The Florida Small Claims Packet is an official packet of official documents required to initiate a small claims court case in the state of Florida. The packet includes instructions for filing, as well as the forms necessary to file a small claims case. The packet can be downloaded from the Florida Courts website, or obtained from a local clerk of court office. There are two types of Florida Small Claims Packet. The first is for use in county courts, while the second is for use in circuit courts. County court packets are used when the amount of the claim is $5,000 or less, while circuit court packets are used when the amount of the claim is over $5,000. The packet includes forms for filing the claim, such as a complaint form, an affidavit of service, a summons, and a notice of hearing. It also includes forms for responding to a claim, such as an answer form and a counterclaim form.
Florida Small Claims Packet
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FAQ
A lawyer is not required in small claims court. However, court staff cannot provide legal advice or substantive assistance with a claim or other matters in a suit, so it can be very helpful to hire or consult with an attorney regarding the process, your rights, and claims/defenses.
How Do I File a Small Claim Case? You, the plaintiff, must file a ?Statement of Claim? form, available at your Clerk's office. This must be fully completed and signed to receive a pre-trial conference date. If your claim is based upon written documentation, attach a copy of the contract to the Statement of Claim form.
A small claims action begins by filing a Statement of Claim. Small claim cases should be filed with the clerk in the appropriate county. Filing fees for small claims actions are established in the Florida Statutes and local county ordinances. The clerk of court may be able to provide information on filing fees.
What happens after the filing of a small claims case? Each person or business being sued must be served with a Summons or Notice to appear in court on the date and time shown on the summons or notice. This court date will be a pre-trial conference and parties should be prepared to present their case in court.
You don't have an unlimited amount of time to file a claim. You'll have to bring it within the statute of limitations period for your particular case. For example, the Florida statute of limitations is four years for injury and property damage cases, and oral and written contracts are four and five years, respectively.
County Civil (Small Claims) Fees ItemFee AmountSmall claims $2,500.01 to $8,000$300.00Filing a claim of not more than $1,000.00 filed simultaneously with an action for replevin of property that is the subject of the claim$130.00?County Civil $8,000.01 to $15,000?$300.00?County Civil $15,000.01 to $50,000$400.0018 more rows
In Florida, a County Court now handles what was once called small claims court. By statute and court rules, a less formal and less complicated procedure is available for small claims, that is, claims of $8,000.00 or less.
County Civil (Small Claims) Fees ItemFee AmountSmall claims $2,500.01 to $8,000$300.00Filing a claim of not more than $1,000.00 filed simultaneously with an action for replevin of property that is the subject of the claim$130.00?County Civil $8,000.01 to $15,000?$300.00?County Civil $15,000.01 to $50,000$400.0018 more rows