Preparing Your Case
Gather your evidence. You will need to be able to state exactly how much money is owed and why it is owed. For this reason, you will want to gather your evidence together prior to beginning your case. Your evidence may include: A copy of an IOU or other signed contract An estimate or bill for the repair of damages Records and bills for medical treatment
Be aware of the monetary limit. In Florida, the small claims court limit is $5,000 plus court costs. If you are asking for a higher value than that, you cannot use the small claims process.
Check the statute of limitations. Find the type of claim you have in Florida’s statute of limitations, Fla. Stat. § 95.11. The statute of limitation tells how long you can wait before you can no longer bring a case in court for your issue. Most common claims fall within the four-year limit. Some common limits are: You must bring a case asking for specific performance of a contract within one year of the date the contract was breached. You must bring a case to recover wages and overtime payments within two years of the date you made the payments. You must bring a case to recover the value of taken or damaged property within four years of the date the property was taken or damaged. You must bring a case to recover damages on a written contract within five years of the date of the breach.
Locate your court. In Florida, small claims are heard in the County Courts. You will want to file in the county where the defendant is located or where the event giving rise to your case happened. Do an internet search to find the website and address of the proper County Court. Most County Courts will have information about the small claims process on their websites.
Prepare your forms. The Supreme Court of Florida has prepared forms that you can use to file and serve your case. These are located in the Florida Small Claims Rules. You should see if the court in which you will be filing has adapted its own forms. If so, use the local court forms. Your forms will include a Statement of Claim and a Summons/Notice to Appear. Fully complete each blank on the forms. If a section does not apply, put “Not Applicable” in the line. You can fill in the information about the hearing when you file your case. Don’t forget to ask the court to make the defendant pay any fees you had to pay to bring the lawsuit. Sign your documents in the appropriate places. If there is a place for a notary stamp, sign them in front of a notary. You can usually find a notary at banks, check-cashing businesses, or in the courthouse. The County Clerk will sign the Summons. There will likely be a charge for this. Make enough copies of your documents that you retain a copy, the Clerk gets the original, and each defendant gets a copy.
Filing and Serving Your Case
File your case. Filing your case is the legal beginning of your case. To do this: Give the originals of all documents to the County Clerk Write down the case number the clerk provides Pay any filing fee required Ask the clerk to sign your summons
Schedule your pretrial conference. Ask the clerk to schedule your pretrial conference. Write the date, time, and location of this conference on the originals and copies of your documents where appropriate.
Serve the defendant(s). Each defendant must be served with the Summons and the Statement of Claim. There are a few options for this: If the defendant is a Florida resident, you can ask the clerk to serve it by certified mail. You will pay a fee for this. You can pay the sheriff or a private process server to serve the defendant(s). If the defendant is not a Florida resident, you must comply with the laws in the state in which the defendant resides.
Managing and Arguing Your Case
Attend the pretrial conference. If you do not attend your pretrial conference, the judge will likely dismiss your case. If the defendant was properly served (above) and fails to attend, the judge will likely rule in your favor. If you both attend, the judge will likely: Ask if the defendant admits or denies the statement you made in the Statement of Claims Clarify any issues that are unclear at the time of the pretrial conference Refer you to mediation Set a date for trial if mediation is not successful
Participate in mediation. Most Florida counties have a volunteer mediator program or a county-funded mediation program for small claims actions. Where these exist, a court can order mediation, often on the same day as the pretrial conference. Where these don’t exist, the judge can refer the parties to mediation, but either party has the right to object based on a lack of ability to pay for mediation. Mediation is a process in which a neutral person tries to help you compromise and come to agreement on the issues. If mediation is successful, the mediator will prepare a stipulation and submit it to the court for signature. If mediation is unsuccessful, you will proceed to trial.
Read the Florida Rules of Evidence. These rules will tell you what you can and cannot present in court as evidence to prove your case. If you do not understand these rules, it is worth paying an attorney to help you with your evidence. Some things covered in the Rules of Evidence include: What types of documents are allowed and excluded Preliminary things that must be shown prior to entering evidence Types of questions that can and cannot be asked of witnesses
Arguing at Trial
Arrive early. Plan to arrive early at court on your hearing date. If there is a traffic tie-up or you can’t find parking, you could miss when your case is called. This could result in your case being dismissed.
Dress appropriately. Some courts have a dress code, and if you are not appropriately dressed, the court will refuse to hear your case. Even if your court does not do this, it is best to dress your best when appearing in court. You do not need to wear a suit, but there are some types of clothing that are generally discouraged in court. These include: Shorts Flip flops Tank tops Halter tops Sagging pants
Behave professionally. While in court, speak only to the judge and court personnel. Do not speak directly to the other party. If the other party says something you believe is not true, make a note of it and address it when it is your turn to speak. If the other party is presenting evidence or saying something you believe is against the rules of evidence or other rules of court: Stand and say, “Objection.” Wait for the judge to ask for more information before saying anything further. If the judge asks for more information, state the rule or law that you believe is being violated. Accept the judge’s ruling. If the judge rules against your objection (overrules), you must accept that ruling. You cannot continue to argue after the judge makes the ruling.
Present your case. Since it is your petition, you get to go first. The order will probably go something like this, though opening statements are sometimes not done in small claims court: Your opening statements (roadmap of what you will show the court) Your opponent’s opening statements Your presentation of evidence (witnesses and evidence) Your opponent’s presentation of evidence Your closing statements (summary of what was proven and how the law says those proofs suggest or require a ruling in your favor) Your opponent’s closing statements
Listen to the other side. Each time it is the opponent’s time to speak, you must stay silent and listen. If your opponent says something you believe is not true, you can address that when it is your turn again, so take notes during this time.
Close your case. As the petitioner, you get to go first – and last. After your opponent presents evidence or makes their closing statements, you get the opportunity to rebut (challenge) it if you would like. Make a note of anything you feel you need to rebut, and when your opponent is finished presenting evidence or making the closing statement, ask the judge if you can make a rebuttal.
Obtain your order. After all evidence is presented and all arguments are made, the judge will rule on your case. Often, the judge will have form orders that they will fill out and sign. The order is the judge’s ruling reduced to writing. You will want to ask the clerk when you can obtain a copy of your order. You will need a copy of the order in order to enforce anything the judge said.
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