Please see the answers below to frequently asked questions regarding Small Claims.

 

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.

 

You may file a small claims case at the Clerk's County Civil Division, located at the following offices:

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.

 

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 Chart for a current list of fees.

 

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. 

When you sue someone other than an individual, there is additional information needed to complete the necessary forms. Some questions might include:

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.

 

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.

 

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.

 

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 download an information sheet that addresses Collecting on a Final Judgment.

 

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.