Filing a Small Claim Monday, October 16, 2017 Dwight E. Brock Collier Clerk of Courts
Special thanks to our hosts: Orange Blossom Public Library 2385 Orange Blossom Drive Naples, FL . 2
Florida Small Claims Rules For complete Small Claims Rules, visit the Small Claims page on the Clerk’s website: 2017 Edition www.collierclerk.com Click on Court Divisions then Small Claims 3
Small Claims Page 4
Small Claims Court Small Claims Court is a way to settle legal disputes in which the amount of damages or value of the property involved does not exceed $5,000. These cases are heard by a judge and usually there is not a jury. Small Claims Court handles all types of cases except alimony, mortgage or traffic fine disputes. 5
WHO MAY SUE? Anyone 18 years of age or older A parent or guardian for anyone under 18 Anyone having a claim that does not exceed $5,000 A corporate officer on behalf of the corporation - requires written authorization 6
FILING THE CLAIM The STATEMENT OF CLAIM form must be typed or printed with a pen to ensure legibility of all copies. 7
Statement of Claim 8
FILING THE CLAIM In the space for the plaintiff, type or write in the name and address of the person bringing the lawsuit. Specify whether you are an individual doing business under a fictitious name and sign where indicated. Indicate if you are suing as a corporation, have the form signed by an officer of the corporation or its attorney. 9
FILING THE CLAIM Insert the name and address of the person(s) or business you are suing in the space marked “defendant”. You must have the defendant’s complete legal name and street address (do not use a post office box). 10
FILING THE CLAIM If the defendant is a corporation, provide the name of an officer or registered agent of the corporation so that the summons can be served. This information is available from: Florida Secretary of State, Corporation Filing Division, Tallahassee, FL 32304. www.sunbiz.org 11
FILING THE CLAIM Briefly state your claim and the amount you are suing for in the spaces provided. DO NOT fill in the case number. The statement of claim form must be fully completed and signed. 12
FILING THE CLAIM If your claim is based on written documentation, attach it to the original Statement of Claim form. Furnish identical copies of the original documents for the court and each defendant you are suing. For example, if you are suing a husband and wife, supply one copy for the court, one copy for the husband and one copy for the wife. 13
FEES AND RECEIPTS The filing fees are: Claims $100 or less $ 55.00 Claims $101 to $500 $ 80.00 Claims $501 to $2,500 $ 175.00 Claims $2,501 to $5,000 $ 300.00 I ssue Summons $ 10.00 Forms may be downloaded and printed free of charge from CollierClerk.com 14
FEES AND RECEIPTS Please note: Filing fees and certified mail fees must be paid separately from the sheriff’s fees. Do not include all fees in one check/money order. These fees are non-refundable but may be recovered later through the defendant. After filing your claim, a copy of the Summons/Notice to Appear at a pre-trial conference will be mailed to you. Your sheriff’s receipt will be mailed to you by the Sheriff’s Department. 15
SERVING THE SUMMONS The plaintiff is responsible to locate the defendant and to furnish issued process to the proper Sheriff’s Department if outside Collier County. The summons can be served by the sheriff for $40 per defendant, or by certified mail (restricted delivery) for $11.54 per defendant. Certified mail can only be used when the defendant resides in Florida. 16
SERVING THE SUMMONS If you want the sheriff to serve the summons, make your check payable to the sheriff’s department in the county where the defendant resides. If this is out of Collier County, call before issuing a check. Some counties do not accept personal checks. If the defendant does not reside in Collier County, call the sheriff’s department in the defendant’s county to obtain their address and fees. 17
FEES AND RECEIPTS You may file in person or by mail. All necessary forms, filing fees and sheriff’s fees must be included. Filing fees can be paid by money order, cashier’s check, personal check or by cash if you file in person. All money orders or checks should be made payable to Clerk of Courts. 18
PRE-TRIAL CONFERENCE The pre-trial conference will be scheduled not more than 50 days from the date you file your claim. Appearance at the pre-trial is mandatory. Whoever appears for a party must have full authority to settle, or costs and attorney fees incurred by the opposing party may be imposed. A corporation may be represented at any stage of the trial by an officer of the corporation or any employee authorized by an officer of the corporation. All cases are mediated at pre-trial. 19
Summons/ Notice to appear for Pre-trial Conference page 1 20
Summons/ Notice to appear for Pre-trial Conference page 2 21
PRE-TRIAL CONFERENCE Your case will either be resolved with a Mediation Agreement or will be set for trial on the judge’s trial docket. If the defendant is not served the summons, the pre-trial conference will be cancelled. It will be rescheduled if you arrange for a new summons to be issued and served. 22
PRE-TRIAL CONFERENCE If there are multiple defendants, they may be scheduled on different dates based on the issue date of their summons. A defendant must be present at the pre- trial date printed on their served summons. The Plaintiff must be present at ALL pre- trial conferences. 23
TRIAL BY JURY Either the plaintiff or the defendant(s) may request a jury trial. Small Claims Rule 7.150 - Jury trials may be had upon written demand of the Plaintiff at the time of the commencement of the suit, or by the Defendant within five days after service of notice of suit or at the Pre-Trial Conference, if any. Otherwise Jury Trial shall be deemed waived. 24
OBTAINING JUDGMENT The judge will listen to both sides of the story, review the evidence, and hear any witnesses’ testimony before making a decision. Whatever the outcome, you will be sent a copy of the judge’s ruling. 25
POST JUDGMENT To create a lien: Obtain a certified copy of the Final Judgment. This may be purchased from the Clerk’s Recording Department (or the Courts Department). Cost: $1 per page and $2 for the certification. Submit the certified copy to the Clerk’s Recording Department to be recorded in the Official Record. Cost: $10 for the first page and $8.50 for each subsequent page. Contact an attorney for additional options. Judgments may be registered with the Secretary of State: WWW.SUNBIZ.ORG 26
Garnishments - F.S. 77 77.01 Right to writ of garnishment 77.02 Garnishment in tort actions 77.03 I ssuance of writ after judgment 77.0305 Continuing writ of garnishment against salary or wages 77.031 I ssuance of writ before judgment 77.04 Writ; form 77.041 Notice to individual defendant for claim of exemption from garnishment; procedure for hearing 77.055 Service of garnishee's answer and notice of right to dissolve writ 77.06 Writ; effect 77.061 Reply 77.07 Dissolution of writ 77.08 Writ; jury trial 77.081 Default; judgment 77.082 No reply filed 77.083 Judgment 77.13 Execution on garnishee's refusal to surrender property 77.14 Disposition of property surrendered by garnishee 77.15 Proceedings against third persons named in answer 77.16 Claims by third persons to garnisheed property 77.17 Compensation to garnishee 77.19 Amount retained by garnishee 77.22 Before judgment; effect of judgment for defendant 77.24 Before judgment; discharge 77.27 No appeal until fees are paid 77.28 Garnishment; attorney's fees, costs, expenses; deposit required 27
77.03 I ssuance of writ after judgment. — After judgment has been obtained against defendant but before the writ of garnishment is issued, the plaintiff, the plaintiff's agent or attorney, shall file a motion (which shall not be verified or negative defendant's exemptions) stating the amount of the judgment. The motion may be filed and the writ issued either before or after the return of execution. 28
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