In Florida Small Claims Court Do You Need Help?
Florida small claims court is a way to resolve smaller disputes involving less than $5,000. For simple cases, it is something you can do yourself. In more complex cases, it is often useful to retain a Central Florida lawyer to help you. We suggest that you use the Olsen Law Partners ask a lawyer free service to get a handle on which is the best way to go for your situation. In small claims cases, the clerk of the court will provide you with forms and information on how to pursue your case.
The Process of Florida Small Claims Court
The purpose of small claims court is to make it simple for the average person to file a law suit. These types of cases are heard by the civil division of the county court where you filed the suit. The process is usually faster that most legal actions.
Where Do I Begin the Process?
You begin in the clerk of the court office to start the Florida small claims court process rolling. You need to file your case in the county where the defendant resides or where the cause of action arose. The clerk's office should be able to help you fill out the necessary paperwork. You must have your supporting documents (documents that prove your case) and pay the filing fee.
Next, the person you sued has to be notified officially that they have been sued. This is done by registered mail or by the sheriff's office. After this occurs the pretrial hearing happens which can result in you winning by default if the defendant does not appear, you winning because the defendant has no defense, or your being sent to mediation by the judge if the defendant does appear and has a good defense. You will have a trial in Florida small claims court if mediation does not resolve your dispute.
Sometimes it is wise to have a Central Florida lawyer even in small claims actions. If you win your case, you still need to collect your money. The judge who heard you case will assist you with the collection.
We have more about law suits on our website if you want to read more on that topic.
Do consider our ask a lawyer service and talk to a lawyer at no cost to you about Florida small claims court.