Scott Andrew Smothers's Answers

Scott Andrew Smothers
Longwood Lawsuit / Dispute Attorney.
Contributor Level 6

1

Attorney answers:

  1. Scott Andrew Smothers

My customer paid me $180 for services rendered but he then put a stop payment on his check. what are my rights?

Asked by a user in Orlando, FL - almost 3 years ago.

It is unfortunate that this sort of thing is happening often in today's economy. As I understand your question, you provided services worth $180. Your customer paid you with a check. When you deposited it, you found out that there was a stop payment order placed on it. Since that time you have been unsuccessful in contacting your customer to obtain valid payment. You have the right to sue your customer for payment in full ($180), plus damages (bank fees, etc.). You may also have the right...

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Attorney answers:

  1. Scott Andrew Smothers

Should my prior employer, who shipped my personal belongings to the incorrect address, be held liable for those items?

Asked by a user in Panama City Beach, FL - over 2 years ago.

I'm sorry to hear about the lost items. You asked if your former employer should be held responsible for the value of the items that they sent to the wrong address. The short answer is, "yes." Your former employer owed you a duty of reasonable care in sending you your personal items. In your case, they allegedly sent you the items, but to an old address. Since they have your current and correct address on record (the paychecks proves this), it is unreasonable for your former employer to...

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Attorney answers:

  1. Scott Andrew Smothers

Notice to owner for providing building supplies, mechanic's lien, filing lien with the county or city

Asked by a user in Eustis, FL - over 3 years ago.

Presuming that you are a material supplier or other subcontractor and your contract is not directly with the owner of the project, you should send a Notice to Owner as directed by Florida Statute Section 713 within 45 days of first providing labor or materials to a project. This Notice to Owner should be sent via Certified Mail and a copy should also be sent to the General Contractor, if there is one. You do not need to send anything to the county at this point. If you have a contract...