1. What Is the Florida Small Claims Statement of Claim Form?
The Statement of Claim Form is the official document used to initiate a small claims case in Florida. It provides details about the plaintiff, defendant, and the nature of the dispute, including the amount of money being claimed. This form is required to file a case in Florida’s County Court small claims division.
2. Who Should Use the Statement of Claim Form?
The form is appropriate for individuals or businesses seeking to resolve disputes involving amounts of up to $8,000 (excluding court fees and costs) in Florida small claims court. Common reasons for filing include:
- Unpaid debts.
- Breach of contract.
- Property damage.
- Security deposit disputes.
3. Where to Obtain the Statement of Claim Form
- Online: Download the form from the website of your local Florida County Clerk of Court.
- In Person: Visit the Clerk of Court in your county to obtain a paper copy.
- Examples: Forms are available on websites such as the Florida Courts website or your county court’s page.
4. How to Complete the Florida Statement of Claim Form
Step 1: Provide Plaintiff Information
- Your full name, address, and contact details.
Step 2: Provide Defendant Information
- The full name, address, and contact details of the person or business you are suing.
- If the defendant is a business, include its legal name and registered agent.
Step 3: State the Claim Amount
- Specify the exact dollar amount you are seeking, including the principal and any allowable interest.
Step 4: Describe the Reason for the Claim
- Provide a brief and clear explanation of the dispute, such as unpaid rent, a broken contract, or property damage.
Step 5: Include Supporting Details
- Attach any relevant documentation, such as receipts, contracts, or photos.
Step 6: Sign the Form
- Sign and date the form under oath, affirming that the information provided is accurate to the best of your knowledge.
5. Filing the Statement of Claim in Florida
Step 1: File the Form with the Clerk of Court
- Submit the completed form to the Clerk of Court in the county where:
- The defendant resides.
- The transaction or incident occurred.
Step 2: Pay the Filing Fee
- Filing fees vary based on the claim amount:
| Claim Amount | Filing Fee |
|---|---|
| Up to $100 | $55 |
| $101–$500 | $80 |
| $501–$2,500 | $175 |
| $2,501–$8,000 | $300 |
Step 3: Serve the Defendant
- The defendant must be notified of the lawsuit. Common service methods include:
- Certified Mail: Handled by the court for a fee.
- Sheriff’s Service: Delivered by the local sheriff’s office (costs vary by county).
- Private Process Server: Fees depend on the provider.
6. What Happens Next?
- Defendant’s Response: The defendant can file a response or appear in court.
- Pre-Trial Hearing: Most cases begin with a pre-trial conference where both parties attempt to resolve the dispute.
- Trial: If no agreement is reached, the case proceeds to a trial before a judge.
7. Tips for Filing a Successful Statement of Claim
- Accurate Information: Double-check the names, addresses, and claim details.
- Provide Evidence: Attach all relevant documents to strengthen your case.
- Adhere to Deadlines: File within Florida’s statute of limitations, typically:
- 4 years for written or oral contracts.
- 4 years for property damage.
Frequently Asked Questions (FAQs)
1. Can I file the statement of claim form online in Florida?
Some counties allow online filing through their e-filing portals. Check with your local Clerk of Court.
2. Do I need a lawyer to file a statement of claim?
No, small claims court is designed for self-representation. However, you may consult a lawyer for advice.
3. What if I don’t know the defendant’s address?
You must make reasonable efforts to locate the defendant. If unsuccessful, consult the court for alternative service options.
4. Can I amend the statement of claim after filing?
Yes, you can file an amended claim, but additional fees may apply.
5. How long does the process take?
Most small claims cases in Florida are resolved within 1–3 months, depending on the court’s schedule.
6. What if the defendant doesn’t respond?
The court may issue a default judgment in your favor if the defendant fails to respond or appear.
Conclusion
The Florida small claims statement of claim form is an essential document for initiating disputes involving amounts up to $8,000. By following the steps above, preparing thorough documentation, and adhering to court rules, you can navigate the process with confidence. For more information or to download forms, visit the Florida Courts website or contact your local Clerk of Court.