Legal Question in Civil Litigation in Florida
Would I have a good case to collect my money if a foreclosure modification company took an up front fee an has failed to provide services in five months? I have a copy of an email from the director of opertions for this company refusing to work on my account until payment is made in full. Can I sue for nonperformace an or breech of contract. Would a civil case or small Claims court be the better choice? Total fee's paid $2,195.00, They offer a 100% gaurantee. I filed a complaint with AG's office and adviced them of the complaint. They have referred me to there attorney which I beleive has some responsibilty, as they are named as legal to handle Forensic Audit.
Section 501.1377, Florida Statutes, specifically addresses foreclosure
rescue businesses and potentially abusive business practices. The law
prohibits businesses or individuals from collecting up-front fees from
homeowners prior completing all services contained in the contract.
2 Answers from Attorneys
Most of these are companies are scams. You can sue in small claims court. Whether you collect is another matter..
whether you have a claim depends on the terms of your contract. If they have breached it, then you can sue in small claims.
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