Visitor Question

Defendant refusing to comply with demand for medical records…

Submitted By: Angela (Delray Beach, FL)

I filed a small claims lawsuit. The judge dismissed my case “without prejudice” so that I could send a letter of intent to litigate (Fl statute 377.106), and in doing so the defendant had 20 days in which to send me my medical records and inform his insurance company. He did neither!

I re-filed a small claims suit again before the same judge, who again referred me to statute 377.106.

There is no question the defendant has not complied which makes his case subject to dismissal. How do I go about asking the court to dismiss his defense?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Angela,

We did some research and were unable to find Fl statute 377.106. In any event, Florida Small Claims Court rules and forms are summarized here.

If the judge ordered the defendant to comply with the intent to produce, and the defendant failed to produce or failed to appear in court, then the judge should grant your request to have a judgment taken against the defendant.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 7, 2015

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