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I am very sorry for your situation. The answer is tentatively yes
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment
," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one
cause of action, although it is not unusual to have more than one.
Without getting into the merits of the argument, if you feel that you were overcharged, then there is a cause of this - unjust enrichment
and money had and received.
The essential elements of a claim for unjust enrichment are: (1) a benefit conferred upon a defendant by the plaintiff, (2) the defendant's appreciation of the benefit, and (3) the defendant's acceptance and retention of the benefit under circumstances that make it inequitable for him to retain it without paying the value thereof. See Swindell v. Crowson, 712 So.2d 1162, 1163 (Fla. 2d DCA 1998). While normally used in contracts for labor, it is possible to apply this here, arguably.
The common law count known as "money had and received" constitutes a remedy at law to recover money erroneously paid or received by a defendant when to permit the defendant to keep the money would unjustly deprive the plaintiff of his ownership of the money. Sharp v. Bowling, 511 So. 2d 363 - Fla: Dist. Court of Appeals, 5th Dist. 1987 (internal citations omitted).
The two have since become fused in a way and often, unjust enrichment is seen as the modern version of money had and received. However, bringing both would not hurt and the Court can make a decision on both/either. All that matter is that one cause is won by its elements being proven.
For small claims in Florida, see here. However, small claims court is for $5,000 or less. Anything more would be filed in County or Circuit Court. If this is the case, and you want to know more about how to file, please let me know what COUNTY this is in.
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