Legal Question in Consumer Law in Florida
I want to know what city and state to file a smalll claims suit.
We live in Navarre, FL. Have timeshare in Orlando, FL. Company out of Boston, MA contacted me to sell our timeshare. I did authorize them to take the money of $1798.00 from our checking account. They sent contract. What was stated in contract was not what they told me over phone. I faxed them a paper back requesting to cancel and receive my money back. I never signed their contract at all.
I tried for weeks to contact them to no avail. I wrote to BBB of Boston who responded this company failed to respond after they wrote to them two times. I also contacted ththe Attorney General of Boston, MA who has complaint on file but won't do anything unless they see a pattern.
1 Answer from Attorneys
Sometimes venue is proper in more than one county, and as the person bringing suit you may have the choice to choose the county most convenient to you. Your contract may specify which venue has jurisdiction for any complaints arising out of the agreement, but you since the agreement wasn't signed you aren't obligated to follow it. The Florida Rules of Civil Procedure and Small Claims Rules specify the process (available on-line from the Florida Bar). Also, your county court's website may have forms and additional information available to the public. Otherwise, you can contact an attorney for assistance. Regards,
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