Legal Question in Criminal Law in Florida

A plumber took $500 from us to buy materials. Then he never showed up again. Small claims court, Lake County FL, awarded us $630.00, but I see little hope of collecting. Can we charge him with fraud? If so, how do I proceed to file charges? I called the police and was told that I cannot take any criminal action or go through them, but I do not want to blindly follow the opinion of a random policewoman. So far, I have progressed to obtaining a lien and registering it with the county. I think the next step is to obtain a writ of execution, but I would rather bring charges against him than continue to pay fees to the county with very little hope of ever obtaining anything.


Asked on 1/12/11, 3:25 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

You've actually done everything you're supposed to do. I'm not a civil lawyer so you should ask a civil lawyer to be sure but I believe a writ of execution is the next step. Florida does not allow you to press criminal charges as only the state attorney can do that and it appears that by contacting the police, then they chose not to pursue. It may take many years but you could still see that you get your money some day. Now that you've gone through this process you understand better than most people that when a lawyer takes a contingent fee it doesn't mean he is going to get paid as your case illustrates. Good luck.

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Answered on 1/17/11, 4:47 pm


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