A Florida Statement of Claim (Small Claims) is a legal document used to initiate a civil lawsuit in a county or district court in Florida. It is a simplified form of civil litigation that allows an individual or business to pursue a legal claim against another individual or business for up to $5,000 (or $8,000 if the plaintiff is a business entity). The Florida Statement of Claim (Small Claims) must include the names of the plaintiff and defendant, a description of the dispute, the amount of money being sought, the court where the case will be heard, and a court date. There are two types of Florida Statement of Claim (Small Claims): Claims for Money and Claims for Injunctive Relief. Claims for Money involve suing for money owed due to an alleged breach of contract, negligence, or other legal wrong. Claims for Injunctive Relief involve requesting an order from the court to stop an action or compel a person to take an action.
Florida Statement of Claim (Small Claims)
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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.
§ 1654. Thus, anyone can appear pro se, and anyone who appears before the Court without an attorney is considered pro se. However, there are certain limitations to self-representation, such as: Corporations and partnerships must be represented by counsel.
Small claims cases are heard in the civil division of the county court. In Florida, the special rules of procedure, which are used in small claims cases, are called the Rules of Summary Procedure (R.S.P.). Consequently, the small claims court is frequently referred to as the "summary procedure" court.
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.
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.
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