Court Costs and Fees for Taylor County Small Claims Court
Costs for filing a small claims court case in Taylor 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 final judgment is entered in your favor, these costs can be added to the total amount of your judgment. A person interested in filing a small claims court case should contact the Taylor County Clerk Court to ask about the fee for your specific case.
Location for Small Claims Courthouse in Taylor County
Small claims court cases can be filed at the Taylor County Courthouse which is located at: 108 N. Jefferson Street Perry, FL 32347 The phone number for the Taylor County Court is: 850-838-3506.
What Jurisdiction does the Taylor 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 the above apply, then jurisdiction is not property in Taylor 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. Small Claims court cases in Taylor County can hear cases concerning claims up to $5,000.00 (with costs, attorneys fees and interests added on top of that). Rule 7.010 of the Florida rules of Court and Chapter 34 of the Florida Statutes is what authorizes the claim limit for small claims court cases.
What Types of Cases are Not Handled in Taylor County Small Claims Court?
Small Claims Court does not handle cases involving the following:
- traffic fines
Are Jury Trials available in Taylor 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 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 neither the plaintiff or defendant request a jury trial, the case will be tried in front of a judge.
Service of Defendant in a Taylor County Small Claims Case
Once a case is filed, the case cannot proceed until the Defendant has been served. It is very important that you have the full name of the individual you want to sue. You also need an address of where that person can be served. In order to sue a business, you must determine whether the business is incorporated. 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. If a business has a fictitious name, you will need to obtain that as well. The Department of Corporations can assist you with this.
How do I file a small claims court case in Taylor County?
You need to contact the Taylor 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 Prepare to File a Small Claims Court Case in Taylor County
Prior to filing a Taylor County Small Claims Court case, you should try and discuss with the opposing party about what is actually being contested. The best way to accomplish this is to write a short succint letter outling your position and deliver it to the other party. There is a chance your issue can be resolved prior to filing your claim. Sending this initial communicaiton will be the simplest and most efficient way of resolving your case.
Who is Able to File a Case in Taylor County Small Claims Court?
The following people can file a small claims court case:
- Someone 18 years of age and older
- Parents or Guardians can file on behalf of a minor
- For corporations, an officer may file on behalf of the corporation provided there is written authorization
Pre-Trial Conferences for Taylor County Small Claims Court Cases
The pre-trial conference is a way for the court to try and resolve your case without a trial (often through informal mediation). If the case cannot be settled, it will be set for trial on the judge’s trial docket. It is important for the plaintiff to ensure that the Defendant (and all of them) have been served prior to the pre-trial conference, or the court will cancel the pre-trial conference date. Appearance at the pre-trial conference is mandatory. Whoever appears must have full authority to settle the case otherwise costs and attorney fees incurred by the opposing party may be imposed. 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.
Rules for Taylor Small Claims Court Cases
The procedures governing all small claims court cases in Florida are found in the Florida Small Claims Rules.