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Eugene P. Castagliuolo

Eugene Castagliuolo’s Answers

1,150 total


  • REALLY TOUGH ONE!! Can I change venue from county court to small claims in Pinellas County, FL? If so, how?

    I filed a suit for damage to my car caused by a neighbor in county court based on three estimates over $6,000. After filing, I negotiated the repair amount down to just under $5,000 and paid the shop to do the work. I want to amend the claim, but ...

    Eugene’s Answer

    I agree with Mr. Davis. You should hire an attorney. But having said that, why do you want to move the case? First of all, what you propose to do has nothing to do with venue. And your claim/case can stay right where it is. Bringing a claim for less than $5,000 in the "regular" County Court is entirely proper and is done all the time for various reasons. In Florida, Small Claims Court IS County Court, it's just a special part of County Court with streamlined processes designed to make it easier for non-lawyers to navigate. Lastly, to finally answer your question, file a simple motion asking the Court to transfer the case "from County Court to the Small Claims Division of County Court." Even though the filing fee you paid most probably exceeded the Small Claims graduated filing fee for your case, they may still hit you for a new filing fee (I doubt it but it's possible).

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  • Credit repair

    credit repair

    Eugene’s Answer

    You are certainly a person of few words, but before we can ANSWER your question(s), you have to ASK your question(s).

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  • I'm receiving a court summons for unpaid credit card debt

    About a year and a half ago I got injured at work and was unable to make payments to one of my credit cards. I have five credit cards. Four of which are current but one was defaulted. I've been back to work for a year now but still have been unabl...

    Eugene’s Answer

    Hire a consumer attorney who defends credit card lawsuits. If you are being sued by a 3rd party debt collector (not the original creditor), then these cases can be defended successfully.

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  • What paperwork must I submit to start a civil law suit for monies owed (11,000) Not Small Claims in Bay county Florida?

    Sold a car to a gentleman for (11,000) and have yet to receive any monies for it. I have searched and even went too the local court house but I can not seem to find the correct paper work or steps too take to file a suit. Trying to stay away from ...

    Eugene’s Answer

    Even if you have GREAT evidence, if you don't know what you're doing (and you don't), then that great evidence won't help you. I can have someone give me a brand new engine for my car, but if I don't know how to install it, what do I have? Essentially nothing. That's where you are right now. $11,000 is a nice chunk of change. Do yourself a favor and hire a lawyer (or at least consult a few about your case). You'll be glad you did.

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  • Do I have to sign for a summons to be served?

    I got notice from a local law firm that a creditor had filed in small claims court. That was almost a month ago. Today I got a phone message saying that I had paperwork that required my signature and I need to make myself available. Do I actual...

    Eugene’s Answer

    I'd have to see the "notice" you mentioned and hear the phone message. But reading between the lines, it seems as if 2 things are happening simultaneously. It seems you are being sued, and that generated the local law firm to send you their direct mail advertising letter. But the phone call sounds suspect and may be a scam, because if you are served with a lawsuit, you don't have to sign anything. The process server will just hand you the papers.

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  • Payroll contract deduction broken

    I work for a clinic that we can personally see dr.s for in the clinic. If we have any outstanding balances a contract was done up last with employees to have payroll deductible to payoff balance. I owed a little over 3,000 they were taking 25.00 e...

    Eugene’s Answer

    You need to see a lawyer to review your paperwork (including but not limited to the contract you mentioned). This isn't a situation that can be rectified over the internet.

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  • I need help with debt settlement. I have about $4000 in collections and wanted to know the best way to resolve it?

    I only have 3 outstanding debts. One medical bill for $400, $500 for a phone bill and $3400 from a property mgmt company. I'm trying to buy a home and want to resolve these issues. I would like to negotiate down the debt or maybe make them go away...

    Eugene’s Answer

    I agree with both of my colleagues, each of their answers are good. I would only add that the medical bill and the phone bill aren't going to keep you from buying a house. But, as you've probably already recognized, the $3400 needs attention. A lawyer MAY be able to do better than 10 or 20 percent. However, as my colleague Ms. Bunce stated, you should be realistic, because the days of settling these things for 50 cents on the dollar are over. Good luck.

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  • Next steps and timing in a civil action

    We have filed a county civil action. Defendant served with complaint, defendant responded, and we answered response. We know of no discovery to pursue. This relates to an auto accident and there is a police report. The case is filed under the ...

    Eugene’s Answer

    If you want to lose this case for sure, then keep going as you're going. But if you want a chance to win it, then hire an attorney who does this every day. Your questions indicate you haven't a clue on how to proceed with your case, and that is ultimately going to lead to problems for you. Good luck.

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  • Can snap on tools charge me with theft for not paying my loan?

    I got a loan for a snap on box and have defaulted on it due to job loss. Sold the toolbox and they are threatening me with theft. Can this be done?

    Eugene’s Answer

    Your options were that you could have either paid off the loan OR returned the collateral/toolbox. You cannot default on the loan AND sell the collateral/toolbox. They may try to get you charged with theft. At this point, who knows if their threat is real?

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  • The pleadings are closed when only one out of three Defendants has failed an Answer?

    This is the case, I'm the plaintiff in a FCCPA/FDCPA case involving 3 defendants. Only one defendant has already filed an Answer to the Complaint, the other two defendants are still waiting for their motions to dismiss are ruled. However, the defe...

    Eugene’s Answer

    Nope. Not premature at all. And for you to even be asking the question tells me you are in over your head. A valid, successful FDCPA claim would result in your attorneys' fees being paid by the defendant(s), so for you to go this alone is just not smart. BUT, if you've already shopped it around to consumer attorneys and no one bit, then that may be a sign that your claim is without merit (that may also explain why you are seeing a motion for J on the pleadings). Hire a consumer attorney before you lose this case.

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