Filing a legal action and representing yourself in court can be a puzzling and frustrating process. This web site is designed and intended to provide general information for filing small claims cases. We will cover the obtaining and filing of pleadings, service of process, pretrial conferences, mediation, trial, judgments, and execution of judgments. Be aware that this web site cannot replace the legal advice of a competent attorney and some cases can become extremely complicated.

In fact, it becomes much more complicated if the defendant being sued lives in another state. Therefore, it is strongly recommended that you consult with an attorney for a full explanation of your legal rights.

So what is a small claims action? It’s when there is a dispute between two parties, and the issue in controversy does not exceed $5,000. You should review Chapter 34 of the Florida Statutes for a description of which causes of action are covered under small claims in the county court. Also review the small claims rules of procedure located in section 7 of the Florida Rules of Court for more detailed information. The statutes and rules of procedure which apply will depend upon the type of case filed. It is strongly recommended that you familiarize yourself with the laws that apply to your particular case by visiting your local law library.

It is important that you learn about the resources available in your county. Some have “How to” clinics and you should contact your local bar association to find out if these clinics are available in your area. The law library, as well as the Clerk’s office in your county should have the necessary forms available for filing your claim, however, they cannot give you legal advice on your case. And there may be different forms required depending on your particular situation so we recommend that you find out as much as you can before you file a claim. Remember, clerks of court, law librarians, and employees of the court cannot provide legal advice.

Start Here

Home