Small Claims in Florida | Florida small claims Filing | A to Z filing
In this video we will cover:
• What is a Small Claims Action in Florida?
• When can you file a Small Claims Action in Florida?
• Where can a Small Claims Action be filed in Florida?
• How to file small claims in Florida Court?
• What is the fee structure for small claims Action in Florida?
We will explain step by step process. This video is created by small claims Fl.com. If you are not able to do all the work by yourself, small claims FL.com can help you to file your small claims in Florida and prepare your documents. The link is in the description.
www.smallclaimsfl.com/
What is a Small Claims Action in Florida?
A claim up to $5,000 (not including costs, interest and attorney’s fees) can be filed with the Clerk of Courts as a Small Claims Action according to Rule 7.010 of the Florida Rules of Court.
When can you file a Small Claims Action in Florida?
Before you consider a Small Claims Action, you should first try to communicate to the other party exactly what is in dispute. It is a good idea to send a letter which clearly states your complaint. You may be able to resolve the problem without going to court. A law suit should be your last resort in solving a civil dispute.
Where can a Small Claims Action be filed in Florida?
Actions may be brought only in the county:
• Where the defendant resides
• Where the cause of action occurred
• Where the property involved is located.
Landlord/Tenant disputes must be heard in the district where the property is located. The Clerk’s Office can assist you in determining the correct district
How to file small claims in Florida Court?
Your lawsuit cannot proceed until the defendant has been served. (The law requires that a defendant be notified of a claim and be given an opportunity to defend against it).
• Be sure that you have the full name of the individual you want to sue and an address where that person can be served.
• If you are suing a business, you must find out whether or not it is incorporated.
• If you are suing a corporation, you must have the full name under which the business is incorporated and the name and address of either a corporate officer or the registered agent of the business. This information can be obtained from the State of Florida Corporate Information Department.
• If the business you are suing is not incorporated, the correct company name and the full name and address of the owner can be obtained by the Occupational License Bureau.
• The company you are suing may use a name other than the owner’s name, referred to as a “fictitious name”. That information along with the name and address of the person who owns the company must be registered with the Florida Secretary of State.
What is the fee structure for small claims Action in Florida?
The costs for filing a Small Claims action include the filing fee, based on the amount of your claim, as well as a service fee for summoning each party to court (The filing fee varies $55.55 to $300). Filing Fees are:
From $.01 to $99.99 ........... $55.00
From $100 to $500 ............. $80.00
From $500.01 to $ 2,500........ $175.00
Over $2,500.................... $300.00
If a Final Judgment is entered in your favor as a result of your lawsuit, these costs may be added to the total amount of your Judgment.
There are two methods which you may use to summon the other party or parties to court:
1. The sheriff or a certified process server will serve the summons and a copy of your lawsuit on a defendant within County for a fee. To find process servers in your County, you should contact the Administrative Office of the Courts. For service outside of your County, you must make arrangements to have a process server or the sheriff of the county where the defendant lives serve the papers.
2. You may attempt service of a summons on parties within the State of Florida by certified mail, return receipt requested. A deputy clerk can assist you with this procedure at any of the filing locations. There is no fee for this except the actual cost of mailing.
• Bring all the information and papers concerning your claim with you to one of the filing locations. If the claim is based on a written document, a copy must be attached to your formal Statement of Claim.
• At the filing location, a deputy clerk will assist you. You will be required to fill out an information sheet with details of your claim, including the date and place the alleged debt was incurred and the amount and type of the claim. The deputy clerk then will assist you in the preparation of your Small Claims suit. You should be aware that the clerk is not able to offer any legal advice
You may hire the professional staff of small claims Fl.com to prepare the right forms for the right court. The link is in the description.
www.smallclaimsfl.com/
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