The Small Claims Court Process
The Small Claims Process:
While the process varies in each Florida county, here are some general steps in the legal process:
Filing a claim: You must file your small claims case in the correct location. You can file your small claims case in the county where the incident happened, where the defendant resides, or where the property in question is located.
As a plaintiff, you will complete a statement of claim outlining the details of your lawsuit and the amount of money you believe you are owed. At this time, you will also pay the filing fees associated with your claim. You will also need a summons to be issued from the clerk for an additional fee. You must take great care to correctly name the individual or business you are suing for the defendant to receive notice of the lawsuit. You will then hire either the sheriff in the county where you filed the lawsuit or a private process server to serve the summons and statement of claim on the defendant, which requires an additional fee.
Pretrial hearing: At pretrial hearings, plaintiffs and defendants can speak with a judge. Typically, the judge orders both parties to attend a mediation at the hearing which is free of charge. If the defendant admits you are owed the money or property, your case can be settled without moving forward to a trial. If the defendant does not attend the pre-trial hearing and the summons was properly served, the judge will enter a final judgment in your favor and the case will be over.
Trial: At trial, you will need to present your evidence and have witnesses present. This is very important. While the rules of evidence are often relaxed during trials involving small claims, you must have all of your receipts, documents, and the people who will testify on your behalf actually in the courtroom on the day of the trial. If you want to make sure that your witness will in fact appear, you can have a subpoena issued by the clerk for a fee. You will need to hire the sheriff or a private process server to serve the subpoena on the witness for an additional fee. Once the judge hears from both sides, a ruling will be determined.
Final Judgment: If the judge rules in your favor, it is important to know that you will only get a piece of paper which states what you are due from the defendant. Turning the Final Judgment into money requires more steps if the defendant does not voluntarily pay the amount the judge determined that you are owed. The Florida Department of State has some helpful tips to collect on a final judgment that you can access here.
To start your claim, visit the corresponding county’s website.
Also see: Statement of Claim Packet
