Sample Claim Statement With Case Laws In Florida
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These rules shall be cited as Florida Small Claims Rules and may be abbreviated "Fla. Sm. Cl. R." These rules shall be construed to implement the simple, speedy, and inexpensive trial of actions at law in county courts.
Your answer must be in writing and must be filed (received) on time with the Clerk of Courts at the Courthouse of the County listed at the top of the Summons (For example, Duval County Courthouse, etc.).
A small claims action begins by filing a Statement of Claim. Small claim cases should be filed with the clerk in the appropriate county. Filing fees for small claims actions are established in the Florida Statutes and local county ordinances. The clerk of court may be able to provide information on filing fees.
You, the plaintiff, must file a “Statement of Claim” form, available at your Clerk's office. This must be fully completed and signed to receive a pre-trial conference date. If your claim is based upon written documentation, attach a copy of the contract to the Statement of Claim form. You may file by mail or in person.
In Florida, the statute of limitations for most personal injury lawsuits, including car accident claims, was recently reduced from four years to two years. This means you now have only two years from the date of the accident to file your claim. For wrongful death cases, the time limit remains two years.
How long you have to file a claim in court, notably Small Claims Court, varies depending on the topic and circumstances of the respective litigation. Chapter 95.11, Florida Statutes, explains that a person has between one and five years.
A statement of claim is a document prepared by the plaintiff, that is, the person or company who is initiating the case in the court. A statement of claim usually accompanies a writ or could be otherwise needed during the course of a proceeding.
