Summary
If you paid rent to your sister without being on the lease and seek your deposit back, you can file a small claims case in Florida. Gather evidence of payments and communications, complete necessary forms, and file them in the county where the transaction occurred. In Hillsborough County, filing fees for claims under $5,000 range from $55 to $300. Ensure your sister is served with the claim and attend the hearing with all evidence. Consult the Hillsborough County Clerk of Court for specific fee details.Full Conversation
My name was not on a lease and I stayed with my sister and paid rent monthly. I transferred money from my account to hers because we have the same bank. We both have moved out separately but she has not responded or given me my part of the deposit back. Can this legally hold up in court
LaKesha, this could potentially hold up in court based on the following:
- You have proof of payment through bank transfers.
- The court may recognize an implied contract between you and your sister.
- You can file a small claims case to recover your share of the deposit.
Which state do you live in? This can help determine specific laws and procedures.
Florida
LaKesha, in Florida, you can file a small claims case to recover your share of the deposit. Here are the steps you can take:
- Collect all evidence of payments and communication with your sister.
- File a claim in the small claims court in the county where the transaction occurred.
Would you like more details on how to file a small claims case in Florida?
Yes
In Florida, here’s how you can file a small claims case:
*. Gather Evidence: Collect all bank transfer records and any communication with your sister about rent/deposit.
*. Complete Forms: Fill out the necessary forms, which you can get from the local county court's website or office.
*. File the Claim: Submit the forms and pay the filing fee at the clerk's office in the county where the transaction occurred.
*. Serve the Defendant: Ensure your sister receives a copy of the claim.
*. Attend the Hearing: Present your case with all your evidence.
Would you like more details on any of these steps?
No
LaKesha, based on your situation, you have a fairly strong case to pursue in small claims court, especially with your evidence of payments. Best of luck! If you have any more questions or need further assistance, feel free to ask.
Fee for small claims under $*
In Florida, the filing fees for small claims cases vary by county, but generally, for claims under $*,*, the fee ranges from $* to $*.
Would you like information on how to determine the exact fee for your specific county?
Hillsborough
Case Rating: *In Hillsborough County, Florida, the filing fee for small claims cases under $*,* typically falls within the $* to $* range.
~Hillsborough County Clerk of Court
Phone: (*) *-*
Website: www.hillsclerk.com
Would you like more information on any specific step in the small claims process?