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Home Small Claims FAQ's How do I file a small claims case (up to $5000)?

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How do I file a small claims case (up to $5000)?

A case is commenced by filing a Statement of Claim, along with an appropriate fee, with the Clerk
of Courts, County Civil Division. While the County Civil forms package is available from the Clerk's
Office, assistance ONLY in the preparation of the forms is provided by the Clerk's Office.


***Please understand that Judges, Judicial Assistants, Clerks of Court,
and Sheriff's Department employees CANNOT practice law or give you
legal advice. They can ONLY point out the existence of certain
procedures, but CANNOT tell you how to follow them or how effective
they will be. ONLY A LAWYER CAN GIVE YOU LEGAL ADVICE. You should
talk with a lawyer if you have any questions about your rights.


If your claim is based upon a written document, the written document must be attached to the
Statement of Claim.


When you file, you must bring with you at least two copies of any documents on which your claim
is based. Examples include, cancelled checks, invoices, contracts, or estimates. If you are suing
more than one person, bring one extra set of copies for each person being sued. You must supply
the correct name and address of the parties you wish to sue. If a company, you must find out if this
company is individually owned, a partnership or a corporation. For corporate information you may
check with the Florida Department of State, Division of Corporations. For company information
you may check with the Occupational Licensing division in the city or county where the business
is located. It is important to sue the proper party or entity as a judgment against a fictitious name
could be uncollectible.


 
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