What is a Small Claims Case?
A Small Claims Case is a legal action filed in county Court to settle minor legal disputes among parties where the dollar amount involved is greater than $0 but less than $5,000 excluding costs, interest and attorney fees.
Do I Need a Lawyer?
You are not required to have a lawyer. Small Claims court is considered a "peoples court" and a lawyer is not required. Clerk's Office personnel will provide you with the necessary forms for filing a Small Claims case. However, it is recommended that you seek legal aid if you have questions about civil cases.
Who can file a Small Claims Case?
Any person (s) eighteen (18) years or older or any individual (s) doing business as a company may file a Small Claims case. A parent or guardian may file on behalf of a minor child. Each person who is a party to the claim must appear at the Clerk's Office to sign the necessary paperwork in the presence of a deputy Clerk, or the signatures, properly notarized, can be presented.
What does it Cost to file a Small Claims Case?
Filing fees for Small Claims actions are determined by Florida Statutes and are subject to change by legislative action each year. Fees also vary in accordance with the dollar amount of your claim and the type of action.
Other fees are required for service on the parties you are suing and are dependent on the type of service you select.
A current Schedule of Service Charges is available in an Clerk's office for your information.
What Information do I need in order to File a Small Claims Case?
It is important that you file your claim against the right party. The additional time you spend researching the current name could make a difference in whether you are able to collect should a Judgment be entered by the Court in your favor.
Copies of any contracts, notes, leases, receipts or other evidence you may have in support of your claim must be furnished for each person you are suing as well as the court. You will need to bring the originals to your first court appearance. A full explanation of your reason for the Small Claims action will be necessary. You may wish to write this explanation out at home and bring it with you when you come to the Clerk's Office to initiate your Small Claims case.
Are There Other Requirements?
Any time you sue someone other than an individual, there is additional information needed to complete the necessary forms.
For example, are you suing an individual doing business as a company, a partnership where there are several people doing business as a company, a corporation and are they incorporated, or an insurance company. It is important for you to research this information carefully.
What Happens After I File My Small Claims Case?
After you file your Small Claims case, each person or business you are suing must be served with a Summons or Notice to Appear in Court on the date and time scheduled when you filed your Claim. You will have the opportunity to take advantage of the County Court Mediation Program. This program provides both parties with an opportunity to resolve their dispute without returning to court for a trial. You should be prepared to present your case in court, if you and the defendant do not select to mediate the case.
If the dispute cannot be settled at the pretrial conference, a trial date will be scheduled by the court for your case to be heard. You must appear at the trial with all witnesses and documentation of your claim.
At the trial you will have an opportunity to explain your case to the Judge, ask the person (s) you are suing any questions concerning your claim, present your documentation as discussed at the pretrial conference and call on your case.
Can I Have a Jury Trial on My Small Claims Case?
Yes, a trial by jury may be requested by the person(s) filing the Small Claims Case [Plaintiff(s)] upon written demand at the time the case is filed. Someone being filed against (defendant) may request a jury trial within five days after service of Notice or at the pre-trial conference.
What Happens to My Case if a Settlement is Reached?
If, at any time in the proceedings a settlement is reached between the parties, the plaintiff [person (s) who filed suit] must notify the Clerk of the Circuit Court's office in writing of the settlement.
How can I Collect My Judgment?
The Court does not collect money damages for you. You may wish to consult with an attorney for advice on how to collect your judgment.
An alternative to hiring an attorney is to file your judgment with the Secretary of State. You can download information from www.sunbiz.org or call 1-850-656-7463. The Department of State, Division of Corporations Judgment Lien Filings address is P.O. Box 6250, Tallahassee, Fl 32314.
Can I File a Lien Against the Defendant's Property?
If you choose to place a Judgment Lien against any individually owned real property of the defendant's following the award of a Judgment in your favor, you should obtain a certified copy of your judgment and have it recorded in the Official Records at the Clerk of Courts Recording Division. Fees for recording are set by statute and are subject to change by legislative action. Contact the Clerk's office for current fees. |
