Filing Your Claim
A small claims case is a legal action filed in a county court to settle minor disputes among parties where the dollar amount involved is $8,000 or less, excluding costs, interest, and attorney’s fees. An attorney is not required; however, if the other side hires an attorney, it would be prudent to consider hiring one also. If you are seeking items of property, you may need to request replevin information.
There are preprinted forms available from the Clerk of Court’s office, Division of Small Claims. There are no preprinted forms for County Civil, which are claims of more than $8,000. The filing fees are set by Florida statute and are subject to change by legislative action. Your claim form must have attached copies of any contracts, notes, leases, receipts, or other evidence in support of the claim.
Service of Process
There are preprinted forms available from the Clerk of Court’s office, Division of Small Claims. There are no preprinted forms for County Civil, which are claims of more than $8,000. The filing fees are set by Florida statute and are subject to change by legislative action. Your claim form must have attached copies of any contracts, notes, leases, receipts, or other evidence in support of the claim.
Defendant or Business Not Served
You cannot have a court hearing until the person or business you are suing is served. You may attempt to serve again when you have located a new address for the defendant. Our Sheriff’s office will not charge you for an alias service if prepared within one year.
Pretrial Conference
The defendant(s) or business has been served, and the case is set for a pretrial conference before the County Judge. Both parties must appear unless the party lives more than 50 miles from the courthouse and receives permission from the Judge to appear by telephone. Each party should read the Notice of Pretrial Conference, which explains in detail the venue, witnesses, continuances, etc. If the dispute cannot be settled at the pretrial conference, a trial date will be scheduled by the Court.
If, at any time in the proceeding, a settlement is reached by the parties, the person who filed the suit must notify the Clerk’s office in writing of the settlement.