What Is a Small Claims Court in Florida?
A Small Claims Court in Florida is one that attends to minor civil disputes where the claim does not exceed $8000. This value does not include court costs, attorney fees, or interest. Most of the cases that feature in Small Claims Court border on personal injury, breach of contract, and low-level civil disputes. They include the following:
- Evictions
- Loan repayments
- Security deposit
- Damages incurred during service delivery
- Personal harm such as a dog bite
- Failure to deliver based on terms of the contract
- Libel, slander, or defamation of character
- Wrongful arrest
Irrespective of the claim amount, Florida Small Claims Courts do not handle cases involving the following:
- Divorce
- Guardianship
- Change of name
- Bankruptcy
Also, Small Claims Courts do not have the power to adjudicate cases of lawsuits filed by litigants against any federal parastatals or their representatives. The Clerk of the Court of Jurisdiction provides all necessary forms to start a small claims case. Florida statutes set the administrative filing fees, and the fees are not subject to change unless by legislative review.
How Do Florida Small Claims Court Work?
Florida Small Claims Courts differ from other Court divisions in the state in that the process is simple enough for an individual to self-litigate. Parties can file for claims in person or by mail. However, self-litigation is not compulsory. Parties may decide to engage the service of lawyers to represent them in court. Only minor cases with monetary involvement of not more than $8000 are admissible in the Small Claims Court division.
Defendants may file counterclaims against any suit. If a counterclaim exceeds the value, the court transfers the case to a higher civil division. The statute of limitation applies to small claims cases in the state under the laws of the State. Most personal injury cases have four years to litigate; otherwise, they lose the right to sue. Negligence cases have five years to proceed to the court of justice. Filing fees may vary by county because of state and local ordinances. Generally, the filing fee structure looks like this:
- Claims less than $100 costs $55
- Claims from $100 to $500 costs $80
- Claims from $500.01 to $2500 costs $175
- Claims of $2500.01 and above costs $300
- Other Court fees include summons fees. The cost of service varies depending on the route.
The choice of payment routes depends on the county. Most of them accept certified checks, business checks, money orders, or cash. Personal checks are not acceptable. There is no set limit on how many cases a party may file at a time, but there is a limit to how much a complainant can collect at a time. Both parties may file an appeal if dissatisfied with the judgment within time limits as set forth by the rules of the court.
How to Take Someone To Small Claims Court in Florida
A Small Claims Court case begins when an entity files a Statement of Claim with the court. Entity here refers to an individual, business, or a corporate body. The filing party must meet the requirements of age (18 years) and the limit for claims at the court. The suing party must file the case with the appropriate county where:
- The event occurred
- One or more of the defendants is resident
- Both parties entered the contract
- The parties exchanged promissory notes
- Payment of debt is to be made
Filing the suit in the wrong county may lead to a dismissal of the case. Another important requirement for a successful filing and service of process is to provide the accurate names and addresses of the defendant. While it may be easier to get a party’s name, business entities may be tricky. Confirm the correct names by visiting the state records page on registered businesses. Suppose the business name is not in the records. The filing party must get the services of an experienced attorney to help out with naming the defendant. It is to avoid losing the case in court.
Visit the Court Clerk to get the correct forms for filing a Small claims action. Complete and submit the forms, along with the court-required payments to the courthouse clerk. Filing fees vary by county because Florida statutes and local ordinances jointly inform the costs. Once received, the court clerk issues a Notice of Summons to the defendant. A Notice of Summons is a court order to appear at the court on a specified date. It also bears a copy of the Statement of Claims. The attached statement tells the defendant who is suing, for how much, and what the allegations are. The initial court appearance is not for a trial but a pretrial conference.
The court schedules a pretrial conference to determine if there is a need for a trial. Although not compulsory, parties may opt for the services of a representing lawyer. If the defendant fails to appear for the conference, the judge can enter a default judgment against them. At the pretrial conference, the judge finds out if the defendant owes the plaintiff according to the statement. If the defendant answers in the affirmative, the judge directs the parties through a mediation process. A trained mediator undertakes the session to get both parties to settle without a trial. If it is successful, the mediator writes a statement reflecting the terms of the settlement, such as an arrangement for repayment. If mediation is unsuccessful, the judge sets a trial date.
Either party may request a jury trial. Plaintiffs must do so at the time of filing, while defendants have five days from trial to request one. Parties do not have the permission to submit evidence or written witness statements. Rather, they can prepare to have witnesses or experts appear at the trial. If a witness refuses to show up, the party can request the court to issue a subpoena to get them to appear. At the hearing, the judge or jury allows both parties to present the case, starting with the plaintiff. After hearing both sides, the judge looks over the case and decides based on the degree of the preponderance of the evidence.
The judgment is a statement signed by the judge that sets forth the outcome of the case. It shows the cost of the money to be paid and other orders that may accompany the judgment. The winning party is the judgment creditor. If it is the plaintiff, the next steps would be about how to collect the judgment using the writ of execution. The court is not responsible for collecting the judgment; it is the responsibility of the plaintiff. However, the court may assist in getting a writ of garnishment or execution. A dissatisfied party has ten days to request a rehearing at the Office of the Courthouse Clerk, and 30 days to file for one.
How Much Can You Sue For in Florida Small Claims Court?
The maximum value of monetary claims in Small Claims Courts in Florida is $8000 at a time. There are no official limits to how many cases a party can file per time, but the rule remains that the court treats each case separately. The maximum limit does not include the costs of filing or other administrative fees. If the plaintiff wins the case, the defendant must refund all court costs along with the money claims.
It is possible for a counterclaim to exceed the monetary limit of Small Claims Courts. In that case, the court transfers the case to a court of right jurisdiction; the case moves from small claims to a full civil suit, with the full attendance of a civil court proceeding.
How to Defend Yourself in Florida Small Claims Court
There are many ways to defend oneself in a Small Claims Court. One of them is to look out for loopholes in the case. For example, if the name, address, or court of filing is wrong, it is enough basis to deny the identity on the Statement of Claim. As such, the court can dismiss the case. If there are no errors at the level of identity or court of choice, the defendant must receive the service of process. In cases of trespass or debt, the defendant may file a written defense within 15 days of the service of process. A defendant may file a counterclaim against the plaintiff. But if the claim amount is higher than the monetary limits of Small Claims Courts, the case will be transferred to the civil division of the County Court.
The initial court appearance is not a trial but a pretrial conference, where the judge deciphers whether the plaintiff’s charges are true or not. The defendant has the chance to deny whatever allegations. For example, if the Bankruptcy Court had discharged the debt in question, it would be the opportunity to say so. If the defendant denies the claims, then the case proceeds for a full trial. It is important to get the services of a lawyer at this point. Doing so may mean getting professional counsel or representation in court.
As stated earlier, if the defendant admits the claims as true, the judge sends both parties for mediation. At mediation, the defendant can opt for an out-of-court settlement. It is a form of self-defense that protects the defendant from having the legal system from recording litigation against the defendant. If the case has lingered beyond the four-year statute of limitations, the defendant can raise it as a point in their favor. When a defendant is in denial, the case proceeds to trial. The best form of defence in this scenario is to gather relevant witness, evidence, and facts that can exonerate the defendant.
How Long Do You Have to Take Someone to Small Claims Court in Florida?
According to Section 95.11 of the Sunshine Statutes, statute of limitations apply for crimes and cases in Florida. A Statutes of Limitation is a window period during which a case is valid by the court’s opinion. Generally, the statutes of limitation for small claims cases is four years. This means that a plaintiff cannot file a case four years after it occured or was discovered to have occured. If a filed case is in deterrence of the statutes of limitation, the defendant may move a motion for dismissal, which the court could grant, unless:
- The defendant had been out of state during the period. It could portray an attempt to evade being sued.
- The defendant had been on the run or hiding within the state so that the service of process has been impossible.
- The plaintiff is a minor or declared by law as incompetent. When the minor reaches the age of maturity by the state, they may sue for damages. Persons with incompetencies could have someone validated by the law litigate on their behalf.
What Happens if You Don’t Show up for Small Claims Court in Florida?
There are two possible consequences, beginning from the time of the pretrial conference. If the defendant refuses to show up, the judge enters a default judgment against the party. If the plaintiff fails to show up, the case gets dismissed.
What Are Small Claims Court Records in Florida?
Florida Small Claims Court records comprise all writing and compiled information about a small claims case. They contain each party’s writings, court notices, subpoenas, summons, counterclaims, appeals, evidence, trial transcripts, judgments. Unless otherwise indicated, small claims case information is public information.
Where Can I Find Florida Small Claims Court Records?
Florida court records are maintained by the clerk of courts in the courthouse where the case is filed and heard. To find a particular case, a requestor needs to determine the exact court where the case was heard. If unsure, consider tracing the case based on where the incident took place. By the rules of the court, the court of filing should be in the same county as the incident that led to the case. Visit the appropriate Court Clerk’s office of the county and make inquiries.
