1. What is a Small Claims case?
2. Where do I file my case (Jurisdiction)?
3. Do I need a Lawyer?
4. Can I reduce my claim to $5,000 in order to bring a Small Claims case?
5. Who may file a claim or have a claim filed against?
6. Where should I file my case?
7. How do I file my case?
8. What is the Statute of Limitations?
9. What does it cost to file a Small Claims case?
10. What happens after I file my Small Claims case?
11. Can I have a jury trial on my Small Claims case?
12. Do I have to do anything after my judgment is paid?

13. I did not receive notice of my court date and the case was decided against me.  What can I do?

1. WHAT IS A SMALL CLAIMS CASE?

A Small Claims case is a legal action brought to settle minor legal disputes among parties where the dollar amount involved is $5,000 or less, excluding costs, interest and attorney fees.  See Florida Statutes, Chapter 34 for description of which causes of action are covered under Small Claims in the County Court.

2. WHERE DO I FILE MY CASE (JURISDICTION)?

The jurisdiction of a court is the power of that court to hear and decide a particular type of case.  The County Court has exclusive jurisdiction for most claims of $5,000 or less and the Florida Small Claims Rules apply.

3. DO I NEED A LAWYER?

No, but you may seek the assistance of counsel if you choose.  Small Claims court is considered the "people's court" and the small claims rules provide for simplified procedures, making it easier for a non-lawyer to handle such a case.

4. CAN I REDUCE MY CLAIM TO $5,000 IN ORDER TO BRING A SMALL CLAIMS CASE?

Yes.  You can limit your claim to $5,000, even if you feel that you are owed more than that amount and file a Small Claims case.  However, your recovery will be limited to $5,000.

5. WHO MAY FILE A CLAIM OR HAVE A CLAIM FILED AGAINST?

The party who files a claim is referred to as the "Plaintiff".  Any person 18 years or older or any individual doing business as a company may file a Small Claims case.  The party who is sued is referred to as the "Defendant".  A claim must designate the proper Plaintiff(s) and Defendant(s).  The determination of the proper party will depend on whether the party is a person or a business and how that business is set up.  Failure to name the proper parties may result in the rejection of the claim or in a defective (unenforceable) judgment.

A. Individuals - if the party is a person, you should designate that party by his or her legal name.

B. Minors - If the party is a minor (under the age of 18), the proper party depends upon whether the minor is the Plaintiff or the Defendant. A minor may not be a Plaintiff directly but must sue through the minor's parent or legal guardian. Example: "John Doe, a minor, by Joe Doe, next best friend." A minor may be sued directly or through the minor's parent or legal guardian.

C. Businesses - If the party is a business, you must name the proper legal entity. The proper legal entity is determined by how the business is set up. You can contact the Florida Secretary of State, Division of Corporations at (800) 488-9000 to get information on a corporation. The Division of Corporations can also tell you the names and addresses of the corporate officers, the name and address of the registered agent for the corporation and the current status of the corporation.  For more information, go to Florida's Division of Corporations online information center: www.sunbiz.org.

D. Sole Proprietors - A sole proprietorship is a business owned by one person that is not in the form of a corporation. The person may or may not use a trade name in the operation of the business. In either case, the proper party is the individual owner. Example: "John Doe, individually and d/b/a John's Garage."

E. Partnerships - A partnership is a business owned by two or more persons that is not in the form of a corporation. The proper parties are the actual partners. Example: "John Doe and Jane Doe, individually and d/b/a John's and Jane's Garage."

F. Corporations - A corporation is a legal entity separate and distinct from its owners. The proper party is the legal name of the corporation. Example: "John's Garage, Inc." You can get information on corporations from the Florida Division of Corporations by calling (800) 488-9000 or by going to their online information center at www.sunbiz.org. You should determine the correct legal name and address of the Registered Agent. A. Individuals - For an individual, venue is the County of the person's legal residence.

6. WHERE SHOULD I FILE MY CASE?

You must file your case in the County in which the Defendant (the person you are suing) resides.  This requirement is referred to as "venue".

A.  Individuals - For an individual, venue is the County of the person's legal residence.

B.  Business - The type of business determines the proper venue for a business Defendant.  For the sole proprietorship, the suit should be brought in the County in which the owner of the business resides.  For a partnership, the suit should be brought in the County in which at least one of the owners of the business resides.  For a corporation, the suit should be brought in the County that the corporation has designated with the Secretary of State as its registered office.

 C.  Multiple Defendants - for multiple Defendants, you can file your case in any County in which venue would be proper for at least one of the Defendants, if they are jointly and severally liable. The online filing process supports up to five different defendants. If you sue multiple defendants, you will have to pay additional charges to have each defendant served separately. You can also "mix and match" defendants, in that a suit could have any combination of corporate, business, and individual defendants as long as each is served with notice as provided by statute.

D.  Out of State Parties - For a party that lives outside of the State of Florida, or a corporation from outside the State of Florida, your case should be filed in the County in which the transaction or occurrence giving rise to the claim took place.

7. HOW DO I FILE MY CASE?

To start the process of filing a small claims case, you must first fill out a Statement of Claim Form. On this form, enter the name and address of the person or corporation you are suing, state the exact amount of money you are suing for and explain why you are suing. You may represent yourself, act as an agent for your corporation, or you may sue on behalf of a minor should you be the guardian. However, you cannot represent someone else if you are not an attorney. In addition, you must put your name, mailing address and telephone number on the claim form. Your case may be dismissed if the Court cannot locate you.

PURSUANT TO SMALL CLAIMS RULE 7.050, IF YOUR CLAIM IS BASED ON A WRITTEN DOCUMENT, A COPY OR THE MATERIAL PART THEREOF SHALL BE ATTACHED TO THE STATEMENT OF CLAIM.

Remember, you must sue a corporation in the County where it is doing business or where it is incorporated. You may also sue a corporation in the county where the registered agent is located.  (The registered agent is the party that should be served for the corporation).

8. WHAT IS THE STATUTE OF LIMITATIONS?

The statute of limitations is a law that sets the deadline by which parties must file a suit to enforce their rights.  In the State of Florida a party has between one and five years to bring a suit.  See Chapter 95.11, Florida Statutes for more information.

9. WHAT DOES IT COST TO FILE A SMALL CLAIMS CASE?

Filing fees for Small Claims cases are determined by Florida Statutes and County Ordinances and are subject to change.  Fees also vary in accordance with the dollar amount of your claim and the type of action.  Other fees are required for service on the parties you are suing and are dependent on the type of service you select.  A schedule of service charges is available on this Website.

10. WHAT HAPPENS AFTER I FILE MY SMALL CLAIMS CASE?

After you file your Small Claims case, service of process must occur.  This is when the Plaintiff gives the Defendant adequate notice of being sued.  The Defendant is given a copy of the Statement of Claim and the Service of Process form which sets forth the date and time of the pre-trial conference.

If you file your case electronically through this website, the Clerk will mail the Summons/Notice To Appear For The Pre-Trial Conference to you, along with your copy. It is your responsibility to proceed with obtaining proper Service of Process. THE STATEMENT OF CLAIM AND SERVICE OF PROCESS FORM MUST BE DELIVERED BY THE SHERIFF OF THE COUNTY WHERE THE DEFENDANT IS LOCATED, OR BY A PRIVATE PROCESS SERVER. The Sheriff of Duval County charges $20.00 per defendant and payment is made by separate remittance in cash, cashier?s check, or money order payable to the Duval County Sheriff.  DO NOT DELIVER THEM YOURSELF OR HAVE A FRIEND DO IT.  The process server should give you a certificate showing that the Defendant was served.  If you do not get such a certificate, contact the process server as you will be unable to proceed if you cannot show the court the Defendant was properly served.

(Service can be made by Sheriff service or certified mail from the beginning of the process, not after the certified mail is returned)

At the pre-trial conference, you should be prepared to present your case in court although you will not be permitted to present witnesses.  If both parties to the dispute are present and unable to settle their dispute, mediation is ordered.  In mediation, decision-making authority rests with the parties.  All statements made during a mediation conference are confidential and cannot be used as evidence if the case goes to trial.  If the dispute cannot be settled at pre-trial, a trial date will be scheduled.  You must appear at the trial with all witnesses and documentation of you claim.

IF THE DEFENDANT FAILS TO RESPOND OR SHOW UP TO DEFEND AGAINST THE STATEMENT OF CLAIM, THE CLERK OR THE JUDGE MAY ENTER A DEFAULT JUDGMENT.

11.CAN I HAVE A JURY TRIAL ON MY SMALL CLAIMS CASE?

Yes.  A trial jury may be requested by the person(s) filing the Small Claims case upon demand at the time the case is filed.  The Defendant may request a trial by jury within five days after Service of Notice or at the pre-trial conference.

12. DO I HAVE TO DO ANYTHING AFTER MY JUDGMENT IS PAID?

Yes.  If you are awarded a money judgment and the other side satisfies or pays the judgment, you must file a Satisfaction of Judgment with the court.  A judgment will appear on, and damage, a person?s credit report until it is satisfied. You could be liable for damages to that person if you allow the judgment to continue to appear after it has been paid.

13. I DID NOT RECEIVE NOTICE OF MY COURT DATE AND THE CASE WAS DECIDED AGAINST ME. WHAT CAN I DO?

If you believe you were not given proper notice of your court date, you can ask to have the judgment set aside.  You must do so by filing a Motion to Set Aside Judgment setting forth the reason why the judgment should be set aside.  The court will schedule a hearing on your motion.  Both parties should appear and be ready for trial.  If the motion is granted, the court will generally try your case immediately.