Legal Question in Business Law in Florida
is it possible to file your own lawsuit in superior court?
2 Answers from Attorneys
I ma not sure what you mean by Superior court. In Florida, there is a small claims court, for disputes less than $5,000. If it is between $5,000 and $15,000, the County court has jurisdiction, and if it is in excess of that amount, the Circuit Court has jurisdiction. In any of those courts, you can file your own lawsuit if you are filing on your own behalf. If you are filing on behalf of a corporation, the lawsuit must be filed by an attorney. However, just because you can file yourself, that does not mean it is a good idea. There are a number of potential dangers. For example, under some circumstances, you may be exposing yourself to the possibility of having to pay the other side's attorneys' fees. Also, you may be leaving out some claims that you don't know you have.
If you have any other questions, or would like to discuss your particular situation further, please contact me at your convenience. I would be happy to help. You can e-mail me at [email protected] or call my office at 813-374-2216.
Good luck.
As a Franchise Attorney I agree entirely with the other attorney answer. There's a saying that's always good to remember in these circumstances. "He who represents himself has a fool for an attorney." Heed this advice and consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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