Cases that Cannot Be Filed in Nassau County Small Claims Court
Small Claims Court does not handle cases involving the following:
- alimony payments
- traffic fines
Filing a Claim in Nassau County Small Claims Court
You need to contact the Nassau Clerk’s Office and obtain and complete a Statement of Claim form. The form should be typed or printed with a pen to ensure it is legible.
How to Effect Service on a Defendant in Nassau County Small Claims Court
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). The plaintiff needs to know the full names of all the individuals you are suing. You also need an address of where that person can be served. If the plaintiff is suing a business, you need to determine whether the business has incorporated. 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 learned from the Department of State, Department of Corporations website for Florida which can be found online at http://www.sunbiz.org or by telephone at 850-245-6052. If a business has a fictitious name, you will need to obtain that as well. The Department of Corporations can assist you with this.
Location for Small Claims Courthouse in Nassau County
Small Claims Court cases in Nassau County can be filed at the Nassau County Courthouse which is at: 76347 Veterans Way Yulee, FL 32097 The phone number for the courthouse is: 904-548-4600.
Nassau County Small Claims Court Fees and Costs
The costs for filing a Small Claims case in Nassau County include the filing fee, which is based on the amount of your claim, as well as a service fee for summoning each party 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. Contact the Nassau County Court Clerk for the specific amount of the filing fee for your specific case.
Rules Governing Small Claims Court Cases in Nassau County
All small claims court cases in Florida are governed by the Florida Small Claims Rules.
Nassau 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 pre-trial conference is not successful in resolving your case, the court will set it for trial. The plaintiff needs to serve the Defendant before the pre-trial conference or the court will take the pre-trial conference off calendar. Appearances at pre-trial conferences by both plaintiff and defendant are mandatory. Whoever appears must have full authority to settle the case otherwise costs and attorney fees incurred by the opposing party may be imposed. 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. Multiple defendants may have pre-trial conferences set on different dates. If this occurs, the plaintiff is still requires to attend all the different pre-trial conference dates.
What Jurisdiction does the Nassau County Small Claims Court Have?
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 these apply, then the Nassau County Small Claims Court will not have proper jurisdiction to hear the 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 Nassau County. Chapter 34 of the Florida Statutes and Rule 7.010 authorize the limit on small claims court cases.
Are Jury Trials available in Nassau County Small Claims Court Cases?
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 party may make a request for a jury trial. Pursuant to Small Claims Court Rule 7.150, the plaintiff can file a written demand for a jury trial when filing the suit, and a defendant can request a jury trial either within five days of being served notice of the action or at the pre-trial conference. If neither the plaintiff or defendant request a jury trial, the case will be tried in front of a judge.
Who Can File a Small Claims Court Case in Nassau County?
A person can file a small claims court case in Florida if any of the following apply:
- You are 18 years or older
- You are the parent or guardian of a minor and are filing on their behalf
- For corporations, an officer may file on behalf of the corporation provided there is written authorization
How to Prepare to File a Small Claims Court Case in Nassau County
Before you file a small claims court action in Nassau County, you should communicate with the other party about what is exactly in dispute. The best way to accomplish this is to write a short succinct letter outlining your position and deliver it to the other party. You may be able to resolve your case without going to court. Sending this initial communication will be the simplest and most efficient way of resolving your case.