Legal Question in Civil Litigation in Florida
I would like to file a small claim, it is against a roommate. I gave her money for a month of rent, while I was not living in the apartment( it was sort of a gift to help her out while her other room,ate was in transition into leaving. She got angry with me and threatened to kick me out, so instead of actually living there I chose to leave, but she still has my money and is refusing to give me back my money. I would like to challenge here in a court of law for my money, although it is a relatively small amount of money I want it back because I need it. Would this be an argument that I could take into court?
2 Answers from Attorneys
Hard to understand whether you gave her a gift or a loan or what. If a gift you have no claim to it for return. The cost of filing a small claims action is around $200 Plus cost of service. not sure how much is at issue, but you need to figure out whether this action is financially worthwhile. Does she have assets she can worry about losing? If not, you may not get paid even if you get a judgment. More questions than answers in your fact summary.
If it was a gift, you have no case. If it was a loan, yes you can sue in small claims, but all you will get if you win is a piece of paper (called a Final Judgment) that says the ex-roommate owes you the amount of the loan. You will spend a good deal of time and effort with no guarantee of success.
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