Florida

What Types of Cases are Not Handled in Florida Small Claims Court?

Florida Small Claims Court cases cannot handle cases involving the following items:

• alimony payments
• mortgage
• traffic fines

Florida Small Claims Court Costs and Fees

Costs for filing a small claims court case in Florida consist of the filing fee (which is based on the amount of money you are seeking in your claim) and a service fee for bringing each defendant to court. If a party obtains a judgment in its favor, these court costs can be added into the total amount of the judgment. A person interested in filing a small claims court case should contact the County Clerk Court to ask about the fee for your specific case.

Filing a Small Claims Court Case in Florida Small Claims Court

The plaintiff needs to obtain and complete a Statement of Claim form which is found at the County Small Claims Court Clerk’s office. The form needs to be typed or printed with a pen to ensure the legibility.

Filing a Small Claims Court Case in Florida

In Florida, small claims court actions can only be filed in the county where the Defendant lives, where the incident giving rise to the action occurred, or where the property involved is located. If none of the above apply, then jurisdiction is not property in Florida and the court will not be able to hear your case. This may open a judgment you obtain to attack when you try to collect it. A claim of up to $5,000.00, not including costs, interest, and attorneys fees, can be filed in small claims court in Florida County. Chapter 34 of the Florida Statutes and Rule 7.010 authorize the limit on small claims court cases.

Small Claims Court Pre-Trial Conference

The pre-trial conference is used for the court to attempt to see if your case can be resolved without a trial. This is usually done with an informal settlement conference or mediation. If the pre-trial conference is not successful in resolving your case, the court will set it for trial. You need to make sure the Defendant has been served prior to the pre-trial conference or it will be cancelled by the court. Pre-trial conference appearances are mandatory. Persons representing parties must have full settlement authority otherwise the court may impose court costs and attorney fees on the party failing to comply with this rule. A corporation can be represented by any officer of the corporation or an employee that is so designated by an officer of that corporation. Depending on how many defendants are involved in a case and when each defendant was served, the court may schedule different dates for pre-trial conferences on the same case. If this occurs, the plaintiff is still requires to attend all the different pre-trial conference dates.

Small Claims Court Rules

The procedures governing all small claims court cases in Florida are found in the Florida Small Claims Rules.

Are Jury Trials available in Small Claims Court Cases in Florida?

Jury trials are available in small claims court cases in Florida. Even though a jury trial is available, the large majority of small claims court cases are heard in front of a judge. Either the plaintiff or defendant may request a jury trial. Small Claims Court Rule 7.150 allows for a jury trial upon written demand of the plaintiff (when the suit is filed) or defendant within five days after being served with notice of the suit or at the pre-trial conference. If either of these do not occur, then the case will be tried in front of a judge.

Who Can File a Small Claims Court Case in Florida?

The following people can file a small claims court case:

• A person 18 years of age or older
• Parents or Guardians can file on behalf of a minor
• A corporate officer on behalf of the corporation (requires written authorization)

Serving a Defendant in Small Claims Court Cases

After the filing a case, the Defendant needs to be served (the court cannot move forward with the case until service of all Defendants has been completed). You need to knows the full name of the individual that you are suing. You also need to a good address of where that person can be served. If you are suing a business, you need to ascertain whether the business is incorporated or not. If the business has incorporated, the plaintiff needs to ascertain the full name of the corporation and the name and address of a corporate officer or registered agent. This information can be obtained through the Florida Department of State, Division of Corporations at 850-245-6052 or online at http://www.sunbiz.org. You also need to learn if the business is operating under a ficitious name. The Department of Corporations can assist you with this.