How to File a Small Claims Lawsuit in Florida
- 1). Gather all written documentation supporting your position in the contemplated lawsuit. Add up all of the damages or money you are hoping to recover; if it is $5,000 or less, you may file your case as a small claims suit. File your suit in the county in which the incident occurred, the defendant resides or where the contract was signed unless the contract specifies a specific venue or court.
- 2). Obtain the complaint or petition form for the type of small claims suit you will be filing from the Florida Rules of Civil Procedure on the Small Claims page of the Florida State Courts Self-Help website. The rules contain “Statement of Claim” forms for cases involving auto negligence or motor vehicle crashes, goods sold but not paid for or defective purchases, nonpayment on work performed or materials furnished, money lent but not repaid on a verbal agreement or pursuant to a promissory note and for stolen property recovery.
- 3). Type out your complaint in concise numbered paragraphs which explain the dispute in enough detail so the defendant understands the basis of the lawsuit and the amount of damages you are seeking to recover. Use the “Caption” form provided in the rules. Attach any supporting documents to the back. Make sure to include the name, address and phone number for yourself and all defendants. If you need assistance, Rule 7.050 of the Florida Rules of Procedure mandates clerks of court help you prepare the complaint form if you request.
- 4). Draft a “Summons or Notice to Appear for Pretrial Conference” as well as the “Fact Information Sheet” to file with your complaint using the forms in the rules.
- 5). Take your completed statement of claim or complaint along with the summons or notice and fact information sheet to the small claims or civil clerk of court in the county where you are filing your lawsuit. The clerk will provide you with a file number as well as a date and time for the pretrial conference.
- 6). Neatly write in the pretrial conference date and time on the summons or notice to appear. If the clerk doesn’t, mail the completed summons or notice to appear with a file stamped copy of the complaint with supporting documents to the defendant by certified mail, return receipt requested.
- 7). Wait for the defendant or defendants to file any defensive pleadings. Appear at the scheduled pretrial conference with a copy of your complaint, all supporting documents and signed certified mail receipt, if applicable. If the defendant does not appear, the judge may enter a default judgment in your favor; otherwise, he will schedule trial for more than ten but less than sixty days after the pretrial conference.
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