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Small claims rules are applicable to all civil actions in the county courts in which the demand or value of property involved does not exceed $5,000 exclusive of costs, interest, and attorneys' fees.

Florida Rules of Court allow a person to file a claim in small claims court with or without a lawyer. The forms needed may be purchased and filed with the Clerk of the Court's office located in the Courthouse.

The Clerk's office is allowed to assist with a small claim by assisting in the preparation of a statement of claim.

For further information you should contact the Clerk of the Court or your lawyer.



Clerk of the Courts Telephone Numbers

Brevard County - 321-637-5413
Hillsborough County - 813-276-8100 ext. 7803
Orange County - 407-836-2060 
Osceola County - 407-343-3500
Pinellas County - 813-582-7681
Polk County - 863-534-4540
Seminole County
- 407-665-4330
Volusia - 904 - 736-5907

General Information - You can't be too well prepared!

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 $5,000.00 or less, excluding costs, interest, and attorney fees.

Is an attorney necessary?

No. 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.

Who can file a small claims case?

Any person(s) 18 years or older or any individual doing business as a company, may file a small claims case. 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 must be notarized.

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 annual change by legislative action. Fees also vary in accordance with the dollar amount of the claim and type of action.

Other fees are required for service on the parties sued and are dependent on the type of service selected. A current Schedule of Service Charges is available in any Clerk's Office location.

What information is needed to file a small claims case?

It is important that the claim is filed against the right party. The additional time spent researching the correct name could make a difference in the ability to collect on any judgment entered by the court.

Copies of any contracts, notes, leases, receipts, or other evidence in support of the claim must be furnished for each person sued and the court. The originals must be brought to the first court appearance. A full explanation of the reason for the small claims action will be necessary.

Are there other requirements?

If someone other than an individual is sued, additional information is needed to complete the required forms. For example, is the individual doing business as a company, a partnership where there are several people doing business as a company, or corporation?

What happens after the filing of a small claims case?

After the filing of a small claims case, each person or business sued must be served with a Summons or Notice to appear in court on the date and time scheduled when the claim was filed. This court date will be a pre-trial conference and parties should be prepared to present their cases in court.

At the pretrial conference mediation is ordered if both parties to the dispute are present and unable to settle their dispute. A mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. Mediation is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties.

If the dispute cannot be settled at the pre-trial conference, a trial date will be scheduled by the court. The parties must appear at the trial with all witnesses and documentation.

At the trial, both parties will have an opportunity to explain the case to the judge, ask the other party any questions concerning the claim, present documentation as discussed at the pre-trial conference, and call witnesses.

Why use mediation?

The Judge will require mediation because:

Mediation is economical. Settlement is viewed as fair by both parties. There is one court meeting. There is no need to subpoena evidence or witnesses and depend on their presence at trial. There is no extensive trial preparation. Mediation preserves personal and business relationships. It allows debtors to arrange repayment plans, avoid a judgment, and preserve credit reputation. Mediation protects privacy and avoids the publicity of trial. Both parties remain in control and participate in a "win-win" solution. The agreement is final and the dispute resolved.

Is a jury trial possible in a small claims case?

Yes, a trial by jury may be requested by the person filing the Small Claims case, upon written demand at the time the case is filed. The person being sued may request a jury trial within 5 days after service of Notice or at the pre-trial conference.

What happens to the case if a settlement is reached?

If, at any time in the proceedings a settlement is reached by the parties, the person who filed suit must notify the Clerk's Office in writing of the settlement.

How does a party collect on any judgment?

The court does not collect money damages for the parties, who may wish to consult with an attorney for advice on collection.

May a lien be filed against the defendant's property?

If a party chooses to place a judgment lien against any individually owned real property of the defendant, following the entry of a Judgment, that party should obtain a certified copy of the judgment and have it recorded in the Official Records in the Clerk's 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.

 

 


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