File A Complaint & Collection Procedure
by Anonymous from Florida
I need the forms to file a complaint, and also to understand the procedure to sue ex boyfriend of 14 years for property he took that belongs to me.
I bought stuff on my credit cards, we broke up, he took my stuff.
I also have pictures. I was an emotional mess at the time, had no money and a huge house payment (he left in 2008).
I was and am afraid of him. He won't talk to me at all regarding close to 32,000 of equipment.
I didn't want to sue him, but he won't give me any of the equipment back nor will he respond to the certified mail I have sent him.
Could you please assist me as to what forms I need to sue him? He is not longer in Florida, he is 3000 miles away. and it is not small claims it is at least 15,0000 for 1/2 the equipment I bought.
Answer to Florida Court Forms Question
Life isn't fair.
It will take a good amount of effort on your part to collect the money that he owes you.
Even after a judge grants you a monetary judgment, you will still need to enforce that judgment.
It is possible, but not simple, especially across state lines.
If you lived with him in Florida and bought the equipment in Florida, then the proper jurisdiction to file suit is Florida.
File a Complaint in Circuit Civil court alleging the amount that he owes you. Be prepared to prove that you did not buy him the equipment as a gift; and that he had agreed to pay half.
Have him served with the Complaint by a sheriff or private process server in the county where he resides. (Hopefully he is still in the U.S.).
He will have 20 calendar days to file an Answer to the complaint.
He should file it with the clerk of court in your Florida county, where you filed the complaint, and also send you a copy of his Answer.
He will likely deny that he owes the debt, if he answers at all.
Either way, whether or not he answers, file a Motion for Hearing; and/or a Motion for Summary Judgment to request that the judge grant a monetary judgment in your behalf.
If the judge grants your Judgment, your next step is to enforce it. It isn't automatic. There are collection agencies and private companies that specialize in collecting judgments.
You will not receive the full amount of the judgment, because you will have to pay a commission to the company that collects it. You might consider cutting your losses, particularly because you are afraid of him.
Consider writing off the amount as a bad debt on your income tax and going on with your life. Or, if your overall financial situation calls for it, you might consider bankruptcy.Notice:
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