Who May File a Lee County Small Claims Court Case?
You can file a small claims court case if you are one of the following:
- A person 18 years of age or older
- A parent or guardian on behalf of anyone under 18
- A corporate officer on behalf of the corporation (requires written authorization)
How to Prepare to File a Small Claims Court Case in Lee County
Lee County Small Claims Court Pre-Trial Conference
A pre-trial conference is an attempt to resolve or settle the case through a Mediation Agreement. If the case cannot be settled, it will be set for trial on the judge’s trial docket. The plaintiff needs to serve the Defendant before the pre-trial conference or the court will take the pre-trial conference off calendar. Appearance at the pre-trial conference is 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. At a pre-trial conference, a corporation can be represented by an officer of an employee if the employee has been designated by an officer. 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. But, the plaintiff is still required to attend every pre-trial conference.
Lee County Small Claims Court Courthouse
Small Claims cases can be filed at the Lee County Courthouse which is located at: 2075 Dr. Martin Luther King Jr. Boulevard Ft. Myers, FL 33901 The courthouse can be reached at: 239-533-5000.
Filing a Small Claims Court Case in Lee County
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 Lee County and the court will not be able to hear your case. If the court does not have jurisdiction, this would allow the judgment you obtain to be attacked by the defendant afterwards when you begin to collect it. Claims up to $5,000.00 (not including interest, attorney fees, or costs) can be filed in small claims court. This is authorized under Rule 7.010 of the Florida Rules of Court and Chapter 34 of the Florida Statutes.
Cases that Cannot Be Filed in Lee County Small Claims Court
Lee County Small Claims Court handles all types of cases except:
- alimony
- mortgage
- traffic court fines
Rules for Lee Small Claims Court Cases
The procedures governing all small claims court cases in Florida are found in the Florida Small Claims Rules.
Serving a Defendant in Lee County Small Claims Court Cases
Once a case is filed, the case cannot proceed until the Defendant has been served. You need to knows the full name of the individual that you are suing. You also need an 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 a corporation is being sued, you must have the full name of the corporation and the name and address of a corporate officer or registered agent for the business. The plaintiff can search for this information on the Florida Department of State, Department of Corporation websites at http://www.sunbiz.org or by phone at 850-245-6052. The plaintiff also needs to research whether a business is utilizing a fictitious business name. The Florida Department of Corporations can be used to research this as well.
Filing a Claim in Lee County Small Claims Court
The plaintiff needs to obtain and complete a Statement of Claim form which is found at the Lee County Small Claims Court Clerk’s office. The form needs to be typed or printed with a pen to ensure the legibility.
Can I have a jury in my Lee County Small Claims Court Case?
Even though it is small claims court, a jury trial is available. Even though a jury trial is available, the large majority of small claims court cases are heard in front of a judge. Either party may make a request for 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.
Lee County Small Claims Court Costs and Fees
Costs for filing a small claims court case in Lee County 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 prevails in the case, it can add the costs and fees into the judgment and recover for those costs as well. You should contact the Lee County Clerk Court to inquire about the specific amount of the filing fee for your case.