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Question

Being sued by The Palace which is an assisted living facility in Kendall, Florida in small claims court. Need to find representation the case goes to trail on January 20, 2009, in Coral Gables, Florida. Amount of the suit is $1,963 + interest. Need lawyer here in Miami Dade County. Thank you, X XXXXXX

Submitted: 20 days and 19 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Already Tried:
Went to Mediation but the representative sent by The Palace said he did not have the authority to waive $2 so mediator asked what he was doing in Mediation. Reached an Empass and trail is set for January 20, 2010

Posted by DCrane 20 days and 19 hours ago.

Info Request

what is the basis of the claim against you?

20 days and 19 hours ago.

Reply

These are, according to them, unpaid charges for the care of my aunt over a three-and-a-half year period. The items being charged were either duplicates or items that were never received or ordered. Whenever we deducted anything from the bill, l/we provided a written explanation right on the invoice for them. Also, on the check for the final payment (which they accepted in person) I wrote "full and final payment." That check was endorsed and deposited. Their representative also wrote a personal note on the invoice with the copy of the final check saying "than you" and expressing a friendly hope to see us when we came to take my Aunt out. When we removed her from the facility, we sent a letter via fax and certified mail explaining why we were taking her out of the facility and the problems with her treatment there (we can discuss that seperately). During mediation, the representative said that no one looks at the bills with notations on them, but as I said, I have the final one on which one of the workers had written upon it. One more point, on the summons we received for the mediation it clearly stated that all parties attending must have full authority to agree to a settlement amount. During the proceeding the Palace's representative stated, "I don't have the authority to change the amount by a single penny." Thus wasting our and the court system's time.

Posted by DCrane 20 days and 18 hours ago.

Answer

I would suggest considering: Do Campo and Thornton: http://www.dandtlaw.com/Firm-Overview.shtml

 

But be advised that given the amount in dispute it may be best to proceed pro se, you could easily rack up more in legal fees than the actual amount in dispute.

20 days and 18 hours ago.

Reply

Sorry, but what does "pro se" mean? And if we prevail, doesn't the complainant have to pay the legal fees? By the way, the Mediator sent the Palace rep out of the room and told us we had a real good case.

Accepted Answer

Pro se means where you represent yourself. Also, even if you prevail the court may not grant your motion for payment of attorney's fees. The award of attorney's fees are generally only granted when the plaintiff brings what the judge considers a frivoloous claim or there is an agreement betweent he parties stipulating that the losing party will pay such fees.

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Expert: DCrane
Pos. Feedback: 98.7 %
Accepts: 
Answered: 11/2/2009

Attorney

Negotiate, Draft, and Review many complex commercial agreements each year.

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