S
spike1951
Guest
Small Claims in Florida - Can you refuse a settlement and force a trial?
I have a case which is clear libel. The statements are false, the statements are knowing false, the statements were intended by the writer to harm the person they were written about. They were mailed to the person's doctor and received written statements back from the doctor that the original letter alleged misuse of narcotic drugs by the person.
This has cause the doctor to require daily nursing visits while the person is on IV Demerol solely as the doctor writes to document that no drug misuse is happening. THese are all written documents that I have now in my possesion.
My company through my insurance company is picking up the $400 per month charge of which this year I will have to pay $40 a month. Since I have a monetary loss even though small, can I sue in SCC, and refuse the offer to pay this by default if the large Homecare company just wants to end the suit?
It is not about money, but being able to subpoena their nurse and the administrator who made the comments and under oath, be able to ask them questions which would prove libel. THe damages would be small but the truth would prove to the doctor that these statement are complete false.
I have tried at a very high level with this company and they refuse to undo what they know they did.
Bottom line, if they say yes we owe the money and are willing to pay the money, can I refuse to settle and force a trial to clear our name! This is a simple question but I can't find an answer. Can I force a trial?
Thank you for any replies.
I have a case which is clear libel. The statements are false, the statements are knowing false, the statements were intended by the writer to harm the person they were written about. They were mailed to the person's doctor and received written statements back from the doctor that the original letter alleged misuse of narcotic drugs by the person.
This has cause the doctor to require daily nursing visits while the person is on IV Demerol solely as the doctor writes to document that no drug misuse is happening. THese are all written documents that I have now in my possesion.
My company through my insurance company is picking up the $400 per month charge of which this year I will have to pay $40 a month. Since I have a monetary loss even though small, can I sue in SCC, and refuse the offer to pay this by default if the large Homecare company just wants to end the suit?
It is not about money, but being able to subpoena their nurse and the administrator who made the comments and under oath, be able to ask them questions which would prove libel. THe damages would be small but the truth would prove to the doctor that these statement are complete false.
I have tried at a very high level with this company and they refuse to undo what they know they did.
Bottom line, if they say yes we owe the money and are willing to pay the money, can I refuse to settle and force a trial to clear our name! This is a simple question but I can't find an answer. Can I force a trial?
Thank you for any replies.