Why You Don't Need an Attorney: Handling Small Claims in Florida

Navigating a small claim in Florida—defined as any dispute involving less than $8,000—can be straightforward and doesn’t always require hiring an attorney. Here’s how you can proceed:

  1. Document Your Case: Begin by outlining your story on paper or in a Word document. Describe the sequence of events chronologically, detailing what occurred from the past to the present. Include precise information such as names, addresses, phone numbers, emails, and relevant dates. Keep your narrative clear and factual, as if it were meant for a judge who has only a few minutes to understand the situation—imagine explaining it to a high school student.
  2. Prepare Your Paperwork: Print out two copies of your detailed description (one if for you to refer to at Court). Next, obtain the small claim form from your local courthouse or justice center – 73 West Flagler in Cenral Miami. You’ll also need the defendant’s name, address, phone number, and email if available. If the defendant is a business, look up their information on the Florida Secretary of State website at www.sunbiz.org.
  3. Complete the Claim Form: On the small claim form, you’ll find a section with blank for “Statement of Claim”. For this section, simply write “see attached” and attach the detailed statement you prepared earlier. Include any relevant receipts, documents showing payments, photographs and other pertinent evidence. Ensure these documents are on letter-size pages and easy to read. Remember, you must substantiate any claims with EVIDENCE—simply stating a payment was made won’t suffice; provide a bank statement or receipt.
  4. Filing Your Claim: Take your completed small claim form and supporting documents to the courthouse or justice center. The court clerk will process your filing and arrange to have a copy of the claim mailed to the defendant.
  5. Mediation Opportunity: After filing, you’ll receive a “pretrial notice” that includes a mediation date or a pretrial hearing. Take advantage of this free mediation session, where a neutral mediator will facilitate a discussion between you and the defendant. Mediation can often resolve disputes efficiently without the need for a formal trial, so you should try use it. Remember a real mediation cost a few $1000 so take this seriously and be nice to the mediator – they are trying to help.
  6. Preparing for Court: If mediation does not resolve the matter entirely, the mediator will inform the court, which will then schedule a hearing. This hearing, though informal in nature, requires you to dress appropriately and present your case professionally. Bring all your documents and be prepared to explain your side to the judge. The judge will listen to both parties and may ask questions to clarify details.
  7. Final Judgment: Following the hearing, the judge will issue a ruling, providing a resolution to your dispute. This concludes the small claims process, and you’ll have clarity on the court’s decision regarding your case.

By following these steps, you can effectively navigate a small claim in Florida without the need for legal representation. Remember, the small claims court is designed to be accessible and user-friendly, allowing individuals to resolve disputes quickly and economically. With careful preparation and adherence to procedural guidelines, you can assert your rights and seek a fair resolution to your dispute.

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