Legal Question in Civil Litigation in Florida

Small Claims court

Would I be able to take a company in Kentucky (Nestle) to small claims, to try to recuperate my $100.00 (over-billing)back?

The county here is Pasco County in Florida.


Asked on 6/20/07, 12:23 pm

2 Answers from Attorneys

Johm Smith tom's

Re: Small Claims court

You would need to go to small claims where they are located; I don't know if KY lets you sue companies in small claims. An attorney may be able to find a basis for you suing them in FL, but their fee would be more than $100

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Answered on 6/20/07, 12:32 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Small Claims court

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It would depend on the fact pattern and what the basis of the lawsuit was. If suit was proper in Florida, you would then need to determine just who the defendant should be. Nestle has several divisions and the correct one would have to be named and served. For example, a search of the Division of Corporations indicates that Nestle Prepared Foods Company is a foreign company whose registered agent for Florida is:

C T CORPORATION SYSTEM

1200 SOUTH PINE ISLAND ROAD

PLANTATION FL 33324

A different division might have the same or a different registered agent.

As an aside, I am not sure how you determined that they are a Kentucky company. This division is apparently based in Solon, Ohio.

Scott R. Jay, Esq.

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Answered on 6/21/07, 7:27 pm


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