*** ******* ** ********* ********** *** ***** **** ********* **** ***** **** ******** ** ***** *** *** **********
********* ***** ******** *** ***** ******** ***************************
May 8, 2023
VIA U.S CERTIFIED MAIL
ONE QUALITY FLOORS, LLC
Attn: A******* ** ******* **** ***** ******* ***** ******** ** *****
RE: Reimbursement For ******* ********* ***** ******** ************
STATUTORY NOTICE AND DEMAND
Dear Mr. *******:
The purpose of this letter is to make a demand for damages caused by your company, One Quality Floors, LLC's poor workmanship in installing vinyl flooring. Mr. ******* hired your company to install vinyl flooring at the property located at **** **** ******* ********* ******* *****. Because the installation was poorly done, Mr. ******* was forced to hire another company to fix the flooring. The cost of the replacement work done by the other company was $150.00.
Pursuant to Florida Statute §772.11(1), please accept this letter as notice of our client, ******* *******’s intention to pursue a claim against One Quality Floors, LLC, for moneys retained in violation of Florida law.
As you are aware, Florida Statute §772.11(1)(2023), titled “Civil Remedy for Theft” states that “[a]ny person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200.00, and reasonable attorney’s fees and court costs in the trial and appellate courts.”
******* ******* contends that One Quality Floors, LLC, violated Florida law by refusing to reimburse him the amount of $150.00, which represents the amount Mr. ******* had to spend to hire another company to repair the poor workmanship in installing the vinyl flooring. Mr. ******* has attempted to resolve this matter with One Quality Floors, LLC multiple times, but as of the date of this letter, One Quality Floors, LLC has either failed, or refused, to remedy this matter. One Quality Floors, LLC’s refusal to remedy this matter is unacceptable and criminal.
Pursuant to Florida Statutes § 812.012(4)(b) and § 772.11(1), as a result of the violations above, One Quality Floors, LLC, has knowingly and wrongfully deprived Mr. ******* of monetary value. By continuing to refuse to reimburse Mr. ******* for the cost of the replacement work done by the other company, One Quality Floors, LLC, has either temporarily or permanently: a) deprived claimant (Mr. *******) of his right to, or a benefit from, the property, or b) appropriated the property to the defendant's (One Quality Floors, LLC) own use or to the use of a person not entitled to the property.
At this time, we demand that One Quality Floors, LLC, immediately issue a check for $450.00, which represents three times the amount of damages of $150.00, as allowed by Florida Statute §772.11(1), payable to ******* *******, and be mailed to 2962 Inca Avenue, Clermont, Florida 34715.
This letter is sent to satisfy all conditions precedent to bringing or maintaining an action against One Quality Floors, LLC, for civil theft. In the event that One Quality Floors, LLC, its’ agents or attorneys believe that this notice is inadequate, in any respect, please notify me within the next fifteen (15) days. Otherwise, we will assume that we have adequately apprised you of the identity of the claimant, the nature of the claim(s), and the location of the incident and otherwise have complied with all conditions precedent to bringing or maintaining this action.
Again, please be advised that if payment is not received within thirty (30) days from the date of this letter, Mr. ******* will pursue all available legal remedies to recover the amount owed to him, including filing a civil theft claim against your company.
We look forward to hearing from you within the next thirty (30) days. If you have any questions or concerns, please do not hesitate to contact me at ***************************.
Sincerely,
/s/ **** ********* **** **** ********* **** ** cc: client & file
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