Sample Claim Statement With Debt Recovery In Miami-Dade
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A claim up to $8,000 – not including costs, interest and attorneys' fees – can be filed with the Clerk's Office as a Small Claims action, ing to Rule 7.010 of the Florida Rules of Court and Chapter 34 of the Florida Statutes. A deputy clerk may be able to assist you with the filing of a small claims suit.
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.
The claim can be filled and submitted online at the Miami-Dade County Clerk's Office. You may print out the application and file the claim in person at a local courthouse if you choose. More resources are available on the Miami-Dade County Law Library site.
File a Small Claims Case 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.
The claim can be filled and submitted online at the Miami-Dade County Clerk's Office. You may print out the application and file the claim in person at a local courthouse if you choose.
If the defendant fails to appear at the preliminary hearing, the court will enter a default against him/her after it is shown to the judge that the suit was filed in the proper county and the defendant was legally notified.
Yes. You can limit your claim to $8,000, even if you feel that you are owed more than that amount, and file a Small Claims case if you want to take advantage of the simplified procedure. However, your recovery will be limited to a maximum of $8,000.
In Florida, a creditor can garnish up to 25% of your disposable income. or the amount by which your disposable income exceeds 30 times the federal minimum wage, whichever is less. If your disposable income is below 30 times the federal minimum wage, your wages are exempt from garnishment entirely.
