Legal Question in Civil Litigation in Florida

Re: civil action sue

Yes you can sue in a civil action. You find out about assets etc after you win a judgment. You cannot put a lien on a home until afterwards and even then not if it is homesteaded. If you would like to discuss further, please contact my office.

Re: civil action sue

Yes, you can sue him,

Small claims court is a civil action.

Unless you have damage in excess of $15,000 you will be in County Court, otherwise you sue in Circuit Court.

Until you have a judgment, you cannot use the court process to find out about his assets.

His house is likely homestead and protected. Florida is a very good place to live if you owe people money. O.J. lives in Miami for a reason and it isn't the golf or the sunshine.

Re: civil action sue

You can sue him, but most likely you will end up in small claims court. You have a cause of action against him for trespass and an intentional tort. Your damages are the value of the destroyed plants; your medical bill for your eye irritation; and any ongoing vision problems. You can find out about his assets by doing a background and asset search with a private investigator. You cannot put a lien on his house unless you first obtain a judgment against him and he does not pay it. Then you can record the judgment-- that is called a judgment lien.