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| Notice To Owner (NTO) Services - Small Claims Court
Guide The Guide To Florida's Small Claims
Court Procedures
Neil H.
Butler, Esquire
Deborah E. Lawson, CLA |
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Every four years, the Florida Supreme Court reviews all of
the rules that govern the court procedures. This review includes the Florida Small Claims
Rules. In 1996, the Florida Chapters of the National Association of Credit Management
proposed a change in the Small Claims Rules to raise the jurisdictional limit for small
claims cases from $2500 to $5000.
Although this proposal was opposed by the Small Claims Rules Committee of The Florida Bar,
on October 10, 1996, the Florida Supreme Court adopted the NACM proposal. This change
became effective on January 1, 1997.
As a result of this change, many businesses will now be handling more of their collection
cases without the use of an attorney. Because of this increase in case load, the Florida
Chapters of NACM have undertaken to prepare this GUIDE TO FLORIDA SMALL CLAIMS COURT
PROCEDURES. NACM hopes that this GUIDE will increase the number of members who will take
advantage of this change.
This GUIDE is designed to be both a training manual for the less experienced credit person
and a reference book for the more experienced credit veteran. In either case, as the judge
gains confidence in your knowledge of the Small Claims Court Rules, you will become more
effective in obtaining good results for your company. We hope you find that this GUIDE
serves that purpose.
Topics Covered In The Guide
ONE: AN OVERVIEW OF THE SMALL CLAIMS COURT PROCEDURES
TWO: HOW TO START A SMALL CLAIMS COURT CASE
Filing The Statement Of Claim In The Correct County
Selecting The Parties To Sue
Preparing The Statement Of Claim
Statement Of Claim For Goods Sold
Statement Of Claim On A Promissory Note
Issuance Of The Summons
Service Of The Statement Of Claim and Summons
THREE: DEFENSES THAT MAY BE RAISED IN A SMALL CLAIMS COURT CASE
FOUR: THE PRETRIAL CONFERENCE
Preparation For The Pretrial Conference
Conducting The Pretrial Conference
FIVE: MEDIATION
SIX: THE FINAL HEARING
Preparation For The Final Hearing
Conducting The Final Hearing
Final Judgments
SEVEN: COLLECTING A SMALL CLAIMS COURT JUDGMENT
How To Find Assets To Satisfy A Judgment in Florida
How To Gain Control Of The Judgment Debtor's Assets
APPENDIX: FLORIDA SMALL CLAIMS RULESSmall Claims Court
Chapter 1
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