1. What Is a Statement of Claim Form in Florida Small Claims Court?
The Statement of Claim Form is the primary document required to file a small claims case in Florida. It outlines the details of your claim, including the amount sought and the reasons for filing. This form is submitted to the Clerk of Court to officially initiate your case.
2. Information Required on the Statement of Claim Form
To complete the Statement of Claim Form, you must provide the following details:
Plaintiff Information:
- Full name, address, and contact information.
- Business name (if applicable).
Defendant Information:
- Full name, address, and contact details of the person or business you are suing.
Claim Details:
- The amount of money you are claiming.
- A concise description of the reason for the claim, including dates and key facts.
Supporting Documents (Optional but Recommended):
- Attach copies of contracts, receipts, invoices, emails, or photos that support your claim.
3. Where to Obtain the Statement of Claim Form
- Online: Visit your local county court’s website to download the form. Most Clerk of Court websites in Florida offer downloadable small claims forms.
- In-Person: Obtain the form directly from your county’s Clerk of Court office.
4. How to Fill Out the Statement of Claim Form
Follow these steps to complete the form:
Step 1: Identify the Court
- At the top of the form, write the name of the county court where you are filing the claim (e.g., Miami-Dade County Court).
Step 2: Provide Plaintiff and Defendant Information
- Enter your name and address as the plaintiff.
- Provide the full legal name and address of the defendant.
Step 3: Describe the Claim
- Clearly state why you are filing the claim. Example:
“The defendant owes $2,500 for unpaid invoices for services provided on March 1, 2023. Despite multiple payment requests, the defendant has not paid.”
Step 4: Specify the Amount Claimed
- Write the total amount you are seeking, including:
- Principal amount owed.
- Interest, if applicable.
- Filing and service fees (if you wish to include them).
Step 5: Attach Supporting Evidence
- Include copies of relevant documents such as receipts, invoices, or photos. These will strengthen your case.
5. Filing the Statement of Claim Form
Step 1: Submit the Form to the Clerk of Court
- File the completed form at the Clerk of Court office in the county where:
- The defendant lives or works.
- The dispute 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
- Arrange for the defendant to be served with the Statement of Claim and a Summons.
- Service can be completed via:
- Certified mail (arranged by the court).
- Personal service by a sheriff or private process server.
6. Tips for Filing the Statement of Claim Form
- Be Specific: Clearly outline the facts of the dispute and the amount claimed.
- Check for Accuracy: Ensure all information, including names and addresses, is correct.
- Include Evidence: Attach any supporting documents to strengthen your case.
- File in the Correct County: Double-check jurisdiction rules to ensure you are filing in the right location.
- Meet Deadlines: File your claim within the statute of limitations (usually 4–5 years in Florida, depending on the case).
7. Frequently Asked Questions
Q1: Can I file the Statement of Claim online?
Some Florida counties offer e-filing options for small claims cases. Check with your local Clerk of Court for availability.
Q2: What happens if I fill out the form incorrectly?
Errors can delay your case. Double-check your form before filing or consult the Clerk of Court for guidance.
Q3: Can I include court costs in my claim?
Yes, you can add filing fees and service costs to your total claim amount.
Q4: Do I need a lawyer to file a Statement of Claim?
No, Small Claims Court is designed for self-representation. However, consulting a lawyer may be helpful for complex cases.
Q5: What if the defendant doesn’t respond to the claim?
If the defendant fails to appear or respond, you can request a default judgment in your favor.
8. Contact Information for Florida Clerk of Court Offices
Visit the Florida Courts Website to find your local Clerk of Court’s contact details and filing instructions.
9. Conclusion
The Statement of Claim Form is the first step in pursuing a small claims case in Florida. By completing the form accurately and following the proper filing procedures, you can effectively initiate your case and work toward resolving your dispute.