Legal Question in Civil Litigation in Florida
I own a musical company where I was hired by someone to perform. The costs surpassed $5000. There was a contract signed, but no deposit given. All costs was to be submitted after the performance. After trying to reach the person, it was revealed that his company was non-existent. What are my options in obtaining the costs due to my company?
2 Answers from Attorneys
If he signed a contract on behalf of a non-existent company, then he may be personally responsible for paying the bill, and possibly other damages too. You could file a lawsuit in the small claims court. The advantage is that the case will be over quickly. However, the small claims court is limited to awarding a maximum of $5,000, so if your claim is more than that, you either have to file it in the county court or limit your maximum recovery to $5,000.
If you win the case, you will have a judgment. You then have to try to collect on it, which often is very difficult.
You could pursue an action against the person, individually, assuming you have that information. Check with the county clerk of court's website for forms and information, or consult with an attorney.
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