Filing a Small Claim Monday, October 16, 2017 Dwight E. Brock - - PowerPoint PPT Presentation

Filing a Small Claim

Monday, October 16, 2017

Dwight E. Brock Collier Clerk of Courts

Orange Blossom Public Library 2385 Orange Blossom Drive Naples, FL .

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Special thanks to our hosts:

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Florida Small Claims Rules

For complete Small Claims Rules, visit the Small Claims page on the Clerk’s website: www.collierclerk.com Click on Court Divisions then Small Claims

2017 Edition

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Small Claims Page

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Small Claims Court

 Small Claims Court is a way to settle legal

disputes in which the amount of damages

• r value of the property involved does not

exceed $5,000.

 These cases are heard by a judge and

usually there is not a jury. Small Claims Court handles all types of cases except alimony, mortgage or traffic fine disputes.

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WHO MAY SUE?

 Anyone 18 years of age or older  A parent or guardian for anyone under 18  Anyone having a claim that does not

exceed $5,000

 A corporate officer on behalf of the

corporation - requires written authorization

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FILING THE CLAIM

 The STATEMENT OF CLAIM form must be

typed or printed with a pen to ensure legibility of all copies.

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Statement of Claim

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FILING THE CLAIM

 In the space for the plaintiff, type or write

in the name and address of the person bringing the lawsuit.

 Specify whether you are an individual

doing business under a fictitious name and sign where indicated.

 Indicate if you are suing as a corporation,

have the form signed by an officer of the corporation or its attorney.

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FILING THE CLAIM

 Insert the name and address of the

person(s) or business you are suing in the space marked “defendant”.

 You must have the defendant’s complete

legal name and street address (do not use a post office box).

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FILING THE CLAIM

 If the defendant is a corporation, provide

the name of an officer or registered agent

• f the corporation so that the summons

can be served.

 This information is available from: Florida

Secretary of State, Corporation Filing Division, Tallahassee, FL 32304. www.sunbiz.org

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FILING THE CLAIM

 Briefly state your claim and the amount

you are suing for in the spaces provided. DO NOT fill in the case number.

 The statement of claim form must be fully

completed and signed.

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FILING THE CLAIM

 If your claim is based on written documentation,

attach it to the original Statement of Claim form.

 Furnish identical copies of the original

documents for the court and each defendant you are suing.

 For example, if you are suing a husband and

wife, supply one copy for the court, one copy for the husband and one copy for the wife.

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FEES AND RECEIPTS

 The filing fees are:



Claims $100 or less $ 55.00



Claims $101 to $500 $ 80.00



Claims $501 to $2,500 $ 175.00



Claims $2,501 to $5,000 $ 300.00



I ssue Summons $ 10.00

 Forms may be downloaded and printed

free of charge from CollierClerk.com

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FEES AND RECEIPTS

 Please note: Filing fees and certified mail fees

must be paid separately from the sheriff’s fees.

 Do not include all fees in one check/money

• rder.

 These fees are non-refundable but may be

recovered later through the defendant.

 After filing your claim, a copy of the

Summons/Notice to Appear at a pre-trial conference will be mailed to you.

 Your sheriff’s receipt will be mailed to you by the

Sheriff’s Department.

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SERVING THE SUMMONS

 The plaintiff is responsible to locate the

defendant and to furnish issued process to the proper Sheriff’s Department if outside Collier County.

 The summons can be served by the sheriff for

$40 per defendant, or by certified mail (restricted delivery) for $11.54 per defendant.

 Certified mail can only be used when the

defendant resides in Florida.

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SERVING THE SUMMONS

 If you want the sheriff to serve the summons,

make your check payable to the sheriff’s department in the county where the defendant resides.

 If this is out of Collier County, call before issuing

a check. Some counties do not accept personal checks.

 If the defendant does not reside in Collier

County, call the sheriff’s department in the defendant’s county to obtain their address and fees.

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FEES AND RECEIPTS

 You may file in person or by mail.  All necessary forms, filing fees and

sheriff’s fees must be included.

 Filing fees can be paid by money order,

cashier’s check, personal check or by cash if you file in person.

 All money orders or checks should be

made payable to Clerk of Courts.

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PRE-TRIAL CONFERENCE

 The pre-trial conference will be scheduled not more

than 50 days from the date you file your claim.

 Appearance at the pre-trial is mandatory.  Whoever appears for a party must have full authority to

settle, or costs and attorney fees incurred by the

• pposing party may be imposed.

 A corporation may be represented at any stage of the

trial by an officer of the corporation or any employee authorized by an officer of the corporation.

 All cases are mediated at pre-trial.

Summons/ Notice to appear for Pre-trial Conference page 1

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Summons/ Notice to appear for Pre-trial Conference page 2

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PRE-TRIAL CONFERENCE

 Your case will either be resolved with a

Mediation Agreement or will be set for trial

• n the judge’s trial docket.

 If the defendant is not served the

summons, the pre-trial conference will be

• cancelled. It will be rescheduled if you

arrange for a new summons to be issued and served.

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PRE-TRIAL CONFERENCE

 If there are multiple defendants, they may

be scheduled on different dates based on the issue date of their summons.

 A defendant must be present at the pre-

trial date printed on their served summons.

 The Plaintiff must be present at ALL pre-

trial conferences.

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TRIAL BY JURY

 Either the plaintiff or the defendant(s) may

request a jury trial.

 Small Claims Rule 7.150 - Jury trials may be

had upon written demand of the Plaintiff at the time of the commencement of the suit,

• r by the Defendant within five days after

service of notice of suit or at the Pre-Trial Conference, if any. Otherwise Jury Trial shall be deemed waived.

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OBTAINING JUDGMENT

 The judge will listen to both sides of the story,

review the evidence, and hear any witnesses’ testimony before making a decision.

 Whatever the outcome, you will be sent a copy

• f the judge’s ruling.

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POST JUDGMENT

 To create a lien:  Obtain a certified copy of the Final Judgment. This may

be purchased from the Clerk’s Recording Department (or the Courts Department). Cost: $1 per page and $2 for the certification.

 Submit the certified copy to the Clerk’s Recording

Department to be recorded in the Official Record. Cost: $10 for the first page and $8.50 for each subsequent page.

 Contact an attorney for additional options.  Judgments may be registered with the Secretary of State:

WWW.SUNBIZ.ORG

Garnishments - F.S. 77

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77.01 Right to writ of garnishment

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77.02 Garnishment in tort actions

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77.03 I ssuance of writ after judgment

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77.0305 Continuing writ of garnishment against salary or wages

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77.031 I ssuance of writ before judgment

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77.04 Writ; form

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77.041 Notice to individual defendant for claim of exemption from garnishment; procedure for hearing

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77.055 Service of garnishee's answer and notice of right to dissolve writ

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77.06 Writ; effect

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77.061 Reply

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77.07 Dissolution of writ

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77.08 Writ; jury trial

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77.081 Default; judgment

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77.082 No reply filed

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77.083 Judgment

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77.13 Execution on garnishee's refusal to surrender property

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77.14 Disposition of property surrendered by garnishee

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77.15 Proceedings against third persons named in answer

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77.16 Claims by third persons to garnisheed property

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77.17 Compensation to garnishee

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77.19 Amount retained by garnishee

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77.22 Before judgment; effect of judgment for defendant

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77.24 Before judgment; discharge

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77.27 No appeal until fees are paid

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77.28 Garnishment; attorney's fees, costs, expenses; deposit required

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77.03 I ssuance of writ after judgment.—

After judgment has been obtained against defendant but before the writ of garnishment is issued, the plaintiff, the plaintiff's agent or attorney, shall file a motion (which shall not be verified or negative defendant's exemptions) stating the amount of the judgment. The motion may be filed and the writ issued either before or after the return of execution.

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77.06 Writ; effect.–

(1) Service of the writ shall make garnishee liable for all debts due by him or her to defendant and for any tangible or intangible personal property of defendant in the garnishee's possession or control at the time of the service of the writ or at any time between the service and the time of the garnishee's answer. Service of the writ creates a lien in or upon any such debts or property at the time

• f service or at the time such debts or property come into the

garnishee's possession or control. (2) The garnishee shall report in its answer and retain, subject to the provisions of s. 77.19 and subject to disposition as provided in this chapter, any deposit, account, or tangible or intangible personal property in the possession or control of such garnishee; and the answer shall state the name or names and addresses, if known to the garnishee, of the defendant and any other persons having or appearing to have an ownership interest in the involved property. (continued)

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77.06 Writ; effect.-- (continued)

(3) In any case where a garnishee in good faith is in doubt as to whether any indebtedness or property is required by law to be included in the garnishee's answer or retained by it, the garnishee may include and retain the same, subject to the provisions of s. 77.19 and subject to disposition as provided in this chapter, and in such case the garnishee shall not be liable for so doing to the defendant or to any other person claiming the same or any interest therein or claiming to have sustained damage on account thereof. (4) Service of a writ on a garnishee shall render him or her liable as provided in this chapter in any fiduciary or representative capacity held by him or her if the fiduciary or representative capacity is specified in the writ.

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77.28 Garnishment; attorney fees, costs, expenses; deposit required.—

Upon issuance of any writ of garnishment, the party applying for it shall pay $100 to the garnishee on the garnishee’s demand at any time after the service of the writ for the payment or part payment

• f his or her attorney fee which the garnishee expends or agrees to

expend in obtaining representation in response to the writ. On rendering final judgment, the court shall determine the garnishee’s costs and expenses, including a reasonable attorney fee, and in the event of a judgment in favor of the plaintiff, the amount is subject to offset by the garnishee against the defendant whose property or debt owing is being garnished. In addition, the court shall tax the garnishee’s costs and expenses as costs. The plaintiff may recover in this manner the sum advanced by him or her, and, if the amount allowed by the court is greater than the amount paid together with any offset, judgment for the garnishee shall be entered against the party against whom the costs are taxed for the deficiency.

Complete Florida Statutes are available at the Florida Senate website: www.flsenate.gov

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Corporate Authorization

Summons/ Notice to appear for Pre-trial Conference page 1

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Summons/ Notice to appear for Pre-trial Conference page 2

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Small Claims Pre-trial Conference Order Page 1

“If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Charles Rice, Administrative Services Manager, whose office is located at 3315 East Tamiami Trail, Suite 501, Naples, Florida 34112, and whose telephone number is (239) 252-8800, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.”

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Small Claims Pre-trial Conference Order Page 2

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Small Claims Mediation Agreement

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AFFIDAVIT of NON-COMPLIANCE

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Ex-Parte Motion and Order for Hearing in aid of execution

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Individual Fact Information Sheet page 1

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Individual Fact Information Sheet page 2

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Individual Fact Information Sheet page 3

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Individual Fact Information Sheet page 4

MAIL OR DELIVER THE COMPLETED FORM TO THE JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR’S ATTORNEY. DO NOT FILE THIS FORM WITH THE COURT.

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Business Fact Information Sheet page 1

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Business Fact Information Sheet page 2

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Business Fact Information Sheet page 3

MAIL OR DELIVER THE COMPLETED FORM TO THE JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR’S ATTORNEY. DO NOT FILE THIS FORM WITH THE COURT.

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For additional information, please visit our website:

CollierClerk.com

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Thank You