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Small Claims Court Guide

The Guide To Florida's Small Claims Court Procedures

Neil H. Butler, Esquire
Deborah E. Lawson, CLA

Topics Covered In The Guide
First Chapter & Overview
How To Order The Guide

Every four years, the Florida Supreme Court reviews all of the rules that govern the court procedures. This review includes the Florida Small Claims Rules. In 1996, the Florida Chapters of the National Association of Credit Management proposed a change in the Small Claims Rules to raise the jurisdictional limit for small claims cases from $2500 to $5000.

Although this proposal was opposed by the Small Claims Rules Committee of The Florida Bar, on October 10, 1996, the Florida Supreme Court adopted the NACM proposal. This change became effective on January 1, 1997.

As a result of this change, many businesses will now be handling more of their collection cases without the use of an attorney. Because of this increase in case load, the Florida Chapters of NACM have undertaken to prepare this GUIDE TO FLORIDA SMALL CLAIMS COURT PROCEDURES. NACM hopes that this GUIDE will increase the number of members who will take advantage of this change.

This GUIDE is designed to be both a training manual for the less experienced credit person and a reference book for the more experienced credit veteran. In either case, as the judge gains confidence in your knowledge of the Small Claims Court Rules, you will become more effective in obtaining good results for your company. We hope you find that this GUIDE serves that purpose.

Topics Covered In The Guide

ONE: AN OVERVIEW OF THE SMALL CLAIMS COURT PROCEDURES

TWO: HOW TO START A SMALL CLAIMS COURT CASE

  • Filing The Statement Of Claim In The Correct County
  • Selecting The Parties To Sue
  • Preparing The Statement Of Claim
  • Statement Of Claim For Goods Sold
  • Statement Of Claim On A Promissory Note
  • Issuance Of The Summons
  • Service Of The Statement Of Claim and Summons

THREE: DEFENSES THAT MAY BE RAISED IN A SMALL CLAIMS COURT CASE

FOUR: THE PRETRIAL CONFERENCE

  • Preparation For The Pretrial Conference
  • Conducting The Pretrial Conference

FIVE: MEDIATION

SIX: THE FINAL HEARING

  • Preparation For The Final Hearing
  • Conducting The Final Hearing
  • Final Judgments

SEVEN: COLLECTING A SMALL CLAIMS COURT JUDGMENT

  • How To Find Assets To Satisfy A Judgment in Florida
  • How To Gain Control Of The Judgment Debtor's Assets

APPENDIX: FLORIDA SMALL CLAIMS RULES

Small Claims Court Chapter 1