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Updated over 5 years ago,
Small claims in Florida
Ok so here is the story:
In June we hired a contractor to replace the roof on one of the houses. I call insurance to make sure he was insured and that he was all good. Check ratings....so on. About 3 weeks before the job got started, I call again just to make sure that we were still ok. Insurance said they had to drop him due to lack of payment. I contacted the contractor and he said they were looking for a new insurance and he would send it to me next day....he didn’t. A few days before the work was to be started, I call and he still didn’t have insurance so I cancelled the job. The contract didn’t have anything regarding insurance, so he agreed both verbally and in writing to give me my deposit back in full. He never even ordered the permit, or any material so full reimbursement. He ask if I could give him 15 days to get it together. We said sure. Amount of deposit was $6600.
After about a month he gave us $2000 and said that he would give us the rest in the next week.....long story short there was always and excuse or something that came up.
We are finally tire if waiting and need our money back so we have decided to file a small claims for 4600 plus court fees, interest, and additional material (total claim is $6600).
He keeps saying he will get it to me and is working hard to get it but no action. (I think he is full of it).
So here is my question (s)
1. That has experience with small claims can walk me through the process (property is in miami Dade).
2. I see online on their website that there are only three forms. I fill out all.
http://www.miami-dadeclerk.com/property_small_claims_how_to_file.asp
3. From my experience (eviction cases), I would assume I would need to build three packages (one for me, one for the contractor (to be deliver by the sheriff, and one for the court). Each package should have all the contacts, communications (if any), and all the forms. Correct?
4. If anyone has experience this could I get any guidance on how to get my money back.
5. Thoughts, advice, concerns, prayers?