Small Claims Court
What
is a small claims case?
A small claims case is a legal action filed in county court
to settle minor legal disputes among parties where the dollar
amount involved is $5,000 or less, excluding costs, interest,
and attorneys' fees.
Do I
need a lawyer?
No, it is not necessary to have a lawyer. Small claims court
is considered a "people's court," and a lawyer is not
required. Personnel in the Clerk's office will provide you with
the necessary
forms for filing a small claims case.
Where
do I file a small claims case?
You may file a small claims case at the Clerk's County Civil
Division, located at the following offices:
- 425 North Orange Avenue, Room 310, Orlando
- 450 North Lakemont Avenue, Winter Park
- 1111 North Rock Springs Road, Apopka; and
- 475 West Story Road, Ocoee.
Who
can file a small claims case?
A person or persons eighteen (18) years or older, or any individual(s)
doing business as a company may file a small claims case. A parent
or guardian may file on behalf of a minor child. Each person
who is a party to the claim must sign the necessary paperwork.
What
does it cost to file a small claims case?
Filing fees for small claims actions are set out in the Florida
Statutes and in Orange County ordinances. They are subject to
change by legislative actions. Fees also vary in accordance with
the dollar amount of your claim and the type of action.
Additional fees are required for service of process on the
parties you are suing and will depend on the type of service
you select.
Refer to Filing Fees for
a current list.
What
information do I need to file a small claims case?
It is important that you file your claim against the correct
party. The additional time you spend researching the current
name of the person or business you are suing could make a difference
in whether you are able to collect should a judgment be entered
by the court in your favor.
Copies of any contracts, notes, leases, receipts, or other
evidence you may have in support of your claim must be furnished
to each person you are suing as well as to the court. You will
need to bring the originals to your first court appearance. A
full explanation of your reason(s) for bringing the suit will
be necessary. You may with to write this explanation out at home
and bring it with you to the Clerk's office to initiate your
small claims case.
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Are
there other requirements?
When you sue someone other than an individual, there is additional
information needed to complete the necessary forms. Some questions
might include:
- Are you suing an individual doing business as a company?;
- Are you suing a corporation, and if so, has it been incorporated?;
and
- Are you suing an insurance company?
It is important for you to research this information carefully.
What
happens after I file my small claims case?
After you file your small claims case, each person or business
you are suing must be served with a Summons/Notice to Appear in
court on the date and time scheduled when you initially filed your
claim. this court date will be a mediation/pre-trial conference,
and you should be prepared to present your case in court.
If the dispute cannot be settled at the mediation/pre-trial conference,
a trial date will be scheduled by the court for your case to be
heard. You must appear at the trial with all witnesses and documentation
of your claim.
At the trial, you will have an opportunity to explain your case
to the judge, ask the person(s) you are suing any questions concerning
your claim, present your documentation as discussed at the mediation/pre-trial
conference, and call on your witnesses to help explain your case.
Can
I have a jury trial on my small claims case?
Yes, A trial by jury may be requested by the person filing the
small claims case (the plaintiff(s)) upon written demand at the
time the case is filed. Someone against whom a case is being filed
(the defendant(s)) may request a jury trial within five days after
service of the Notice to Appear, or at the mediation/pre-trial
conference.
What happens to my case if a settlement
is reached?
If, at any time in the proceedings, a settlement is reached between
the parties, the plaintiff (the person who filed the suit) must
notify the Clerk's office in writing of the settlement.
How
can I collect my judgment?
The court does not collect money damages for you. You may wish
to consult with an attorney for advice on how to collect your judgment.
You may also wish to pick up an information sheet that addresses
collecting a judgment, which is available at the Clerk's County
Civil Division at the following addresses:
- 425 North Orange Avenue, Room 350, Orlando;
- 450 North Lakemont Avenue, Winter Park;
- 1111 North Rock Springs Road, Apopka; and
- 475 West Story Road, Ocoee.
Can I file a lien against the defendant's property?
If a judgment is entered in your favor, you may choose to place
a judgment lien against any individually owned real property of
the defendant. You must obtain a certified copy of your judgment
from the Clerk's County Civil Division. You may then take the certified
copy of the judgment to the Orange County Comptroller's Official
Records department and have it recorded in the official records.
You may record the judgment in other counties as well. |
