Empathy List Archives

HH

Harry Heist

Fri, Mar 13, 2015 2:44 PM

Is it required that a simple security deposit dispute case for $1200 be
filed in Small Claims Court or can an attorney file in County Court with a
regular 20 day summons?

No injunctive relief is being asked for but it is a ridiculous complaint for
one count called "Failure to Return" and a count for "Unjust Enrichment".

What a waste of time.

If it is not proper, would a Motion to Dismiss be proper? The attorney who
filed is not returning calls or emails so we can't even try to settle this
dumb case.

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com

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Is it required that a simple security deposit dispute case for $1200 be filed in Small Claims Court or can an attorney file in County Court with a regular 20 day summons? No injunctive relief is being asked for but it is a ridiculous complaint for one count called "Failure to Return" and a count for "Unjust Enrichment". What a waste of time. If it is not proper, would a Motion to Dismiss be proper? The attorney who filed is not returning calls or emails so we can't even try to settle this dumb case. Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: <http://www.evict.com/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

TA

Todd Allen

Fri, Mar 13, 2015 2:55 PM

I think it has to be in small claims. There’s nothing in 34.011 about deposit disputes.

Todd B. Allen, Esq. | Attorney
Todd@LindsayAllenLaw.com

13180 Livingston Rd, Suite 201
Naples, FL 34109

[office]
[mobile]
[fax]

239.593.7900
239.300.3506
239.593.7909
www.LindsayAllenLaw.com

On Mar 13, 2015, at 10:44 AM, Harry Heist harry@evict.com wrote:

Is it required that a simple security deposit dispute case for $1200 be filed in Small Claims Court or can an attorney file in County Court with a regular 20 day summons?

No injunctive relief is being asked for but it is a ridiculous complaint for one count called “Failure to Return” and a count for “Unjust Enrichment”.

What a waste of time.

If it is not proper, would a Motion to Dismiss be proper? The attorney who filed is not returning calls or emails so we can’t even try to settle this dumb case.

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com
Email: harry@evict.com
<image002.png>

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I think it has to be in small claims. There’s nothing in 34.011 about deposit disputes. Todd B. Allen, Esq. | Attorney Todd@LindsayAllenLaw.com 13180 Livingston Rd, Suite 201 Naples, FL 34109 [office] [mobile] [fax] 239.593.7900 239.300.3506 239.593.7909 www.LindsayAllenLaw.com On Mar 13, 2015, at 10:44 AM, Harry Heist <harry@evict.com> wrote: > Is it required that a simple security deposit dispute case for $1200 be filed in Small Claims Court or can an attorney file in County Court with a regular 20 day summons? > > No injunctive relief is being asked for but it is a ridiculous complaint for one count called “Failure to Return” and a count for “Unjust Enrichment”. > > What a waste of time. > > If it is not proper, would a Motion to Dismiss be proper? The attorney who filed is not returning calls or emails so we can’t even try to settle this dumb case. > > Harry > > LAW OFFICES OF > HEIST, WEISSE & WOLK P.A. > PH: 1 800 253 8428 > FAX: 1 800 367 9038 > "Serving the Property Management Professional" > Website: www.evict.com > Email: harry@evict.com > <image002.png> > > Visit us on Facebook > > > THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. > > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten

CS

Cary Sabol

Fri, Mar 13, 2015 2:55 PM

I think anything under $2,500.00 has to be filed as a small claims matter and the clerk issues a summons and pretrial hearing date with the summons. I believe that is jurisdictional, so anything less than that amount shouldn't be filed in County Court.
Cary Law Offices of Cary P. SabolP.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.
From: Harry Heist harry@evict.com
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Sent: Friday, March 13, 2015 10:44 AM
Subject: [RPPTL LandTen] Jurisdiction question

Is it required that a simple security deposit dispute case for $1200 be filed in Small Claims Court or can an attorney file in County Court with a regular 20 day summons? No injunctive relief is being asked for but it is a ridiculous complaint for one count called “Failure to Return” and a count for “Unjust Enrichment”. What a waste of time. If it is not proper, would a Motion to Dismiss be proper? The attorney who filed is not returning calls or emails so we can’t even try to settle this dumb case. Harry LAW OFFICES OF

HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com
Email: harry@evict.com
|
| |
Visit us on Facebook |

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I think anything under $2,500.00 has to be filed as a small claims matter and the clerk issues a summons and pretrial hearing date with the summons. I believe that is jurisdictional, so anything less than that amount shouldn't be filed in County Court. Cary Law Offices of Cary P. SabolP.O. Box 15981 | West Palm Beach | Florida | 33416 Phone: (561) 281-2744 IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. From: Harry Heist <harry@evict.com> To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.org> Sent: Friday, March 13, 2015 10:44 AM Subject: [RPPTL LandTen] Jurisdiction question Is it required that a simple security deposit dispute case for $1200 be filed in Small Claims Court or can an attorney file in County Court with a regular 20 day summons? No injunctive relief is being asked for but it is a ridiculous complaint for one count called “Failure to Return” and a count for “Unjust Enrichment”. What a waste of time. If it is not proper, would a Motion to Dismiss be proper? The attorney who filed is not returning calls or emails so we can’t even try to settle this dumb case. Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com Email: harry@evict.com | | | Visit us on Facebook | | | | | THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

LS

Lainie Simon

Fri, Mar 13, 2015 2:56 PM

Small claims.

Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.445.1361
561.997.6224(fax)

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
Ê

On Mar 13, 2015, at 10:44 AM, Harry Heist harry@evict.com wrote:

Is it required that a simple security deposit dispute case for $1200 be filed in Small Claims Court or can an attorney file in County Court with a regular 20 day summons?

No injunctive relief is being asked for but it is a ridiculous complaint for one count called “Failure to Return” and a count for “Unjust Enrichment”.

What a waste of time.

If it is not proper, would a Motion to Dismiss be proper? The attorney who filed is not returning calls or emails so we can’t even try to settle this dumb case.

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com mailto:harry@evict.com
<image002.png> https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

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Small claims. Lainie J. Simon, Esq. 185 NW Spanish River Boulevard Suite 220 Boca Raton, FL 33431 561.445.1361 561.997.6224(fax) PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use. Ê On Mar 13, 2015, at 10:44 AM, Harry Heist <harry@evict.com> wrote: Is it required that a simple security deposit dispute case for $1200 be filed in Small Claims Court or can an attorney file in County Court with a regular 20 day summons? No injunctive relief is being asked for but it is a ridiculous complaint for one count called “Failure to Return” and a count for “Unjust Enrichment”. What a waste of time. If it is not proper, would a Motion to Dismiss be proper? The attorney who filed is not returning calls or emails so we can’t even try to settle this dumb case. Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com <http://www.evict.com/> Email: harry@evict.com <mailto:harry@evict.com> <image002.png> <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

AJ

Anthony J. Horky

Fri, Mar 13, 2015 2:58 PM

Harry: I believe you can file in county court. Recently I looked for a
statute that mandated that claims under $5000 be filed solely in small
claims court but did not find anything. Chapter 34 says claims under $15,000
go to county court. If it is not proper, then it would likely be
transferred, not dismissed.

Regards,

AJH Logo mark

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.952.0096

www.horkylaw.com

This message and the documents attached to it, if any, are intended only for
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ahorky@horkylaw.com.

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From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, March 13, 2015 10:45 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Jurisdiction question

Is it required that a simple security deposit dispute case for $1200 be
filed in Small Claims Court or can an attorney file in County Court with a
regular 20 day summons?

No injunctive relief is being asked for but it is a ridiculous complaint for
one count called "Failure to Return" and a count for "Unjust Enrichment".

What a waste of time.

If it is not proper, would a Motion to Dismiss be proper? The attorney who
filed is not returning calls or emails so we can't even try to settle this
dumb case.

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com

https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

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Harry: I believe you can file in county court. Recently I looked for a statute that mandated that claims under $5000 be filed solely in small claims court but did not find anything. Chapter 34 says claims under $15,000 go to county court. If it is not proper, then it would likely be transferred, not dismissed. Regards, AJH Logo mark Anthony J. Horky, Esquire Anthony J. Horky, P.A. 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 T: 561.989.3206 F: 561.952.0096 www.horkylaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: <mailto:ahorky@horkylaw.com> ahorky@horkylaw.com. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Friday, March 13, 2015 10:45 AM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Jurisdiction question Is it required that a simple security deposit dispute case for $1200 be filed in Small Claims Court or can an attorney file in County Court with a regular 20 day summons? No injunctive relief is being asked for but it is a ridiculous complaint for one count called "Failure to Return" and a count for "Unjust Enrichment". What a waste of time. If it is not proper, would a Motion to Dismiss be proper? The attorney who filed is not returning calls or emails so we can't even try to settle this dumb case. Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: <http://www.evict.com/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

SJ

Sebastian Jaramillo

Fri, Mar 13, 2015 2:59 PM

I believe you are not "required" to file in small claims, you can choose to
file in County Court. I personally would file in small claims, and if you
wish you can always invoke the rules of civil procedure if you want to do
additional discovery.

Sebastian Jaramillo, Esq.

66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 373-2800 Fax: (305) 373-0505
www.lawjb.com

This email and any files transmitted with it are confidential and intended
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IMPORTANT TAX NOTICE: This communication is not written to be used, and
cannot be used, by a taxpayer for the purpose of avoiding penalties that
may be asserted against the taxpayer under the Internal Revenue Code of
1986, as amended.

On Fri, Mar 13, 2015 at 10:44 AM, Harry Heist harry@evict.com wrote:

Is it required that a simple security deposit dispute case for $1200 be
filed in Small Claims Court or can an attorney file in County Court with a
regular 20 day summons?

No injunctive relief is being asked for but it is a ridiculous complaint
for one count called “Failure to Return” and a count for “Unjust
Enrichment”.

What a waste of time.

If it is not proper, would a Motion to Dismiss be proper? The attorney who
filed is not returning calls or emails so we can’t even try to settle this
dumb case.

Harry

*LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428
<1%20800%20253%208428>FAX: 1 800 367 9038 <1%20800%20367%209038>"Serving
the Property Management Professional"Website: *www.evict.com
http://www.evict.com/

Email: *harry@evict.com harry@evict.com

https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

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I believe you are not "required" to file in small claims, you can choose to file in County Court. I personally would file in small claims, and if you wish you can always invoke the rules of civil procedure if you want to do additional discovery. *Sebastian Jaramillo, Esq.* 66 W. Flagler St Suite 500 Miami, FL 33130 Tel: (305) 373-2800 Fax: (305) 373-0505 www.lawjb.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. IMPORTANT TAX NOTICE: This communication is not written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be asserted against the taxpayer under the Internal Revenue Code of 1986, as amended. On Fri, Mar 13, 2015 at 10:44 AM, Harry Heist <harry@evict.com> wrote: > Is it required that a simple security deposit dispute case for $1200 be > filed in Small Claims Court or can an attorney file in County Court with a > regular 20 day summons? > > > > No injunctive relief is being asked for but it is a ridiculous complaint > for one count called “Failure to Return” and a count for “Unjust > Enrichment”. > > > > What a waste of time. > > > > If it is not proper, would a Motion to Dismiss be proper? The attorney who > filed is not returning calls or emails so we can’t even try to settle this > dumb case. > > > > Harry > > > > > > > > > *LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428 > <1%20800%20253%208428>FAX: 1 800 367 9038 <1%20800%20367%209038>"Serving > the Property Management Professional"Website: **www.evict.com* > <http://www.evict.com/> > * Email: **harry@evict.com* <harry@evict.com> > > <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> > > > *Visit us on Facebook* > > > > > > THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND > INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR > DISTRIBUTION IS STRICTLY PROHIBITED. > > > > > > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten >

LS

Lainie Simon

Fri, Mar 13, 2015 3:28 PM

The clerk in PB would bounce it back and require that it be done as a statement of claim.

Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.445.1361
561.997.6224(fax)

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
Ê

On Mar 13, 2015, at 10:58 AM, Anthony J. Horky ahorky@horkylaw.com wrote:

Harry: I believe you can file in county court. Recently I looked for a statute that mandated that claims under $5000 be filed solely in small claims court but did not find anything. Chapter 34 says claims under $15,000 go to county court. If it is not proper, then it would likely be transferred, not dismissed.

Regards,

<image003.png>
Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.952.0096

www.horkylaw.com http://www.horkylaw.com/

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com mailto:ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, March 13, 2015 10:45 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Jurisdiction question

Is it required that a simple security deposit dispute case for $1200 be filed in Small Claims Court or can an attorney file in County Court with a regular 20 day summons?

No injunctive relief is being asked for but it is a ridiculous complaint for one count called “Failure to Return” and a count for “Unjust Enrichment”.

What a waste of time.

If it is not proper, would a Motion to Dismiss be proper? The attorney who filed is not returning calls or emails so we can’t even try to settle this dumb case.

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com mailto:harry@evict.com
<image004.png> https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

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The clerk in PB would bounce it back and require that it be done as a statement of claim. Lainie J. Simon, Esq. 185 NW Spanish River Boulevard Suite 220 Boca Raton, FL 33431 561.445.1361 561.997.6224(fax) PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use. Ê On Mar 13, 2015, at 10:58 AM, Anthony J. Horky <ahorky@horkylaw.com> wrote: Harry: I believe you can file in county court. Recently I looked for a statute that mandated that claims under $5000 be filed solely in small claims court but did not find anything. Chapter 34 says claims under $15,000 go to county court. If it is not proper, then it would likely be transferred, not dismissed. Regards, <image003.png> Anthony J. Horky, Esquire Anthony J. Horky, P.A. 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 T: 561.989.3206 F: 561.952.0096 www.horkylaw.com <http://www.horkylaw.com/> This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com <mailto:ahorky@horkylaw.com>. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Friday, March 13, 2015 10:45 AM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Jurisdiction question Is it required that a simple security deposit dispute case for $1200 be filed in Small Claims Court or can an attorney file in County Court with a regular 20 day summons? No injunctive relief is being asked for but it is a ridiculous complaint for one count called “Failure to Return” and a count for “Unjust Enrichment”. What a waste of time. If it is not proper, would a Motion to Dismiss be proper? The attorney who filed is not returning calls or emails so we can’t even try to settle this dumb case. Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: www.evict.com <http://www.evict.com/> Email: harry@evict.com <mailto:harry@evict.com> <image004.png> <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

DC

Dennis Chen

Fri, Mar 13, 2015 4:55 PM

Take a look at this case that addresses small claims versus county court.
Small claims just refers to procedure within the county court.

Some attorneys use this tactic, filing in county rather than small claims,
to avoid the mandatory pretrial and mediation. It also allows them to
immediately send out discovery. It is a strategic move to reduce time out
of the office and increase billable hours claim.

Dennis

Dennis A. Chen, Esq.
Chen Law Firm, PA
13360 W. Colonial Dr, Ste. 470
Winter Garden, Florida 34787
Tel: (407) 392-1872
Fax: 1-866-571-3421
dennis@chenlaw.net

Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real
Estate Litigation

******** NEW ADDRESS effective 1/5/2015 ********
Physical address is listed above. The new mailing address is:

Chen Law Firm PA
PO Box 784419
Winter Garden FL 34778

Telephone and email remain the same.

CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains
legally privileged and confidential information and is intended solely for
the recipient. Should the intended recipient forward this message to any
person or entity, that action could constitute a waiver of the
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intended recipient, you are hereby notified that any review, dissemination,
distribution, or copying of this communication is prohibited. If this
communication was sent or received in error, please notify us by reply
e-mail and delete the original message.

On Fri, Mar 13, 2015 at 10:44 AM, Harry Heist harry@evict.com wrote:

Is it required that a simple security deposit dispute case for $1200 be
filed in Small Claims Court or can an attorney file in County Court with a
regular 20 day summons?

No injunctive relief is being asked for but it is a ridiculous complaint
for one count called “Failure to Return” and a count for “Unjust
Enrichment”.

What a waste of time.

If it is not proper, would a Motion to Dismiss be proper? The attorney who
filed is not returning calls or emails so we can’t even try to settle this
dumb case.

Harry

*LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428
<1%20800%20253%208428>FAX: 1 800 367 9038 <1%20800%20367%209038>"Serving
the Property Management Professional"Website: *www.evict.com
http://www.evict.com/

Email: *harry@evict.com harry@evict.com

https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

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http://mailman.fsr.com/mailman/listinfo/landten

Take a look at this case that addresses small claims versus county court. Small claims just refers to procedure within the county court. Some attorneys use this tactic, filing in county rather than small claims, to avoid the mandatory pretrial and mediation. It also allows them to immediately send out discovery. It is a strategic move to reduce time out of the office and increase billable hours claim. Dennis Dennis A. Chen, Esq. Chen Law Firm, PA 13360 W. Colonial Dr, Ste. 470 Winter Garden, Florida 34787 Tel: (407) 392-1872 Fax: 1-866-571-3421 dennis@chenlaw.net Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate Litigation ******** NEW ADDRESS effective 1/5/2015 ******** Physical address is listed above. The new mailing address is: Chen Law Firm PA PO Box 784419 Winter Garden FL 34778 Telephone and email remain the same. CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message. On Fri, Mar 13, 2015 at 10:44 AM, Harry Heist <harry@evict.com> wrote: > Is it required that a simple security deposit dispute case for $1200 be > filed in Small Claims Court or can an attorney file in County Court with a > regular 20 day summons? > > > > No injunctive relief is being asked for but it is a ridiculous complaint > for one count called “Failure to Return” and a count for “Unjust > Enrichment”. > > > > What a waste of time. > > > > If it is not proper, would a Motion to Dismiss be proper? The attorney who > filed is not returning calls or emails so we can’t even try to settle this > dumb case. > > > > Harry > > > > > > > > > *LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428 > <1%20800%20253%208428>FAX: 1 800 367 9038 <1%20800%20367%209038>"Serving > the Property Management Professional"Website: **www.evict.com* > <http://www.evict.com/> > * Email: **harry@evict.com* <harry@evict.com> > > <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> > > > *Visit us on Facebook* > > > > > > THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND > INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR > DISTRIBUTION IS STRICTLY PROHIBITED. > > > > > > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten >

HH

Harry Heist

Fri, Mar 13, 2015 5:09 PM

Intentionally bypassing the Small Claims set up which was made to help get cases resolved prior to trial, help litigants and ease the strain on the court system JUST to attempt to increase billable hours like this is shameful.

This is one of those reasons why people hate lawyers.

Sad indeed.

I am trying to settle a case right now and the lawyer won’t even bother returning a phone call or an email. She ignores everything and I have to leave a message with some answering service who asked me 3 times how to spell “Harry”.

What has become of our profession?

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com

https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Friday, March 13, 2015 12:56 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Jurisdiction question

Take a look at this case that addresses small claims versus county court. Small claims just refers to procedure within the county court.

Some attorneys use this tactic, filing in county rather than small claims, to avoid the mandatory pretrial and mediation. It also allows them to immediately send out discovery. It is a strategic move to reduce time out of the office and increase billable hours claim.

Dennis

Dennis A. Chen, Esq.
Chen Law Firm, PA
13360 W. Colonial Dr, Ste. 470
Winter Garden, Florida 34787
Tel: (407) 392-1872
Fax: 1-866-571-3421
dennis@chenlaw.net

Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate Litigation

******** NEW ADDRESS effective 1/5/2015 ********

Physical address is listed above. The new mailing address is:

Chen Law Firm PA

PO Box 784419

Winter Garden FL 34778

Telephone and email remain the same.

CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message.

On Fri, Mar 13, 2015 at 10:44 AM, Harry Heist harry@evict.com wrote:

Is it required that a simple security deposit dispute case for $1200 be filed in Small Claims Court or can an attorney file in County Court with a regular 20 day summons?

No injunctive relief is being asked for but it is a ridiculous complaint for one count called “Failure to Return” and a count for “Unjust Enrichment”.

What a waste of time.

If it is not proper, would a Motion to Dismiss be proper? The attorney who filed is not returning calls or emails so we can’t even try to settle this dumb case.

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428 tel:1%20800%20253%208428
FAX: 1 800 367 9038 tel:1%20800%20367%209038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com

https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.

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landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

Intentionally bypassing the Small Claims set up which was made to help get cases resolved prior to trial, help litigants and ease the strain on the court system JUST to attempt to increase billable hours like this is shameful. This is one of those reasons why people hate lawyers. Sad indeed. I am trying to settle a case right now and the lawyer won’t even bother returning a phone call or an email. She ignores everything and I have to leave a message with some answering service who asked me 3 times how to spell “Harry”. What has become of our profession? Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800 367 9038 "Serving the Property Management Professional" Website: <http://www.evict.com/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Dennis Chen Sent: Friday, March 13, 2015 12:56 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Jurisdiction question Take a look at this case that addresses small claims versus county court. Small claims just refers to procedure within the county court. Some attorneys use this tactic, filing in county rather than small claims, to avoid the mandatory pretrial and mediation. It also allows them to immediately send out discovery. It is a strategic move to reduce time out of the office and increase billable hours claim. Dennis Dennis A. Chen, Esq. Chen Law Firm, PA 13360 W. Colonial Dr, Ste. 470 Winter Garden, Florida 34787 Tel: (407) 392-1872 Fax: 1-866-571-3421 dennis@chenlaw.net Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate Litigation ******** NEW ADDRESS effective 1/5/2015 ******** Physical address is listed above. The new mailing address is: Chen Law Firm PA PO Box 784419 Winter Garden FL 34778 Telephone and email remain the same. CONFIDENTIALITY NOTICE: This e-mail, including any attachment, contains legally privileged and confidential information and is intended solely for the recipient. Should the intended recipient forward this message to any person or entity, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this communication is prohibited. If this communication was sent or received in error, please notify us by reply e-mail and delete the original message. On Fri, Mar 13, 2015 at 10:44 AM, Harry Heist <harry@evict.com> wrote: Is it required that a simple security deposit dispute case for $1200 be filed in Small Claims Court or can an attorney file in County Court with a regular 20 day summons? No injunctive relief is being asked for but it is a ridiculous complaint for one count called “Failure to Return” and a count for “Unjust Enrichment”. What a waste of time. If it is not proper, would a Motion to Dismiss be proper? The attorney who filed is not returning calls or emails so we can’t even try to settle this dumb case. Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 <tel:1%20800%20253%208428> FAX: 1 800 367 9038 <tel:1%20800%20367%209038> "Serving the Property Management Professional" Website: <http://www.evict.com/> www.evict.com Email: <mailto:harry@evict.com> harry@evict.com <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten

LC

Leonard Cabral

Fri, Mar 13, 2015 5:37 PM

File a motion to invoke the small claim rules.

Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lainie Simon
Sent: Friday, March 13, 2015 11:29 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Jurisdiction question

The clerk in PB would bounce it back and require that it be done as a statement of claim.

Lainie J. Simon, Esq.
185 NW Spanish River Boulevard
Suite 220
Boca Raton, FL 33431
561.445.1361
561.997.6224(fax)

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use.
Ê

On Mar 13, 2015, at 10:58 AM, Anthony J. Horky <ahorky@horkylaw.com mailto:ahorky@horkylaw.com> wrote:

Harry: I believe you can file in county court. Recently I looked for a statute that mandated that claims under $5000 be filed solely in small claims court but did not find anything. Chapter 34 says claims under $15,000 go to county court. If it is not proper, then it would likely be transferred, not dismissed.

Regards,

<image003.png>

Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.952.0096

www.horkylaw.com http://www.horkylaw.com/

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com mailto:ahorky@horkylaw.com.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, March 13, 2015 10:45 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Jurisdiction question

Is it required that a simple security deposit dispute case for $1200 be filed in Small Claims Court or can an attorney file in County Court with a regular 20 day summons?

No injunctive relief is being asked for but it is a ridiculous complaint for one count called “Failure to Return” and a count for “Unjust Enrichment”.

What a waste of time.

If it is not proper, would a Motion to Dismiss be proper? The attorney who filed is not returning calls or emails so we can’t even try to settle this dumb case.

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com http://www.evict.com/
Email: harry@evict.com mailto:harry@evict.com
<image004.png>https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

Visit us on Facebook

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http://mailman.fsr.com/mailman/listinfo/landten

File a motion to invoke the small claim rules. Leonard P. Cabral, Esq. Leonardcabral@lenslaw.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lainie Simon Sent: Friday, March 13, 2015 11:29 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Jurisdiction question The clerk in PB would bounce it back and require that it be done as a statement of claim. Lainie J. Simon, Esq. 185 NW Spanish River Boulevard Suite 220 Boca Raton, FL 33431 561.445.1361 561.997.6224(fax) PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for damage arising in any way from its use. Ê On Mar 13, 2015, at 10:58 AM, Anthony J. Horky <ahorky@horkylaw.com<mailto:ahorky@horkylaw.com>> wrote: Harry: I believe you can file in county court. Recently I looked for a statute that mandated that claims under $5000 be filed solely in small claims court but did not find anything. Chapter 34 says claims under $15,000 go to county court. If it is not proper, then it would likely be transferred, not dismissed. Regards, <image003.png> Anthony J. Horky, Esquire Anthony J. Horky, P.A. 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 T: 561.989.3206 F: 561.952.0096 www.horkylaw.com<http://www.horkylaw.com/> This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com<mailto:ahorky@horkylaw.com>. ------------------------------------------------------- Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Harry Heist Sent: Friday, March 13, 2015 10:45 AM To: 'RPPTL Landlord Tenant Committee' Subject: [RPPTL LandTen] Jurisdiction question Is it required that a simple security deposit dispute case for $1200 be filed in Small Claims Court or can an attorney file in County Court with a regular 20 day summons? No injunctive relief is being asked for but it is a ridiculous complaint for one count called “Failure to Return” and a count for “Unjust Enrichment”. What a waste of time. If it is not proper, would a Motion to Dismiss be proper? The attorney who filed is not returning calls or emails so we can’t even try to settle this dumb case. Harry LAW OFFICES OF HEIST, WEISSE & WOLK P.A. 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