Legal Question in Construction Law in Florida

Filing in Small Claims Court

I have filed a Complaint in Duval County, Florida. The defendants lawyer filed an order to dismiss. I would like to file in the Small Claims Court of Duval County. Do I need to wait until the Notice of Hearing (Amended Motion to Dismiss) or can I file in Small Claims now. The amount of the Complaint is $7,750.00 I will take 4,990.00.

Thanks


Asked on 6/27/03, 6:46 am

1 Answer from Attorneys

Frank Reilly Reilly Roche LLP

Re: Filing in Small Claims Court

I recommend that you get a lawyer located in Duval County as soon as you can. I am located in Broward County and for such a small claim you would probably be better off getting someone local.

I wish I could give you some general suggestions, but since you are already involved in litigation any attorney would most likely need to see your entire case file. This would include your complaint, the motion to dismiss, any orders entered by the Court, copies of your contract, etc.

Your best option is probably to assemble all of this documentation and set up an appointment with an attorney for an initial consultation. The fees for a brief consultation will likely be relatively inexpensive and you will most likely gain some very valuable advice.

I don't recommend that you try litigating against an attorney on your own. Wish I could be more helpful. Best of luck to you.

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Answered on 6/27/03, 12:02 pm


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