Introduction to Small Claims Court in Broward County
The small claims court in Broward County is part of the Florida county court system, designed to resolve minor disputes quickly and affordably. With a claim limit of $8,000 (excluding court fees and costs), small claims court handles cases like unpaid debts, property damage, and contractual disagreements.
This guide explains the process of filing a claim in Broward County small claims court, from eligibility to enforcing judgments.
1. What Is Small Claims Court in Broward County?
Small claims court provides an informal setting for resolving disputes involving smaller monetary amounts. It is designed for individuals and businesses to represent themselves, avoiding the need for an attorney.
2. Types of Cases Handled
Common types of cases include:
- Unpaid Debts: Loans, invoices, or service fees.
- Property Damage: Repair costs from accidents or negligence.
- Breach of Contract: Disputes over unfulfilled agreements.
- Landlord-Tenant Issues: Claims for unreturned security deposits or unpaid rent.
3. Eligibility for Small Claims Court in Broward County
To file a claim in Broward County:
- The claim amount must not exceed $8,000 (excluding court costs, interest, and attorney fees).
- The defendant must reside, work, or have a business in Broward County, or the dispute must have occurred there.
4. Steps to File a Small Claim in Broward County
Step 1: Complete the Necessary Forms
- Obtain the Statement of Claim Form from the Broward County Clerk of Courts office or website.
- Provide details about your claim, including:
- The amount sought.
- The reason for the claim.
- The defendant’s name, address, and contact information.
Step 2: File the Claim
- Submit the completed form in person or online at:
Broward County Central Courthouse
201 SE 6th Street, Fort Lauderdale, FL 33301 - Pay the filing fee (see section 5 for fee details).
Step 3: Serve the Defendant
Notify the defendant about the claim through service of process:
- Certified Mail: Handled by the court clerk, requiring a return receipt.
- Sheriff or Process Server: Delivered in person, with fees ranging from $40–$80.
5. Filing Fees
Filing fees in Broward County small claims court depend on the amount of your claim:
| Claim Amount | Filing Fee |
|---|---|
| Up to $100 | $55 |
| $101 to $500 | $80 |
| $501 to $2,500 | $175 |
| $2,501 to $8,000 | $300 |
6. Preparing for the Hearing
Gather Evidence
- Collect documents such as receipts, contracts, photos, and correspondence.
Organize Witnesses
- If applicable, arrange for witnesses who can support your case with firsthand information.
Practice Your Presentation
- Clearly explain your case and focus on the facts, avoiding emotional arguments.
7. What to Expect on the Court Date
On the hearing date:
- Check In: Arrive early and check in with the clerk.
- Present Your Case: Explain your side, submit evidence, and call witnesses.
- Defendant’s Turn: The defendant presents their case.
- Judge’s Questions: Answer any questions from the judge or magistrate.
- Judgment: The judge may issue a decision immediately or notify you later.
8. Collecting a Judgment
If the court rules in your favor and the defendant doesn’t pay voluntarily, you may need to:
- Garnish Wages: Request a court order to deduct payment from the defendant’s paycheck.
- Place a Lien: File a lien against the defendant’s property.
- Levy Bank Accounts: Use a writ of execution to collect funds directly from the defendant’s accounts.
9. Frequently Asked Questions
1. What is the maximum claim amount in Broward County small claims court?
The maximum claim amount is $8,000, excluding court fees and other costs.
2. Do I need an attorney for small claims court?
No, small claims court is designed for self-representation. However, you can consult an attorney for advice if needed.
3. How long does it take to resolve a small claim?
Most cases are resolved within 1–3 months, depending on court schedules.
4. Can I recover court fees if I win?
Yes, the court may include filing and service fees in the judgment awarded to the winning party.
5. What happens if the defendant doesn’t appear in court?
The judge may issue a default judgment in your favor if the defendant fails to appear.
6. Can I appeal a small claims court decision?
Yes, appeals must be filed within 30 days of the judgment and are heard in the Circuit Court.
10. Conclusion
The small claims court in Broward County offers an efficient way to resolve disputes involving smaller monetary amounts. By understanding the filing procedures, preparing your case thoroughly, and following the court’s rules, you can navigate the system confidently and achieve a fair resolution. Whether you’re addressing unpaid debts, property damage, or contract disputes, Broward County small claims court provides a straightforward path to justice.