Note: Seemingly simple issues such as filing for divorce or changing custody payments are handled by a family court rather than a small claims court. You may also need to take action and spend money to enforce a judgment. While a small claims court judgment has legal significance, it can be difficult, if not impossible, to enforce the judgment. Obtaining a court decision is one of the most difficult and frustrating aspects of any trial. The person who is required to pay the judgment may not have the money to pay it or may simply refuse to pay it. Application procedures are available, but these require additional effort and also money on your part. You may never collect anything. Below is a short video, Introduction to Small Claims Court. Keep in mind that different small claims courts have different procedures, so make sure you meet the requirements of your court. To view the full series of small claims videos, click here to visit our video page.
With a few exceptions, anyone can sue or be sued in small claims court. In general, all parties must represent themselves. One person can sue another person or a company. A company, in turn, can sue an individual or another company. However, an assignor (a person or corporation that sues on behalf of another, such as a debt collection agency) cannot sue in small claims court. A federal agency cannot be sued in Small Claims Court. Once the application is filed, the court clerk will indicate a date for a pre-trial conference for the parties. It is the plaintiff`s duty to ensure that the defendant is served by a trial server or sheriff in accordance with Florida`s rules of civil procedure. It is also allowed to send the request by registered letter, acknowledgment of receipt requested, with proof of service to the defendant. See Rule 7.070 for small claims.
The Small Claims Court is a special division of the Judicial Court. Small Claims Court is designed to help parties who do not have a lawyer resolve their disputes quickly and cost-effectively. In small claims court, claims must be less than $10,000. Small claims judges can only make monetary judgments. This means that the judge can only ask the other party to pay money (up to $10,000). The judge cannot order the other party to do something (like return a car or dog) or stop doing anything (like play loud music). You don`t need a lawyer for a small claims court, and some states don`t even allow you to have one. First, read an overview of your state`s Small Claims Court laws.
While this is the general rule and covers a large portion of potential claims, there are a few limited exceptions: for example, this exception to the general self-representation rule could allow a dentist`s accountant to represent the dentist in a lawsuit to raise a patient`s account. However, if the patient claimed that the dentist`s services were being provided unnecessarily or improperly, the matter would be on a different question of fact and the dentist would have to appear in person at the hearing. As with all debt and account collection lawsuits, the claimant`s claim form must include a breakdown of all fees and costs added to the original loan amount or agreed price. In the following situations, a party does not have to appear in court and may either send a representative or make written statements to prove its claim or defense. However, the representative cannot be compensated and will be disqualified if he or she has appeared in small claims actions four or more times during the calendar year as a representative of others. Each state has set a maximum monetary limit ranging from $2,000 to $10,000. If your dispute goes beyond your state, you may need to file your case with a court with a higher limit of jurisdiction, such as the Supreme Court. Before filing a case in Small Claims Court, it is important to decide whether recourse to Small Claims Court is the best way to resolve your dispute. Many disputes can be resolved through the use of other dispute resolution methods, such as mediation. Many counties assist in informal dispute resolution through their local consumer offices or through local public or private dispute resolution or mediation programs. Before submitting a minor case, you should evaluate your answers to the following questions: ATTENTION! There are companies that will try to sell you court forms.