Legal Question in Civil Litigation in Florida

small claim issue

I have a self typed contract with a person who I loaned about $360.00 dollars to. I was in a personal relationship with this person when I loaned them the money. We are currently not in a relationship. they have paid me $80.00, last payment in march. with $280.00 dollars left is it worth it to take that person to small claims court. I have heard that I would have to pay about $110.00 in fees just to start the claim.

1) will this contract hold up in court.

2) is it worth it and will I get a lump sum or small payments?

Any help in this matter is appreciated


Asked on 5/02/04, 5:13 pm

2 Answers from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: small claim issue

Without reading the contract, I cannot tell you whether or not it would serve the purpose for which it was prepared. If you file a lawsuit, you may be throwing away good money after bad, but it may be worth the risk for you, especially if you prevail and persuade the court to award costs in your favor. You may want to exhaust your demands with your former friend before going the lawsuit route. Understand that even if you sue and win, and get a final money judgment against the defendant debtor, it does not mean that you will be able to collect one dollar from the judgment debtor. Good luck.

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Answered on 5/04/04, 5:38 pm
Adam Frankel Adam Frankel, P.A.

Re: small claim issue

The contract you have between yourself and the other party probably would hold up.

If you choose to sue and win, the judge likely will award you the fees in bringing the lawsuit.

Whether it is worth the lawsuit is totally up to you.

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Answered on 5/03/04, 10:26 am


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