Legal Question in Legal Ethics in Florida

An appliance service man came to the house, gave me an estimate to repair a freezer. He required a $378 payment in advance to order part on March 28th. We did not hear from him in a week and he then called and said the part was on back order. Another week goes by and still no part or no word. We finally found his number and called him back and got the same story - part was on back order. We told him to cancel the order and refund the money. Since then he will not answer his phone and we have not heard from him. Checked him out on Google and found him to be a scammer. He was listed under several business names. Do we have any recourse or have we lost our money?


Asked on 4/18/16, 7:17 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

A lawsuit in Florida will cost you more than you have already lost. No legal claim to pursue.

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Answered on 4/18/16, 7:21 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

While Barry is correct that hiring a lawyer would not be worth it, this really is a simple case. You could file suit in small claims court. TIf you win, the filing fee and service fees are recoverable.

BUT -- before you do that, you might call the police. Ask for the detective that deals with economic crimes. This guy sounds like he preys on people to steal their money. If the police handle this and if their investigation reveals that you are not the only victim here, they might arrest him. The court can then order restitution as part of the sentence.

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Answered on 4/19/16, 7:48 am


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