[RPPTL LandTen] Jurisdiction question

Fri Mar 13 10:09:34 PDT 2015

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.
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FAX: 1 800 367 9038
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Website:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at 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
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Winter Garden, Florida 34787
Tel:   (407) 392-1872
Fax: 1-866-571-3421
dennis at chenlaw.net

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

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

Visit us on Facebook

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