Sample Claim Statement With Students In Fulton
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You can file a claim for which you are seeking $15,000 or less. If your claim exceeds $15,000 principal, the Magistrate Court does not have jurisdiction (the legal authority) to hear your case, and it must be filed in another court; such as, Superior Court.
You don't have to have a minimum amount of monetary damages in order to go to court. Small claims court by definition will have a maximum amount of potential damages, but if you, say, promise a kid 50 cents if he brings you your mail, and he takes off with your two quarters, you can theoretically sue to get it back.
The plaintiff must file a sworn statement with the clerk of the appropriate magistrate court, describing the charges made by the plaintiff against the defendant. This statement is called a statement of claim, or a claim.
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.
When you are served, a summons will be on the top of the petition. It will tell you how many days you have to file a written answer with the Court and on whom you must serve a copy of your answer. You can use the attached form Answer and Counterclaim to draft your answer and counterclaim.
If you cannot resolve a dispute with a business or a person and the amount in controversy is less than $15,000, you may electronically file a case in Magistrate court. You may electronically file in your own name without an attorney or you may hire an attorney at your own expense.
You can defend a statement of claim if you believe you don't owe all or part of the claim. To defend the claim you must file a document called a defence. A defence confirms that you deny some or all of the claim and the reasons why. These reasons are called the grounds of your defence.
For the part of the claim that you dispute, give a full response to what is claimed. It may be helpful to use separately numbered paragraphs. Attach an Additional Parties Form 1A form, if there is more than one plaintiff or defendant in the case and check the “Additional plaintiff/defendant” box on the defence form.
