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You and the lawyer must agree in writing to Limited Legal Representation. A Complaint is made up of the following sections: Caption; ? Jurisdiction and Venue; ? Parties; ? Facts; ? Claims; ? Request for Relief; and ? Date and Signature.
Initial Filing Fees Filing TypeCostClaims of not more than $1,000 filed simultaneously with replevin of property that is subject of claim$130Small claims less than $100$55Small claims of $100, up to $500$80Small claims more than $500, up to $2,500$1751 more row
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.
Both civil and court cases include a plaintiff and defendant. The three most common civil cases are tort claims, contract breaches and landlord/tenant issues.
Your complaint should contain: A caption which identifies the parties to the action. A concise statement of the facts. A short and plain statement of your claim(s) showing why you are entitled to relief. A statement of the relief that you seek.
Complete the Civil complaint form fully and neatly. Be sure to provide enough information so the person you are suing knows why he or she is being sued. Once the complaint is completed, you must file it at the correct Magisterial District Court office. Be prepared to pay the filing fees.
If you are not a licensed lawyer, you may represent only yourself. Representing anyone but yourself is illegal. If you lose your action, you likely will have to pay some costs that the winning party incurred during the lawsuit. Costs can be expensive.
You do not have to hire an attorney to represent you at trial; however, it may be a good idea for you to consult an attorney as soon as possible to learn how to present your case at trial. Your local court or voluntary bar association may offer a free class with information about the small claims process.
After you file an answer with the court The court clerk will give or mail you a court date for you and the plaintiff to come back to court. This will probably be for a Case Management Conference or a Pre-Trial Hearing.
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.