QUESTION
Considering using small claim court .. Have not been paid my contract amount. Have solid contract. The bill is $7000, Small claim max amount is
Asked on Jan 04th, 2012 on Business Law - Florida
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Considering using small claim court .. Have not been paid my contract amount. Have solid contract. The bill is $7000, Small claim max amount is $5000. May I sue twice, once for $5K for unpaid electrical extras, and then $2K invoices on a guest house on the same property.?
Am a builder in Sarasota FL.
2 ANSWERS
Probate & Trust Attorney serving Sarasota, FL
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Christopher K. Caswell, P.A.
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Especially if all invoices are pursuant to a single contract and job, the courts do not like to have multiple lawsuits filed and will require consolidation, which would bring you above the small claims amount. As a builder, I would suggest that you also consider filing a lien against the property and pursuing construction lien foreclosure remedies, which could include the recovery of your attorneys fees and interest. There are several groups and requirements to comply with to do this correctly. Perhaps the builders exchange can give you some free guidance on that.
This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.
Answered on Jan 12th, 2012 at 1:43 PM
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You cannot sue twice. However, you can reduce the amount of your claim to $5K for the purpose of being able to invoke the jurisdiction of the small claims court. I frequently encourage clients to do just that because doing so compares very favorably with the costs associated with engaging counsel and attempting to sue for a relatively small dollar amount.
Answered on Jan 05th, 2012 at 4:10 AM