Florida Small Claims Forms - Small Claims Court Florida
Florida Small Claims Court FAQ Statement Of Claim Form Florida
Who hears the claims in small claims court?
In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.
Who may file a claim in small claims court? An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.
What must I do before I file a claim? Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant.Â
How do I file a claim? The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment.Â
Who serves the defendant with summons or process and how is the defendant served? The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee.Â
How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim.Â
May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work.Â
What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed.Â
What happens if the defendant does not appear at trial? If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection.Â
What are the common forms used in small claims court? Common forms used in small claims court are:
- Claim Statement/Complaint
- Summons
- Return of Summons
- Answer
- Subpoena
- Abstract of Judgment
Easy Order
What Is a Small Claims Court?
A small claims court is a special court where people can resolve simple legal disputes quickly and inexpensively. It's designed for cases involving smaller amounts of money, typically under a certain limit set by the state. In Florida, a small claims court hears cases worth up to $8,000. It allows individuals to handle their own cases without needing lawyers, making it accessible to everyday people. The court's goal is to provide a fair and accessible way for people to resolve their disputes without a lengthy or complicated legal process.
Why File a Small Claims Case?
Filing a small claims case can be a good option when you have a dispute with someone and want to resolve it fairly. In Florida, it is a simple and straightforward process that allows individuals to seek justice without hiring an expensive lawyer or going through a lengthy legal battle. By filing a small claims case, you can present your side of the story to a judge, who will then make a decision based on the evidence presented. This can be especially helpful if you are owed money, need to recover damages, or want to enforce a contract. Ultimately, filing a small claims case in Florida is an accessible and effective way to settle disputes in a timely and efficient manner.
Small Claims Court Limits for Each State
Each state in the United States has different limits on the amount of money you can sue for in Small Claims Court. In simple terms, Small Claims Court is a legal process where people can resolve disputes involving relatively small amounts of money without hiring expensive lawyers. In Florida, the maximum amount you can sue for in Small Claims Court is $5,000. This means that if someone owes you money or has damaged your property, you can file a lawsuit in Small Claims Court in Florida as long as the amount you are seeking is $5,000 or less. It's important to note that Small Claims Court is typically faster and less formal than other court processes, making it more accessible to regular individuals seeking justice.
Small Claims Demand Letter Example
A small claims demand letter is a written document used in Florida to inform someone that they owe you money or have caused some harm, and you want to be compensated for it. It's like a letter of complaint but with a clear demand for payment or other resolution. The letter explains the situation in simple words and asks for a specific amount of money or action to be taken within a certain time frame. It's a way to try and resolve a dispute without going to court, as it shows the other party that you are serious about your claim.
Filing a Small Claims Case in 5 Steps
Filing a small claims case in Florida is a straightforward process that can be broken down into five simple steps. First, gather all necessary information and documents relating to your case. Next, visit the clerk's office in the county where the defendant resides or where the incident took place. Fill out a small claims complaint form, providing details about the case and the amount you are seeking to recover. Attach any supporting evidence and pay the filing fee. After filing, make sure the defendant is properly notified about the lawsuit. Finally, attend the scheduled court hearing and present your case to the judge, explaining why you believe you are entitled to the requested amount. Following these steps can help you navigate through the small claims process in Florida and seek a resolution for your case.
