You can file a lawsuit if you think someone owes you money.If the person owes you money in Florida and the amount is $5,000 or less, you can file a small claims court case.Some steps may vary from county to county in this article.
Step 1: Pick out your evidence.
You need to be able to explain why the money is owed.Before you start your case, you should gather your evidence together.Your evidence could include a copy of an IOU or other signed contract, an estimate or bill for the repair of damages, and bills for medical treatment.
Step 2: There is a monetary limit.
The small claims court limit in Florida is $5,000.The small claims process cannot be used if you are asking for more than that.
Step 3: The statute of limitations should be looked at.
You can find the type of claim you have in the statute of limitations.95.11.The statute of limitation is when you can no longer bring a case in court.The four-year limit is what most common claims fall under.There are some common limits.You have two years to bring a case to recover wages and overtime.You must bring a case to recover the value of the property within four years of when it was taken.You have five years to bring a case to recover damages on a written contract.
Step 4: Find the court.
Small claims are heard in the County Courts in Florida.You will want to file your case in the county where the event took place.The website and address of the County Court can be found on the internet.The small claims process can be found on the websites of most County Courts.
Step 5: You need to prepare your forms.
You can use the forms prepared by the Supreme Court of Florida to file and serve your case.There are small claims rules in Florida.If the court in which you will be filing has changed its forms, you should check it out.You can use the local court forms.A statement of claim and notice to appear will be included in your forms.Complete each blank on the forms.Put "Not Applicable" in the line if a section does not apply.When you file your case, you can fill in the information about the hearing.If you had to pay any fees to bring the lawsuit, you should ask the court to make the person pay.In the appropriate places, sign your documents.If there is a place for a stamp, sign it there.At banks, check-cashing businesses, and the courthouse, you can find a notary.The County Clerk will sign the summons.There will be a charge for this.If you make enough copies of your documents, the Clerk will give you the original, and the defendants will get a copy.
Step 6: Take your case to court.
The legal beginning of your case is filing.Ask the clerk to sign your summons if you give the originals of all your documents.
Step 7: The conference should be scheduled.
You can schedule your conference by asking the clerk.The date, time, and location of the conference should be written on the originals and copies of your documents.
Step 8: You can serve the defendants.
The defendants must be served with the statements of claim.You can ask the clerk to serve it by certified mail if the person is a Florida resident.You will have to pay a fee.The sheriff or a private process server can serve the defendants.You have to follow the laws in the state in which the defendants reside if they are not a Florida resident.
Step 9: You should attend the conference.
The judge will likely dismiss your case if you don't attend the conference.The judge will likely rule in your favor if the defendants were properly served and failed to attend.If you both attend, the judge will likely: Ask if the defendant admits or denies the statement you made in the Statement of Claims, clarify any issues that are unclear at the time of the pretrial conference, and set a date for trial if mediation is not successful.
Step 10: You should participate in mediation.
There are volunteer and county funded mediation programs for small claims actions in most Florida counties.On the same day as the conference, a court can order mediation.The judge can refer the parties to mediation, but either party has the right to object if they can't afford it.A neutral person tries to help you compromise and come to an agreement on the issues during mediation.The court will sign the stipulation if mediation is successful.You will go to trial if mediation is unsuccessful.
Step 11: The Rules of Evidence in Florida.
The rules will tell you what can and cannot be presented in court.It is worth paying an attorney to help you with your evidence if you don't understand the rules.There are some things covered in the Rules of Evidence.
Step 12: Arrive before the sun rises.
Arrive early to court for your hearing.You could miss your case if there is a traffic tie-up or you can't find parking.Your case could be dismissed because of this.
Step 13: Don't dress in a way that is inappropriate.
The court will refuse to hear your case if you are not dressed appropriately.If your court doesn't do this, it's best to dress your best.Some types of clothing are discouraged in court, but you don't need to wear a suit.These include: shorts, tank tops, and pants.
Step 14: Behave professionally.
Speak to the judge and court personnel.Don't speak to the other party.If the other party says something that is not true, make a note of it and address it when you are ready to speak.Stand and say "Objection" if the other party is presenting evidence or saying something that is against the rules of evidence. Wait for the judge to ask for more information before saying anything further.If the judge asks for more information, state the rule or law that you believe is being violated.Accept the judge's ruling.You must accept the ruling if the judge rules against you.You can't argue after the judge makes a ruling.
Step 15: Make your case known.
You can go first since it is your petition.The order will probably go something like this, though opening statements are sometimes not done in small claims court.
Step 16: Listen to the other side of the conversation.
When the opponent is speaking, you must stay silent and listen.If your opponent says something you don't think is true, you can address it when it's your turn again.
Step 17: Close the case.
You get to go first and last as the petitioner.If you would like, you can challenge your opponent's evidence after they make their closing statements.When your opponent is done presenting evidence or making a closing statement, ask the judge if you can make a rebuttal.
Step 18: Receive your order.
The judge will rule on your case after all the evidence is presented.The judge will fill out the form and sign it.The judge's ruling was reduced to writing.When you can get a copy of your order, you should ask the clerk.You will need a copy of the order to enforce it.