The following information is provided by the Florida Bar under its Call-A-Law program:

SMALL CLAIMS PROCEDURES

If you have a financial disagreement with another person or company which does not exceed $5,000, there is a simple, quick and inexpensive way to bring the matter before a judge and to get a ruling. This legal procedure is handled in the Small Claims Division of the County Court. The proceedings are informal. You may represent yourself. An attorney is not required.

How is a claim filed? It is first necessary to visit the office of the Clerk of the County Court in the county where you live. To find the location of the County Court closest to you, look in your telephone directory.

When you visit the Clerk's office, you will be given certain papers to fill out. You should know the full name and present address of the other person or company to be named as defendant. If you do not have this information, you should delay filing your suit until you have it. If the defendant is a corporation you must know the proper name of the corporation and location of the corporation or its registered agent. If you do not have this information, you should delay filing your suit until you have it. A fee is charged for filing your suit. That fee may be recovered from the other party if you are awarded a judgment. If you truly cannot afford to pay the initial fee, let the Clerk's office know. A waiver of fees may be arranged if you qualify.

Once you have visited the Clerk and obtained the proper papers, you must fill them out. These papers include a statement of your claim. Both the "statement of claim" and a "notice to appear" must be given to the other party either by the Sheriff, a private process server appointed by the court or, in certain cases by registered mail. The Clerk can explain the different ways of giving these papers to the other party. There is a charge for having the papers served.

A pre-trial conference on your claim will be scheduled by the clerk within 35 days from the date that you file your claim. The pre-trial conference is kept very simple. In some areas, you may be required to discuss your case with a court appointed mediator who will attempt to help you to resolve the matter. If it is not resolved at the pre-trial conference, a judge will determine if the case should be scheduled for trial. Do not bring witnesses to the pre-trial conference. If you fail to appear, your case will be dismissed. If the defendant fails to appear, you will be awarded a default judgment. If a trial is necessary to establish damages, it will be scheduled by the judge at a set time and date within 60 days of the pre-trial conference.

At the trial, you will be asked by the judge to tell your side of the dispute under oath. The other party will also be given the same opportunity. You and the other party should bring in witnesses and documents to support your claim or defense. In some instances, the testimony of a witness may be taken over the telephone, make sure you determine prior to trial if telephone testimony will be allowed. You also have the right to cross-examine or question the other party, and to cross-examine the other party's witnesses. The judge may make a ruling at the time of the trial or may take the case under advisement. If the judge takes the case under advisement, he or she will look at all the evidence, review both sides of the case and make a decision in writing later. You will receive a copy of the decision in the mail. The judge may order the judgment paid by installments. If the judge decides in favor of the other party, you can appeal. If the judge finds in your favor, the other party also has the right to appeal to a higher court.

If you have further questions about small claims procedures in the County Court, you may want to consult an attorney to help you prepare. He or she can help you know what facts and arguments will be most important to the judge.

Some counties have small claims clinics to assist in the preparation of small claims cases. Telephone your local bar association to see if a clinic is available in your area.

If you believe you need legal advice, call your attorney. If you do not have an attorney, call The Florida Bar Lawyer Referral Service at 1-800-342-8011, or the local lawyer referral service or legal aid office listed in the yellow pages of your telephone book.

(updated 10/02)