Miami Dade Small Claims Court Filing Fee
Small Claims Court Small claims actions can only be brought in the district where the defendant resides, where the cause of action arose, or where the property in question is located. Before you consider filing a small claims lawsuit, you should first try to tell the other party exactly what is in dispute. It`s a good idea to send a letter that clearly states your complaint. You may be able to solve the problem without going to court. A lawsuit should be your last resort to resolve civil litigation. The filing of a claim of up to $5,000, excluding costs, interest and attorneys` fees, may be filed with the Miami-Dade County Clerk`s Office as a small claims claim under Rule 7.010 of the Florida Court Rules and Chapter 34 of the Statutes of Florida. Service on defendant Once you decide to sue, you (or your lawyer) cannot sue until the defendant has been served. Make sure you have the full name of the person you want to sue and an address on which that person can be served. When you sue a business, you need to know if it is registered or not.
If you are suing a corporation, you must have the full name under which the corporation was formed, as well as the name and address of an officer or registered representative of the corporation. This information can be obtained from the Florida Department of State, Division of Corporations, at 850-245-6052 or from their website at www.sunbiz.org. If the business you are suing is unincorporated, you can obtain the correct business name, as well as the owner`s full name and address, by calling the Miami-Dade County Office of Professional Licensing at 305-270-4949. Company with a fictitious name The company you are suing may use a name other than the owner`s name, called a fictitious name. This information, along with the name and address of the person who owns the company, must be registered with the Florida Department of State, Division of Corporations, and may be requested by contacting them at 850-245-6058 or through their website as www.sunbiz.org. Costs and fees The cost of filing a small claims claim includes the filing fee, based on the amount of your claim, as well as a service fee to summon each party to court. If a final judgment is rendered in your favour as a result of your claim, these costs may be added to the total amount of your judgment. There are two methods you can use to summon the other party or parties to court: • Miami PSPI, LLC can serve the subpoena and a copy of your lawsuit on a defendant for a fee.
• When you are ready to file your file, bring all information and documents related to your claim to one of the filing locations. If the complaint is based on a written document, a copy must be attached to your formal statement of claim. An assistant clerk supports you at the storage location. You will need to fill out an information sheet with the details of your claim. You should be aware that the case worker cannot provide legal advice. Pre-trial and trial dates Once your application has been processed, you will be assigned a pre-trial date and you will be notified of the date by mail at that time or later. If you do not show up for your preliminary hearing, your case may be dismissed. If the defendant does not appear, the judge may declare a time limit. At the preliminary hearing, bring all the documents that will help you prove your case, but do not bring witnesses with you. This is an opportunity for you to appear before the judge with the defendant(s) and try to settle your case without a trial. Your case may be referred to a mediator.
If no agreement is reached at the preliminary hearing, a hearing date will be set for you. It is your responsibility to subpoena witnesses to prove your case. An assistant clerk at the storage site will assist you. If the judge makes a decision in your favour, you will receive a final judgment in the mail or be instructed to receive a final judgment form to submit to the judge for signature. Final judgment A final judgment is a legal document that states that one party is entitled to damages of a certain amount from another party. The amount awarded bears interest until the execution of the final judgment. At any time during this process, the defendant can pay you and settle the claim. However, obtaining a judgment against a party is NOT the same as collecting that judgment.
Post-judgement court proceedings are often required before each investigation. It may be necessary to retain a lawyer to assist you in post-judgment proceedings. Consumer Services The Miami-Dade Department of Consumer Services hosts free hands-on sessions each month through small claims court in a different location. These sessions are designed to teach consumers about the preparation process and what to expect. A complete set of model law forms is provided. All clinics are free and open to the public. Reservations are not required. For more information about Small Claims Court clinics, contact the Miami-Dade Consumer Helpline at 305-375-3677.
Visit their website for dates, times and locations of clinics. You can also read about small claims on the Miami-Dade Department of Consumer Services website.
