Legal Question in Civil Litigation in Florida
I had some water damage in my apartment from the apartment above. I tried for three months to contact the owner without success, so I had the damage repaired which cost me $750.00. I forwarded a copy of the bill to the owner with the request to reimburse me. After almost a year ( he travels a lot and so do I ) I finally managed to get hold of him. He presented a cheque for $375.00 and told me I could have the cheque if I signed a disclaimer releasing him from any responsibility of damages caused by leaks to my apartment from the date the leak accured to the date of the cheque. He also said that he would pay the rest as soon as he got money from his insurance. I signed the paper thinking that half the amount is better than nothing.
Can I still persue a claim through the small claims court in Florida, although I have signed this paper?
2 Answers from Attorneys
Depends on what the "release" says. I would have contacted an attorney before signing it.
You signed a disclaimer that the full debt was paid, so I do not think you can pursue a claim. You MUST get a second opinion before relinquishing any claims and NOT rely upon my general advice.
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