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Home County Civil Division Frequently Asked Questions 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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