Residential Property Liabilities

[Seminole]

Location: Cocoa, Florida. The property next door has been vacated for the past 8 months (bankruptcy). Since August, we have had three hurricanes that have caused three trees to fall onto my property...breaking the fence in the process. Through my exhaustive research online, I have found the bank (out of Texas) that holds the mortgage deed and have e-mailed them twice with no response. All I originally wanted them to do is have the trees removed. Now that 'Job's patience has worn thin, I have decided to sue them. Since they have many subsidiaries and managers in Texas as well as Florida, who do I place on the filing as 'defendant'{s} or who to serve through the Sheriff's department in Houston?...CEO,Pres.,VP..etc?
What are my chances of winning this case in small claims considering it is an out of state corporation and bank? Im suing for about $600.00 plus court costs.
On the other hand, do I even have a leg to stand on? HaHa, but not really.
I would appreciate any help you can provide.
Thanks.

 

[NY Lawyer]

Just filing suit may get the bank to take notice. But many small claims courts require that the defendant and the plaintiff be local.

 

[Seminole]

I know there is the possibility the Bank will concede to keep such a small issue out of court and off the record. The other point(locality of defendant)isn't an issue at all. I need real information, not suppositions. Thanks, anyway.

 

[Attorney_Replogle]

First of all what you call the "...locality of defendant" is a big issue contrary to what you think. A small claims court has no jurisdiction over an out-of-state corporation. Second question; whom to name as defendants and serve, that is your choice. You are the one playing attorney so you have to make that call. Third, I can't figure out on what Cause of Action you are going to convince a judge that the bank is at fault for failing to clean up the property after the hurricanes.

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Mark B. Replogle