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?
2 Answers from Attorneys
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.
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.