Please advise us. We are so frustrated! In Florida, the Assisted Living facility where my Dad died did not return his $2300 deposit, which should have been in escrow. The owner keeps admitting he owes it and promises to pay, but the time limit we agree on comes and goes with no payment. Dad died Dec. 26, 2009. We always paid his bills, and we did not owe anything to this facility. We have waited to do small claims court since we believed he would pay Dad's estate, but now, we know he is not going to do it. His business has really gone down, and he says he does not have the money. What is the statute of limitations in Florida for this type of claim in small claims court? Also, Dad was confused (why he was in the facility) and broke a $500 fire alarm when in this facility's care. We paid the $500 to replace it. Were we liable to pay this. We just assumed we were, but maybe not since in their care.

Dad scrimped and saved all his life and would want us to collect this money. We would win in small claims court as have copies of all the cancelled checks that prove the owner cashed them and that we paid a deposit. Now we also have the note he wrote and signed that we owes us. Again, please advise us. Thanks for your kindness in advance!

You answered your own question - Small Claims Court.

There are no other options.

What is the statute of limitations for this type of small claims court claim in Florida? We are worried as it has been two years. I tried to investigage it, but I am not sure what type of claim it would be considered to see how long we have. We would win, but how would we be able to collect it? Would we have been responsible to pay the $500 we paid for the fire alarm Dad pulled down while in their care? Thanks for the quick reply! I know you are in New York, but could you please tell me what type claim this would be considered. It is wonderful you help people like us. $2300 plus the $500 is a lot to us. Thanks!

Written contract - the Statute is 5 years. Did you have a contract with the facility? How does it address the deposit?

Yes, if your father broke something his estate is liable for repairing it. That usually translates to you because it takes away from any inheritance you would have received.

Not quite 2 years yet, Dec 26, 2009. Personally, I would file suit on Monday in small claims court. I don't know what the limits are in FL or the filing fees but the court clerk should be able to tell you.

I agree with ma0641 and would file this case immediately. I wouldn't take the chance of missing the SOL date in case the 2 year limit applies. If you make a mistake in your complaint you can always amend it later. The important thing is to get it filed.

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Originally Posted by ma0641

Not quite 2 years yet, Dec 26, 2009. Personally, I would file suit on Monday in small claims court. I don't know what the limits are in FL or the filing fees but the court clerk should be able to tell you.

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It's $5,000 and the fees are: $500.01 but not more than $2,500.00 - $175.00; $2,500.01 but not more than $5,000.00 $300.00.

My sister can't find the contract, but we have copies of the cashed checks and a note dated last month written and signed by him that he owes us the money. We also have the copy of a bad check he wrote us for $1,000 of it from 3 months ago. That just added on a bad check charge. He charges everyone a $2300 deposit. Is this enough?

Also, how do you go about collecting when you win the judgment? I have not done small claims court before. Does the person who says the SOL is 5 years in Florida know this for sure? My sister needs to check on this but will have to do it next week now. She is swamped and not good now to get this all together. Does it cost to amend the claim if she does not get it all right the first time?

Thanks!

You definitely have enough to proceed with a lawsuit.

There may be a fee for filing an amendment to a complaint but it shouldn't be nearly as much as the cost of filing the original complaint.

Just one more time. As long as we file by 2 years, it is okay, right? In other words, if Dad died Dec. 26, we have to FILE by Dec. 26 2 years later. I think is a dumb question, but I want to be sure I understand. Thanks!

Yes, that's right. As long as you file within the 2 year period you should be okay.

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Originally Posted by severns

Just one more time. As long as we file by 2 years, it is okay, right? In other words, if Dad died Dec. 26, we have to FILE by Dec. 26 2 years later. I think is a dumb question, but I want to be sure I understand. Thanks!

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No, you don't have to file by two years later. If and when you file, the defendant could argue a statute of limitations. But in your case it is either 4 years (for an unwritten contract) or 5 years (written). So in any case you are within the SOL.

But there is one problem that I can see. Are you qualified as your father's personal prepresentative? If not, they could argue that you are not the proper party to bring this suit.

The executor of your father's will would be the person to file the lawsuit to obtain the refund. There are legal ways to make the owner pay the deposit. Once you win your case you can take him back to court and prove his assets and/or bank accounts.

But don't wait till Dec 25 to go to court, if you know you are going to file, do it today.

Also not to want to put a damper on things, you do realize just winning the law suit will not automatic get you any money. You just win. Then they have a judgement against them. If they don't ( or can't pay) you now have a judgement and will have to try and find their bank accounts to garnish. Also if they are reported to medicare and medicaid ( if they accept those for payment) they could lose their license to do business with them if they are not ethical in their business practice.