County Civil & Small Claims

• Individual: Full name, address and telephone number (parent/guardian must bring suit if not over 18 years old)
• Partnership: Each partner's full name and business name, address and telephone number
• Corporation: Full legal name and d/b/a, if any, registered agent or president's name. Information for partnership and corporation may be found by checking occupational licenses in the county or city where the business is located, or through the Secretary of State, Division of Corporations online Document Searches or by calling 800-755-5111. You also must list the registered agent's address for service of process.
• Company: Full name of owner and company (John Smith d/b/a ZYX Company), address and telephone number.
• Insurance Company: The EXACT name of the insurance company is needed. Claims against an insurance company must be served through the Insurance Commissioner's Office. The charge is $15.

When filing a claim based upon a written document or contract, a copy must be furnished for the file and one for each defendant at the time of filing. If at any time during the proceedings a settlement is reached between the parties, you should notify the Clerk's office immediately. You must advise the Clerk, in writing, of any change in your mailing address.

Each defendant named as a party to the suit must be served. Service may be made by either Sheriff's office, private process server, or, if the defendant resides in the State of Florida, by certified mail. If the certified letter is not claimed by the defendant, it will be returned to the Clerk's office and the plaintiff will be notified. If the certified letter is returned, and Sheriff's office is desired, the fee for Sheriff will be required.

If you have a defendant outside the State of Florida, you must determine the county, state, and address where the defendant is located, the sheriff's fee to serve the summons, and the sheriff's address within that county and state. You also need to inquire whether the Sheriff has any other special instructions. If they do, you must let the Clerk know what they are.

The law gives the person or company filing the lawsuit the right to file suit in any of several places as listed below. However, if the defendant has been sued in any place other than one of these places, the defendant has the right to request that the case be moved to a proper location or venue. A proper location or venue may be one of the following:

• Where the contract was entered into.
• If suit is on an unsecured promissory note, where the note is signed or where the maker resides.
• If the suit is to recover property, where the property is located.
• Where the event giving rise to the suit occurred.
• Where anyone or more of the defendants sued resides.
• Any location agreed to in a contract.

On the day of pre-trial conference, both the plaintiff and defendant must appear. Please do not bring your witness(es) to the pre-trial conference. If the plaintiff does not appear, the case may be dismissed. If the defendant does not appear (after being properly served) a default will be entered. If both parties appear and the case cannot be resolved through mediation or at the pre-trial conference, your case will be scheduled for trial. It is important to appear early for your hearing. Court begins promptly at the time assigned to your case.

Mediation is an informal process whereby a neutral third party acts to encourage and assist in resolving a dispute, without prescribing what it should be, with the objective of helping the parties reach a mutually acceptable agreement.

If the case is set for trial, you must appear on the date and time specified with your evidence, witnesses and whatever you feel is necessary to prove your claim. Affidavits from witnesses cannot be accepted. At the hearing, the judge will listen to both sides, reviewing the evidence and proof provided in order to make a decision. If the judge has to research a point of law, the decision may be delayed. However, the parties will receive a copy of the written decision when it is final.

You can obtain a judgment lien against all of the defendants personal property located anywhere in the State of Florida by filing a judgment lien certificate with the Department of State. A judgment lien lapses after five years. If there are liens ahead of yours, as those liens lapse, yours will move to the top. After five years, you can file again and obtain another judgment lien, but if others have filed after your first filing, those liens will be ahead of yours. To get the proper form, you can either download the form from the Department of State or call its Division of Corporation, Judgment Liens Section at 850-656-7463.

Fifteen days after entry of a final judgment, you may obtain a writ of execution from the Clerk's office. Deliver this writ to the Sheriff of the county in which the defendant lives or property (real or personal) is located. You must also give the Sheriff written instructions, called Instructions for Levy, which describe the property to be levied on and its location. In order to get the Sheriff to levy upon the defendant's property, you must first locate it. The Sheriff will require you to pay a cost deposit. Before the property can be levied upon, you must check the Department of State to see if there are any judgment liens filed under the name of the defendant.

You must also check for creditors who have filed UCC security interests in the name of the defendant at Department of State. You must notify all of these people of the time and date of the sale. You will then give the Sheriff a signed affidavit, on which you must provide the information contained in the judgment lien certificates filed against the defendant. Once the notices have been sent, the sale must be properly advertised in a local newspaper. The Sheriff can then sell the property at public auction to the highest bidder. Money received from the sale will be paid out first to the Sheriff to pay costs (if the sale price covers costs, your deposit will be returned to you); second the Sheriff pays you $500; and third, if anyone obtained a judgment lien before you did, the Sheriff pays that person before paying you. If any funds are left after paying any judgment liens recorded with the State ahead of yours, those funds will be paid to you. If you previously docketed a writ of execution with the Sheriff, you must file a judgment lien certificate with the state before Oct. 1, 2003 in order to hold that place in line.

If you know of any third person, such as an employer, mortgagor or bank (where the defendant has money deposited), who may owe the defendant any money, you may secure from the Clerk a writ of garnishment against such third party. If the court finds that your judgment is still in effect and unsatisfied, the court will order such third person holding the money or property due the defendant to pay the same to you. The charge for the writ of garnishment is $85 (plus Sheriff service fee). This amount may be added to the amount of your final judgment..

The judge, at the request of the judgment creditor, shall order a judgment debtor to appear at a hearing in aid of execution at a scheduled time 30 or more days from the date of the entry of a judgment for the purpose of inquiring of the judgment debtors under oath as to earnings, financial status and any assets available in excess of exemptions to be applied towards satisfaction of judgment. Small Claims Rule 7.221. The cost is a reopen fee of $25.00 for cases less than $500.00 and $50.00 for cases in excess of $500.00 (reopen fee required only if ninety days have expired since the entry of the judgment) and $40.00 per Defendant for sheriff’s service.