Keep trying to reach the person or business who you believe should be compensating you and document every correspondence.
As part of that process, let them know that you will be filing a small claims case against the person or company and provide the date.
For instance, a simple email to the company saying this would be a good start:
“Dear [Name],
On [date], I paid you $600 to repair my fence, but the work was never completed. I request a full refund by [date, at least 7–14 days from the letter]. If not, I’ll pursue legal action in small claims court.”
At the end of the time you have given to make the payment, if there is no action, you should then file your case by submitting the required forms and paperwork.
Every county court system may be a little different, and it is important to file a claim in the county where the issue arose, so please check each county court. In Orange County, you can purchase a packet of all forms needed for just $2.
The primary form is the “Statement of Claim.” This form is relatively basic. In fact, other than name, address and phone number, there is one basic question in Orange County’s form is “The above named Plaintiff(s) sue(s) the above named Defendant(s) for: (Explain your claim here).”
With that form, you’ll need to go to the courthouse and file the needed paperwork and pay the associated costs for the small claim case. In Orange County, it is based on the amount in the claim and range from $55 to $300.
As with any court action, you have to let the opposing party know that you have sued them. Most people are familiar with this process from TV shows and movies, where someone has been “served.”
To serve your opposing party, contact the local sheriff’s office and they will find and serve the opposing party with the notice of a lawsuit. In Orange and Seminole counties, it costs just $40 to pay the sheriff’s office to perform this service.
Once they are served and have an opportunity to respond or countersue, the courts will hold a pre-trial conference that can include a mediation process between the two parties.
The hope is that when sitting in the courthouse, you will be able to work out a compromise or simply receive the total amount owed. The courts understand it is much better and cheaper if you can solve the issue without a trial.
If you were not able to come to a resolution during the pre-trial conference or mediation, the next step is a full trial. This is traditionally just in front of a judge for a small claims case, but you can request a jury trial if you would like. Just remember, a jury trial means you will need to convince more people that you deserve to win, not just the judge.
At the trial, it is critically important to be prepared. You need to have all documents and correspondence easily available. You need to make sure any witnesses are there and that you have talked to them about what the witness saw or heard.
And during the trial, you’ll need to remain calm and precise. Respond to questions from the judge, understanding the rules. While outbursts in court make good TV, they may hurt your case in small claims court.
After the trial, either that day or by mail, the judge will render his or her decision.
When you win your case, hopefully, collection will not be difficult. If there are any issues, it is highly recommended that you file a lien against the company or person you sued. File the lien with the comptroller or clerk of your county. You can also file for a garnishment of wages and refer the bill to a collection agency.
The good news with small claims cases is that there is a lot of help for you along the way. Of course, The Orlando Law Group can help, but many county courts have divisions to help. For instance, the Orange County Clerk of the Courts has a self-help center specifically for small claims court and other legal matters you can handle yourself.
The attorneys at The Orlando Law Group helps individuals and businesses on a wide range of matters in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
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Being a host of an AirBNB can be a rewarding business, providing a source of income for investment properties. Of course, there are always hassles with guests over myriad issues.
One thing that is difficult to argue over is service animals.
To be clear, if you are an AirBNB host and try to deny a guest accommodation for a service animal, you could be charged with a crime.
When it comes to service animals, it’s best to let guests utilize a service animal in nearly all cases otherwise you risk serious repercussions.
The Orlando Law Group can help you work through all the regulations – like service animals and other Americans with Disability Act issues – that come with being an AirBNB host.
In Florida, any AirBNB rentals are classified as vacation rentals, which puts them under the “public accommodation” category. That means any regulations under the ADA legislation apply to AirBNB.
Federal law prohibits any business offering public accommodation from refusing any service animal from entering an establishment.
In some ways, the regulations covering service animals are relatively strict. According to ADA.gov, “a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability.”
In Florida, the only difference is that a service animal can also be a miniature horse.
While the service animal must be a dog or a horse, there are no certifications, training or any other item that is required to call either a service animal.
In a nutshell, you can’t.
If a guest shows up with a service animal, even without prior notice, you must let them stay, although you can ask two key questions to confirm the animal is a true service animal, according to ADA.gov.
First, is the service animal required because of a disability?
Second, what work or task has the animal been trained to perform?
You cannot request proof they are service animals. You can’t ask to see the animal in action. You cannot ask about the disability the animal is assisting.
However, there are a few things that a host can utilize to ask a service animal to leave. According to Florida statutes, A public accommodation may exclude or remove any animal from the premises, including a service animal, if the animal is out of control and the animal’s handler does not take effective action to control it, the animal is not housebroken, or the animal’s behavior poses a direct threat to the health and safety of others.
A properly trained service animal should not bark, should not be wild, and should not go to the restroom any place it is not supposed to.
Earlier this year, an AirBNB host in Tampa was charged with a crime after forcing a guest with a service dog out of the AirBNB. The host offered the guest a free night stay but wanted the dog to leave.
In that case, the guests contacted AirBNB customer support explaining the dog was a service animal trained to sense seizures. However, AirBNB responded that the owner was highly allergic to pet hair and that the dog needed to leave.
The result was the owner being arrested for a second-degree misdemeanor, “denial of rights of the disabled.”
According to ADA regulations, “allergies and fear of animals are not valid reasons for denying access or refusing service to an individual with a service animal.”
Luckily for the owner, his attorney found a loophole because the host lived in the AirBNB that was being rented out. Thus it was not a fully public accommodation and the ADA laws did not apply. The charges were dismissed.
That sort of arraignment is very rare with AirBNB, though. In nearly all cases, you will need to allow a service animal into your AirBNB without any pet deposit or any other restrictions.
The attorneys at The Orlando Law Group can help AirBNB hosts with these types of issues in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and Central Florida.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
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