Legal Question in Real Estate Law in Florida

Florida Small Claims Court have Juristiction Over a Pa Resident?

I sold a Florida house 8 months ago, Now the roof is leaking and the new owner is seeking 5K in damages thru small claims court. I was served notice at my Pa residence, is this legal?, can a Fla court really make me travel to Fla for this purpose?


Asked on 6/21/01, 11:06 am

2 Answers from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Florida Small Claims Court have Juristiction Over a Pa Resident?

If you sold the home in "as is" condition with right to inspect, and you did not misrepresent the condition of the roof or conceal any material deficiency regarding the roof, then the buyer's case should be dismissed. You may want to consider retaining a local attorney to appear on your behalf. That may be less expensive, and less troublesome, than having to fly yourself down to Miami. Do not ignore the lawsuit or a default judgment will be entered againt you. Good luck.

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Answered on 6/29/01, 8:21 pm
Randall Reder Randall O. Reder, P.A.

Re: Florida Small Claims Court have Juristiction Over a Pa Resident?

There are some technical procedures that need

to be followed. However, if you do not file

timely objections, you may waive some of your rights..

It is possible the service is valid. You then

should follow the proper procedures in

defending yourself. It is possible you could

get the case dismissed or resolved before

a final hearing without having come to

Florida. Some judges may even allow you \

to present your evidence over the phone. I

I strongly suggest you retain an attorney

to represent you.

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Answered on 7/03/01, 8:21 am


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