Legal Question in Civil Litigation in Florida

i put a 2000 deposit on a house last year and was supposed to get it back if we backed out of the contract, we did, and had to fight to get it back. when we did recieve a check it bounced and we can't get our money back from the that realtor, we filed a complaint with the dbpr and they said we need to file a civil suit to get our money back. we originally were in polk county, fl, we sent to check to the realtor in west palm beach, fl, and now we live in brevard county, fl. that realtor now lives in st. augustine, fl. which county do i file the suit in, and how will he be served if in another part of the state?


Asked on 3/23/10, 7:53 am

1 Answer from Attorneys
Lesly Longa Longa Law P.A.

Check your agreement for a choice of forum provision. Otherwise, the answer to your question lies in the Florida Rules of Civil Procedure. You must choose the proper venue and the court must also have jurisdiction over the person. Contact an attorney for assistance with the complaint and lawsuit.

Regards,

Lesly

Title VI CIVIL PRACTICE AND PROCEDURE

Chapter 47 VENUE

47.011 Where actions may be begun.--Actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. This section shall not apply to actions against nonresidents.

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Answered on 3/29/10, 10:29 am


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