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Q |
What is a Small Claims Case? |
A |
A Small Claims case is a legal action filed in
County court to settle minor legal disputes among parties where the
dollar amount involved is $5,000.00 or less, excluding costs,
interest and attorney fees. |
Q |
Do I Need a Lawyer? |
A |
No, it is not necessary to have a lawyer. Small Claims court
is considered a “people’s court” and a lawyer is not required.
Clerk’s office personnel will provide you, for a fee, the necessary
forms for filing a Small Claims Case. |
Q |
Where can I File My Small Claims
Case? |
A |
A Small Claims case may be filed with the Clerk of the Circuit
Court at the Main office, 100 E. Ocean Blvd., Stuart, Florida,
Constitutional office building 2nd floor. |
Q |
Who Can File a Small Claims Case? |
A |
Any person(s) eighteen (18) years of age or older
or any individual(s) doing business as a company may file a Small
Claims case. A parent or guardian may file on behalf of a minor
child. Each person who is a party to the claim must appear at the
Clerk’s Office to sign the necessary paperwork in the presence of a
deputy clerk or the signatures must be notarized. |
Q |
What Does it Cost to File a Small
Claims Case? |
A |
Filing fees for small claims actions are
determined by Florida Statues and Martin County Ordinances, and are
subject to change. Fees also vary in accordance with the dollar
amount of your claim and the type of action. Other fees are required
for service on the parties you are suing and are dependant on the
type of service you select. A current schedule of Service Charges is
available on this site for your information. |
Q |
What Information Do I Need to File
a Small Claims Case? |
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A
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It is important that you file your claim against the right party.
The additional time you spend researching the correct name could
make a difference in whether you are able to collect should
a Judgment be entered by the court in your favor. Copies of
any contracts, notes, leases, receipts or other evidence you
may have in support of your claim must be furnished for each
person you are suing as well as the court. You will need to
bring the originals to your first court appearance. A full explanation
of your reason for the Small Claims action will be necessary.
You may wish to write this explanation out at home and bring
it with you when you come to the clerk’s office to initiate
your Small Claims case. |
Q |
Are There any Other Requirements? |
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A
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Any time you sue someone other than an individual, there is additional
information needed to complete the necessary forms. For example,
if you are suing an individual doing business as a company,
a partnership where there are several people doing business
as a company? It is important for you to research this information
carefully. Assistance in determining if the person you are suing
is a company, corporation, an individual doing business as a
company or partnership may be obtained by calling the CLERK
OF THE CIRCUIT COURT, Official Records (in the county where
the business is located) or the SECRETARY OF STATE, Corporate
Division (850)488-9000 or visit www.sunbiz.org. If you determine
that the company you are suing is not a registered corporation,
contact the occupational license bureau of the county where
the business is located. |
Q |
Is There Other Information I Need
to Know? |
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A |
The information contained in this web site is
intended only as a guide to assist you with the basic facts of
filing a Small Claims case. Detailed information may be found in Ted
P. Coleman’s book, Lawyers Edition of Florida Summary Claims
Handbook, available in the law library. The public library will also
have a copy for your reference. |
Q |
What Happens After I File My Small
Claims Case? |
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A
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After you file your Small Claims case, each person or business
you are suing must be served with a summons to appear in court
on the date and time scheduled when you filed your claim. This
court date will be a pre-trial conference where mediation will
be held. If the case cannot be mediated you will receive a trial
date. At the trial you will have an opportunity to explain your
case to the judge, ask the person(s) you are suing any questions
concerning your claim, present your documentation as discussed
at the pre-trial conference and call on your witnesses to help
explain your case. |
Q |
Is Mediation an Option? |
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A
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Yes, mediation allows both parties to freely present their case
in the quiet relaxed atmosphere of a conference room under the
expert guidance of an experienced mediator who will strive to
guide a settlement of the issues that will be beneficial to
both parties. It will save time and money. Successful mediation
means no further court appearances, therefore, no further toll
of time from normal activities for you.
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Q |
What Happens to My Case if a
Settlement is Reached? |
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A
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If, at any time in the proceedings a settlement is
reached between the parties, the plaintiff (person(s) who filed the
suit) must notify the Clerk of the Court’s Office, in writing, of
the settlement – and all signatures must be notarized.
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Q |
How Can I Collect My Judgment? |
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A
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The court does not collect money damages for you. You
may wish to consult with an attorney for advise on how to collect
your judgment. You may find the book Lawyers Edition of Florida
Summary Claims Handbook helpful. Also visit www.sunbiz.org for more
information on how to collect your judgment. |
Q |
Can I File a Lien Against the
Defendant's Property? |
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A
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If you choose to place a Judgment Lien against any individually
owned real property of the defendant’s following the award of
a Judgment in your favor, you must obtain a certified copy of
your Judgment from the Clerk of the Circuit Court and record
it as a Judgment Lien. Fees for recording are set by statute
and are subject to change by legislative action. Contact the
Clerk of the Court in the county where the property is located
for their current fees for recording a certified copy of a Judgment. |
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Persons with disabilities requiring reasonable
accommodations to use the services provided should call
(772)288-5576 or 1-800-955-11730(TDD) or
1-800-955-8770(v) via Florida Relay Service |
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