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Richard, Attorney
Category: Business Law
Satisfied Customers: 55444
Experience:  32 years of experience practicing law and a businessman.
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I am a engineer who in 2008 did some work for a designer.

Customer Question

I am a engineer who in 2008 did some work for a designer. My company's name in 2008 was (LKE,LLC). My company was renamed LKE,Inc in 2009. I did file a small claims claim against the designer in 2008 when he stopped payment of the check for the work I did; without legal cause and without notice. However, I filed it under my name (John Doe) instead of LKE,LLC or LKE,Inc.
I did go to court last week and the defense attorney for the designer raised issues with my original pleadings (statement of claim?). The cancelled check was issed to LKE and the judge told me to refile or something. What did she mean? The defense attorney also raised an objection to me represting the company because it was a company, and the judge agreed and rescheduled the small claims trial. The defense attorney has since written me a letter apologizing for that objection because in FL in small claims court a company official is allowed to represent company under Rule 7.050(a)
Do I have to submit a new statement of claim? What should it say?
Submitted: 6 years ago.
Category: Business Law
Expert:  Richard replied 6 years ago.

Good morning. I can understand your frustration. Simply refile the last claim which was under the company name. You'll be fine from'll get your judgment. Once you get that judgment, you can have the sheriff serve a summons on him for a debtor examination. That forces him to meet you in court and answer questions under oath about his assets. After you obtain that information you have the power to garnish wages, attach bank accounts, and/or have the sheriff seize other personal property to satisfy the debt.



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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 6 years ago.

I am so depressed and have spent about 300 hrs assembling emails, bank checks etc as evidence (55 pages) and trying to research the law. I did hire a local business attorney and he has charged me almost $6,000 to date (and I have paid him!) to fight about 4 motions and objections to squach, throw out, etc. My attorney dosnt want to go to court and I am forced to do this on my own. He has agreed to have one more meeting with him but has a deposition scheduled for the day of my new trial and wont be available. But I know I will probably never get to tell my story, not get my witnesses to show up again, and be screwed by the courts. So I have started the search for another attorney. I expect it will cost me about $3,000 to have an attorney show up. The value of the case is 3,300 to 5,000. What are the courts good for? What id small claims good for?


I would have been better off mentally and financially to have beaten this guy 3 years ago and spent 6 months in jail. At least it would be over now and I would be out of jail.

Expert:  Richard replied 6 years ago.
I do understand your frustration. I can't disagree that although we are supposed to have the best judicial doesn't in fact work very well....and it often seems like the politicians, judges and police are at best borderline criminals themselves. It can indeed make you so frustrated that you wish The Equalizer truly existed. I'm sorry!
Customer: replied 6 years ago.
Since this involves check fraud 832.941 Stopping payment with intent to defraud ... (ie: he took the work, used the work, then stopped payment on check) am I entitled to recover attorney fees? Note this was done via a verbal contract?
Expert:  Richard replied 6 years ago.
Yes, you will be awarded legal fees.
Customer: replied 6 years ago.
832.041 states 'intent to commit fraud". How do I prove intent?
Expert:  Richard replied 6 years ago.
The insufficient check goes a long way toward that....showing that he intentionally wrote a check that he knew was no good...thus knowing he wasn't going to being paying you with the check he submitted.
Customer: replied 6 years ago.
With what I have seen I will need to provide Supreme Court cases to show the Judge. Where can I find the correct cases to quote for this point and other points fo law that will be required to get an honest review by this Judge?
Expert:  Richard replied 6 years ago.
I've done my best to give you direction. But, fully researching all the support for your case is really beyond the scope of JA. As a result, I'm going to opt out at this point. Hopefully another expert will be willing to provide this research for you; but I do want to caution you that it is beyond the scope of JA and most experts may not be willing to do so. Take care.
Customer: replied 6 years ago.
Thankyou. I understand and did not expect you to do that research....however can you tell me if there is a way (perhapse a site online) that I can look up these cases?? Thanks -
Expert:  Richard replied 6 years ago.
You're welcome. You might try or LexisNexis or West Law.