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I hired a moving company to move two dental cabinets from a

dental ware house in Florida...
I hired a moving company to move two dental cabinets from a dental ware house in Florida to my dental practice in California. The moving company picked up and moved the cabinets. They have kept my cabinets for six weeks and they say they are too busy to release them to another moving company to move them.
I would like to sue them in a small claim court.
How do I get the paper work to start the claim?
Would a small claim court in California process the claim or Florida court?
Thanks
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Answered in 2 minutes by:
11/20/2017
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 120,143
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Where are they holding the property?

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Customer reply replied 23 days ago
In Florida near the original pick up location.
Thank you for your reply.You would then need an attorney in Florida to file a suit called a Petition for Replevin which is the common law tort name to return your property. As part of the suit you would seek to recover all costs of having to get your property back.
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Customer reply replied 23 days ago
I asked foe small claim paper work. I am not interested to hire an attorney. Would you please read my original questions and respond to them?

Thank you for your reply.

I already answered you on "Would a small claim court in California process the claim or Florida court?"- Florida court.

Sorry I did not fully answer this part- "How do I get the paperwork to start the claim?"

If you are in CA, you will have to go to FL to file, but in FL, small claims forms vary from county to county slightly and must be obtained from the clerk in the county where you are filing your small claims action (and I have no idea what county the company is located in). HOWEVER, the forms are all very close and here is a sample of the petition for replevin (which is what you need to file) from one of the courts http://oncoreweb.srccol.com/srccol/onlineforms/CountyCivil/REPLEVIN%20PACKET.pdf

Not all of the counties have their forms online, so you need to go to that county court small claims clerk and ask for the petition for replevin, to get an order

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Business Law
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Experience: All corporate law, including non-profits and charitable fraternal organizations.
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