The Judge will call your case and if the Plaintiff does not appear, the case will be dismissed. If the Defendant does not appear and the Plaintiff is present, a Default Judgment may be entered. If both parties are present, the Judge will ask the defendant to admit or deny the claim.
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. You may wish to consult with an attorney if there are complex legal issues or, you need legal advice on your rights and obligations.
If you do not show up on time and the judge has already called your case, it might be dismissed.
Is there a statute of limitations? 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 small claims case is a legal action filed in county court to settle minor legal disputes where the dollar amount involved is $8,000 or less. This amount does not include filing costs, interest, and attorneys' fees.
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. You may wish to consult with an attorney if there are complex legal issues or, you need legal advice on your rights and obligations.
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.
What is an example of a claim? A claim answers a debatable question posed by a writer, which then is proved in a paragraph or essay. For example, "Dogs make better pets than cats" is a claim that can be argued.
If you do not show up on time and the judge has already called your case, it might be dismissed.