You can file a lawsuit if someone owes you money.You can file a small claims court if the person owes you less than $5,000.Some steps may be different from county to county.
Step 1: You should gather your evidence.
You will need to be able to explain how much money is owed and why.Before you start your case, you should gather your evidence together.Your evidence could include a copy of an IOU or other signed contract, an estimate or bill for the repair of damages, and bills for medical treatment.
Step 2: Know the monetary limit.
The small claims court limit in Florida is $5,000.The small claims process cannot be used if you are asking for a higher value.
Step 3: You should check the statute of limitations.
You can find the type of claim in the statute of limitations.95.11.The statute of limitation is when you can no longer bring a case for your issue.The four-year limit is what most claims fall under.There are some limits on the Statutes at www.leg.state.fl.us.You have two years to bring a case to recover wages and overtime payments.You have to bring a case to recover the value of the property within four years of when it was taken.You have five years to bring a case to recover damages on a written contract.
Step 4: You should locate your court.
Small claims are heard in Florida's County Courts.You will want to file in the county where the event took place.The website and address of the proper County Court can be found on the internet.The small claims process can be found on most County Courts websites.
Step 5: Prepare your forms.
The forms that you can use to file and serve your case are from the Supreme Court of Florida.There are small claims rules in Florida.If the court in which you will be filing has changed its forms, you should check it out.The local court forms can be used if that is the case.A statement of claim and notice to appear will be included in your forms.Complete the forms completely.Put "Not Applicable" in the line if a section doesn't apply.When you file your case, you can fill out the information about the hearing.If you had to pay any fees to bring the lawsuit, ask the court to make the person pay.In the right places, sign your documents.If there is a place for a stamp, sign it there.At banks, check-cashing businesses, and the courthouse, you can find a notary.The Clerk will sign the summons.There will be a charge for this.Make enough copies of your documents that you retain a copy, the Clerk gets the original, and the defendants get copies.
Step 6: You should file your case.
The legal beginning of your case is filing.Ask the clerk to sign your summons if you give the originals of all your documents.
Step 7: Pick a time for your conference.
You can schedule your conference by asking the clerk.The date, time, and location of the conference should be written on the originals and copies of your documents.
Step 8: The defendants should be served.
The defendants need to be served with the statements of claim.You can ask the clerk to serve it by certified mail if the person is a Florida resident.You will have to pay a fee.The sheriff or private process server can serve the defendants.You have to obey the laws in the state in which the defendants reside if they are not a Florida resident.
Step 9: Attend the conference.
The judge will dismiss your case if you don't attend the conference.The judge will likely rule in your favor if the defendant was properly served and fails to attend.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, and set a date for trial if mediation is not successful.
Step 10: You can participate in mediation.
There are volunteer and county funded mediation programs for small claims actions in most Florida counties.On the same day as the conference, a court can order mediation.The judge can refer the parties to mediation, but either party has the right to object if they can't afford it.A neutral person tries to help you compromise and come to an agreement on the issues during mediation.The court will sign the stipulation if mediation is successful.You will go to trial if mediation is unsuccessful.
Step 11: The Florida Rules of Evidence can be read.
The rules will tell you what can and cannot be presented in court.It's worth paying an attorney to help you with your evidence if you don't understand the rules.Some of the 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, and questions that can and cannot be asked of witnesses.
Step 12: Arrive early.
You should arrive early for your hearing.You could miss your case if there is a traffic tie-up or you can't find a parking spot.Your case could be dismissed because of this.
Step 13: It is appropriate to dress appropriately.
The court will refuse to hear your case if you are not dressed appropriately.If your court doesn't do this, it's best to dress your best.Some types of clothing are discouraged in court, but you don't need to wear a suit.These include: shorts, tank tops, and pants.
Step 14: Be professional.
Speak to the judge and court personnel.Don't speak to the other party directly.If the other party says something that is not true, make a note of it and address it when you are ready to speak.Stand and say "Objection" if the other party is presenting evidence or saying something that is against the rules of evidence. 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 broken.Accept the ruling.You must accept the ruling if the judge rules against you.You can't argue after the judge makes a ruling.
Step 15: Go ahead and present your case.
You can go first since it is your petition.The order will probably go something like this, though opening statements are sometimes not done in small claims court.
Step 16: Listen to the other side.
You must stay silent when the opponent is speaking.If your opponent says something you don't think is true, you can address it when it's your turn again.
Step 17: It's time to close your case.
You get to go first and last as the petitioner.If you would like, you can challenge your opponent's evidence after they make their closing statements.When your opponent is done presenting evidence or making a closing statement, ask the judge if you can make a rebuttal.
Step 18: You should get your order.
The judge will rule on your case after all the evidence is presented.The judge will fill out the form and sign it.The judge reduced his ruling to writing.When you can get a copy of your order, you will want to ask the clerk.You need a copy of the order to enforce it.