The Florida Statement of Claim is a document used to initiate a civil lawsuit in a Florida court. It is the formal complaint filed by the plaintiff to seek a remedy from the defendant for an injury or wrong. The statement of claim outlines the facts of the case and the remedies or damages sought. There are two types of Florida Statement of Claim: 1) Complaint for Damages and 2) Complaint for Equitable Relief. The Complaint for Damages is a civil lawsuit seeking money damages from the defendant. The Complaint for Equitable Relief is a civil lawsuit seeking an injunction or other equitable remedy from the defendant. Both types of Florida Statement of Claim must provide sufficient factual information to put the defendant on notice of the claim and must include the plaintiff’s name, address, and telephone number. The Florida Statement of Claim must be filed in the circuit court where the defendant resides or where the cause of action arose.
Florida Statement of Claim
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How to fill out Florida Statement Of Claim?
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Once you file your statement of claim against an estate, the personal representative of the estate will either pay the claim, object to the claim, or attempt to settle the claim for some reduced amount. Other interested persons, such as beneficiaries, may also file objections to your claim.
This puts creditors on notice that if they claim they're owed money from the decedent, they must file a Statement of Claim (?Claim?) for the amount they claim that the decedent owed them. The Claim is filed in the probate file and is served on the Personal Representative.
Creditor claims have to be filed with the probate court 30 days after receiving a Notice to Creditors or three months from the publication date (whichever is later). Even without official notification, most creditor claims are barred if not filed within two years of the decedent's death.
Statement Of Claim. A statement of claim form should be used when a person wants to sue another person or business for an amount under $8,000.00, excluding costs, interest, and attorney fees. COMPLETING THE STATEMENT OF CLAIM. The statement of claim should be typed or printed in black ink.
A personal representative's proof of claim shall state: (1) the basis for each claim; (2) the amount claimed; (3) the name and address of the claimant; (4) the security for the claim, if any; (5) whether the claim is matured, unmatured, contingent, or unliquidated; (6) whether the claim has been paid or is to be paid;
A personal representative's proof of claim shall state: (1) the basis for each claim; (2) the amount claimed; (3) the name and address of the claimant; (4) the security for the claim, if any; (5) whether the claim is matured, unmatured, contingent, or unliquidated; (6) whether the claim has been paid or is to be paid;
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. You may file by mail or in person.