AN OVERVIEW OF THE SMALL CLAIMS COURT PROCEDURES

It is often said that the Small Claims Court in Florida is the Peoples' Court. The procedures are intended to be quick and easy to understand by persons who are not encumbered with a legal education. However, like any new subject, terminology is used that may not be familiar to the reader. This Chapter provides a broad overview of the subject and introduces some of the strange terms used in Small Claims Court. It is not, however, a substitute of the more detailed chapters that follow.

Every small claims court case begins with the Plaintiff filing a Statement of Claim. This Statement tells the Court the basis for the case, the relief being sought and the person against whom the Plaintiff hopes to get a Judgment.

Every small claims court case must be filed in the proper Venue. The venue of a case is the county where the Statement of Claim is filed. Every Defendant has a right to certain rules governing venue. Chapter Two discusses those rules in more detail.

Every Defendant in a small claims court case is entitled to Service of Process. This means the right to obtain a copy of the Statement of Claim and a Summons. The Summons will tell the Defendant when and where he or she is required to appear to defend against the claim. Chapter Two also discusses how the Statement of Claim and the Summons may be served.

A Defendant is not required to file a written response to the Statement of Claim unless that Defendant wants to assert a Counterclaim, Setoff or Third-Party Compliant. It is very unusual for a Defendant to file such claims unless the Defendant is represented by an attorney. However, Chapter Three discusses the circumstances when such defenses arise and how the Plaintiff may wish to respond.

In every small claims court case, the Court will schedule a Pretrial Conference. The Pretrial Conference must be held within 35 days of the date the Statement of Claim is filed. If the Plaintiff does not attend the Pretrial Conference, the case will be dismissed. If the Defendant fails to attend the Pretrial Conference, the Plaintiff automatically wins the case. This is referred to as a Default Judgment. Even if the Defendant does not show up, the Plaintiff must still offer proof that the claim is due. Chapter Four discusses the procedures at the Pretrial Conference and what proof the Plaintiff should be prepared to offer should the Defendant fail to appear.

If there is a dispute regarding the claim, most County Courts in Florida require the Plaintiff and the Defendant to attend a Mediation Session. The Mediation Session will be conducted by a Mediator. The Mediator does not decide the case. Rather, the Mediator will help the parties reach agreement on the disputed issues and thus, avoid the need for a trial. Chapter Five address what to expect at the Mediation Session and how to get effective results in mediation.

If a case is not resolved at the Pretrial Conference or at the Mediation Session, the Court will schedule a Trial. At the trial, the Plaintiff must be prepared to prove his or her case. If the Defendant has asserted any defenses or counterclaims against the Plaintiff, the Plaintiff must be prepared to respond to those claims at the trial. Chapter Six discusses how to prepare for trial and what procedures will likely be followed by the Court.

At the conclusion of the case, either the Plaintiff or the Defendant will get a Final Judgment. In most cases involving the collection of an account, it is the Plaintiff that receives the final judgment. The final judgment will specify how much the Defendant owes the Plaintiff, including the prevailing party's costs (such as the filing fee). Attorneys fees can be recovered only if an attorney is involved in the case and the contract permits the award of attorneys fees.

After the Final Judgment is entered, the party who received the award must pursue collection of the amount due. Chapter 7 discusses the most common ways to identify assets that can be sold to satisfy the judgment.

The Appendix to this GUIDE contains the Small Claims Court Rules and the forms approved by the Florida Supreme Court for use in Small Claims Court cases.

This Chapter contains a very cursory overview of the Small Claims Court process. The reader is encouraged to review these issues in more detail in the other Chapters of the GUIDE. The reader should also recognize that this GUIDE does not and, indeed, cannot anticipate every event that you may encounter in Small Claims Court. Every county and every judge conducts their cases a little differently. Hopefully, this GUIDE will prepare you for most situations that you may encounter.

Good luck with your cases!

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