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How do I go about suing someone in small claims court and is…

Customer Question
How do I go...

How do I go about suing someone in small claims court and is there a fee?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I live in Palm Beach County, Fl.

Lawyer's Assistant: What steps have you taken so far?

None

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I hired a painter to paint the inside of my house. I made the mistake of paying in full. It was a terrible job. I called several times and he promised to come back an never did. Icalled again yesterday a he promised for the fourth time to come back today but he never did.

Submitted: 5 months ago.Category: Legal
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Answered in 5 minutes by:
3/15/2018
Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,373
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 5 months ago
No
Lawyer: Legal Eagle, Lawyer replied 5 months ago

I'm sorry. I'm not sure what you're saying no to. Would you like me to not look at your question?

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Customer reply replied 5 months ago
I just want to know how to go about taking this painter to court.
Customer reply replied 5 months ago
Please reply
Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thanks so much for your patience. I think it's important to understand what your cause of action is first. In your case, this appears to be a classic breach of contract if they didn't do the kind of job that you paid for. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach.

If you are looking to file a lawsuit, then the best thing to do is to click here. The FL courts have a great step by step method to help you figure out exactly what it is that you're supposed to do. It's a bit much to put here, but try that link.

What other questions did you have for me today that I can help you out with:-)?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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