Small Claims
The Small Claims division of the Clerk’s Office handles civil actions in which the damages being sought or the matter in controversy is valued below $8,000.00. A “small claim” is a legal action filed in County Court to settle minor legal disputes among parties where the dollar amount involved is no greater than $8,000, excluding costs, interest, and attorney fees.
Small Claims Court is considered a “people’s court,” so it is not necessary to have an attorney to file a claim, but you are allowed to use an attorney if you wish.
Filing a Small Claims Suit
There are several steps involved in a small claims case. They are: filing the case, serving the defendant(s), holding a pre-trial conference, holding a trial if necessary, and a judgment being issued. There are a number of circumstances, unique to each case, that may delay, postpone, or even cancel portions of this process. For example, if a settlement is reached at the pre-trial conference, a trial will not be necessary.
When filing a Small Claims case, you need to be certain that you are suing the proper party. If you are suing a business, you should contact the Secretary of State Website at sunbiz.org to retrieve the information needed to have your summons served on the Registered Agent of the corporation or business. If you have any attachments to prove your claim, those attachments must be filed with the complaint in order to be included with the serve/return documents.
You cannot have a court hearing until the person or business you are suing is served. You must know the correct name of the person, business, or corporation you are suing, as well as their address and phone number, if possible. If the defendant is not served, you may attempt to serve again when you have located a new address.
When your case is filed, you will be given a pretrial conference date. All parties will be required to attend. If your defendant(s) is not served, your case will not go to court, and you will have to file a request for the Clerk to prepare a new summons for service.
Both parties (plaintiff and defendant) must appear in person unless permission is granted by the County Judge to appear by telephone. If the Plaintiff does not appear, the case will be dismissed. If the Defendant does not appear and the Plaintiff is present, a Default Judgment may be entered.
If the dispute cannot be settled at the pretrial conference, a trial date will be scheduled by the Court.
The presiding Judge will be the Judge and the Jury at the Trial.
You may bring witnesses to the Trial but not to the pretrial conference. If a witness will not appear and testify voluntarily, you may request the Clerk’s office to prepare and issue a subpoena.
There is a $2.00 service charge for the issuance of a subpoena, and the Sheriff charges a service fee of $40.00 to serve the subpoena (these fees are subject to change).
If you win the case, the judge will issue an order in your favor. Neither the Court nor the Clerk of Court will collect the judgment for you. You may want to contact an attorney for guidance on how to collect on a judgment or file a lien.
If you and the other party reach a settlement after opening a small claims case, the Clerk’s Office must be notified in writing that a settlement has been reached and that you no longer wish to pursue your case.
When the judgment is paid in full, you are required to furnish the defendant(s) with a Satisfaction of Judgment. A copy of the Satisfaction of Judgment should be furnished to the Clerk’s Office Civil Court Division.
The Satisfaction of Judgment must be signed in the presence of a notary. The Defendant(s) should then have the original Satisfaction of Judgment recorded in the Recording Department of the Clerk’s Office to remove any liens placed against him/her.
Frequently Asked Questions
- Past-due credit card debt
- Past-due rent
- Personal or business unpaid bills or obligations
- All civil actions that do not fall within the jurisdiction of the Circuit or County Court
The forms needed to file a small claim case are available at the County Civil Division at the Clerk’s Office. The “Statement of Claim” form is available at the Clerk’s Office.
If this form is signed outside of our office, it needs to be notarized. It can also be signed in the presence of a Deputy Clerk here at the Clerk’s Office. This form will tell the other party why you are suing and the amount of the claim.
You can have your summons (issued to you by the Clerk’s Office) served by the Sheriff’s Office or a private process server.
You cannot have a court hearing until the person or business you are suing is served. You must know the correct name of the person, business, or corporation you are suing as well as their address and phone number, if possible. If the defendant is not served, you may attempt service again when you have located a new address.
If you are suing a business, you should contact the Secretary of State Website at sunbiz.org to retrieve the information needed to have your summons served on the Registered Agent of the corporation or business.
- Sheriff’s Service Fee: The Sheriff’s service fee is $40.00 per defendant for Florida residents. Out-of-state Sheriff’s departments may charge a different fee. You are required to have a money order or business check made payable to the Sheriff of the County where the resident resides. For more information, please visit the Glades County Sheriff’s website at gladessheriff.org.
- Private Process Server: You will need to contact the process server of your choice to determine the cost of service. The Clerk’s Office cannot refer a process server to you. You can get a referral from the Florida Association of Professional Process Servers at fapps.org, which provides a “Find A Process Server” link on their website.