Legal Question in Civil Litigation in Florida

making a counter claim after losing civiil case

I FILED A CIVIL CASE AGAINST A BUSINESS OWNER, HE DID NOT SHOW UP FOR COURT, THEREFORE THE JUDGE GAVE ME A WRIT OF REPLEVIN. the business owner destroyed my property the judge called him to discuss damages for me during this phone call the business owner asked for moneys from me for storage of the item the judge sent me a paper saying the court will make a ruling on damages for me and storage fee for the defendant. How can the defendent suddenly ask for money from me when I am the one who filed the law suit, payed the court costs and showed up for court (the defendant never showed up for anything)doesn,t he have to file his own law suit go through everything that i did and pay for evveything like I did?


Asked on 10/28/06, 8:53 am

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: making a counter claim after losing civiil case

You should read the small claims rules. I agree with you, that the Defendant would have needed to file a "counterclaim" in order to seek any damages however, that is not what the court is saying. The court is saying that you have been damaged by some amount. For example let's say $5,000.00. The Defendant is being given a chance to show an off-set for how much money you owe the Defendant. Whatever that amount is, it will be deducted from the $5000.00 and that will be your damages. I doubt that the court is saying that it is prepared to award any money to be paid by you to the Defendant without the Defendant actually filing its own counterclaim. That would be improper. So in other words, the Defendant will be allowed to show an off-set up to the full amount that you are claiming, and will not be entitled to any money from you above and beyond that amount unless the Defendant files its own counterclaim. Good luck,

Randall Gilbert

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Answered on 10/28/06, 12:59 pm


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