Sample Claim Statement With Breach Of Contract In Palm Beach
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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 wish to recover more than $10,000, you must consider another court, and in most cases, the assistance of an attorney. If the amount you are asking for is over $10,000, you cannot file in justice court. You cannot just say you will take less to get into this court.
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.
The Court Process 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.
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.
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.
You may also file a complaint by calling our office at 561-233-5500 Monday – Friday AM to PM, excluding County recognized holidays. An on-call Code Enforcement Officer is also available at 561-233-5523 for general questions Monday – Friday AM to PM, excluding County recognized holidays.
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.
Small claims cases should be filed in the County Civil department located in room 1054 at the Clerk of Courts Office. You can obtain information from the Clerk in the preparation of your claim by visiting our office during scheduled business hours, am- pm, Monday through Friday.
4 Elements of a Breach of Contract Claim (and more) The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.
