Statement Of Claim

A statement of claim form should be used when a person wants to sue another person or business for an amount under $8,000.00, excluding costs, interest, and attorney fees.

COMPLETING THE STATEMENT OF CLAIM

  • The statement of claim should be typed or printed in black ink.
  • Make certain you file your claim against the right party.
  • Copies of contracts, notes, leases, receipts, or other evidence in support of your claim must be attached to your statement of claim, and copied to each person sued and the court. The originals must be brought to the first court appearance. You should provide a full explanation of the reason for your action.
  • If someone other than an individual is sued, additional information is needed to complete the form. For example, you should address whether the individual doing business as a company, a partnership where there are several people doing business as a company, or corporation.

FILING THE STATEMENT OF CLAIM

The completed original statement of claim must be filed with the Clerk's Office, 301 South Monroe Street, Suite 100, Tallahassee, FL 32301. You should bring an additional copy of the Statement of Claim and attachments for each defendant being sued, and keep a copy for your records.

Our office will notarize signatures for a fee, collect the appropriate filing fee, and assign a case number and judge to the action. If you cannot afford to pay the filing fee, you must complete an Application for Determination of Civil Indigent Status and file it with the complaint. If you are found indigent, the filing fees will be waived.

Click here to view and/or print a checklist of documents that are required to file a Small Claims case.

ISSUANCE OF SUMMONS AND SERVICE

After the filing of a small claims case, each person or business sued must be served with a summons/ notice to appear in court for a pretrial conference. Two copies of the summons/notice to Appear must be provided for issuance for each defendant being sued. There is a charge for the Clerk's Office to prepare the summons and to provide the copies.

The summons/notice to appear must be served, along with a copy of the claim by a certified process server, which can be the Sheriff's Office or a process server of your choice. Service of process on Florida residents only may also be effected by certified mail - return receipt signed by the defendant, or someone authorized to receive mail at the residence or principal place of business of the defendant. Either our office or an attorney of record may send the certified mail; if our office mails it, the party must pay for postage in addition to filing and summons fees.

PRETRIAL CONFERENCE

At the pretrial conference, mediation is ordered if both parties to the dispute are present and unable to settle their dispute. A mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. Mediation is an informal and non-adversarial process meant to help the parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties.

MEDIATION

  • Mediation is economical.
  • Both parties view settlement as fair.
  • There is one court meeting.
  • There is no need to subpoena evidence or witnesses and depend on their presence at trial.
  • There is no extensive trial preparation.
  • Mediation preserves personal and business relationships.
  • It allows debtors to arrange repayment plans, avoid a judgment, and preserve credit reputation.
  • Mediation protects privacy and avoids the publicity of trial.
  • Both parties remain in control and participate in a "win-win" solution.
  • The agreement is final and the dispute resolved.

TRIAL

If the dispute cannot be settled at the pretrial conference, the court will schedule a trial date. The parties must appear at the trial with all witnesses and documentation. At the trial, both parties will have an opportunity to explain the case to the judge, ask the other party any questions concerning the claim, present documentation as discussed at the pre-trial conference, and call witnesses.

A trial by jury may be requested by the person who filed the case, upon written demand at the time the case is filed. The person being sued may request a jury trial within 5 days after service of the summons/ notice to appear or at the pretrial conference.

SETTLEMENT

If the parties reach a settlement at any time during the proceedings, the person who filed suit must notify the Clerk's Office in writing of the settlement.

ENFORCEMENT OF FINAL JUDGMENT

A final judgment in the case does not mean that the defendant will automatically pay the amount due under the judgment. While there may have been a settlement of the debt, enforcement of the judgment is the responsibility of the person who filed the suit. While Florida law prohibits the Clerk's Office from offering advice about how to enforce the judgment, we offer this information to assist.

NOTICE OF DISMISSAL

If your case is settled without the need to file a settlement agreement, you need to file a Notice of Dismissal. This will eliminate the Court to notice you at a later date to dispose of your case that was never properly settled by the filing of a Notice of Dismissal.

Click here to download a blank Statement of Claim form and Summons/Notice to Appear for Pretrial Conference form.