Small claims litigation within our jurisdiction of Florida is a court case aimed at resolving differences with relatively lesser sums of money. Usually, not more than the maximum of $8,000.
The small claims litigation hears the cases. It forms part of the Florida County Court System.
A small claims lawyer can boost your chances of a positive outcome by ensuring your case is thoroughly prepared.
Here at Jenkins Law, our lawyers can help you with the right legal advice and services required to file or pursue your recovery claim. Our law firm has represented clients in legal cases in St. Petersburg, Florida.
Florida Small Claims Courts: Most Common Disputes Giving Rise to Small Claims
Small claims litigation was designed as a simple and informal means of resolving disputes between individuals and organizations to end their disputes without resort to time-consuming and expensive litigation. It can be subject matter of small claims actions in the following categories of cases, i.e., but not limited to:
- Unpaid debts: Loan to lender for services rendered or products sold.
- Property Damage: Conflicts regarding damage to real property or personal property.
- Breach of contract: Neglect to act as per the terms of an oral or written contract.
- Landlord/tenant issues: Conflicts regarding security deposit, non-payment of rent, or damage to property by a tenant.
- Consumer complaints: Grievances about defective products, services, or warranty disputes.
- Personal Injury: Minor injury claims arising from an accident or negligence.
- Mechanic’s Liens: Claims for materials and labor not paid on construction projects.
- Promissory Notes: Money lent and repaid with a written guarantee.
- Unreturned Property: Claims for rented or borrowed items that are still not returned, or stolen items, or money.
- Small Business disputes: Disputes among small businesses, like vendor disputes, partnership disputes, or disagreements.
- Neighbor disputes: Neighbour conflicts like boundary issues or disturbances caused by noise.
Small claims are used in other matters not discussed above. Our lawyers can guide you on how best to handle your dispute.
What is the Small Claims Process?
You can only file a small claims action within your county where you live, where the controversy arose, or where the property is located. Out of sheer time and frustration, you should attempt to resolve the controversy out of court using letters and negotiations.
Small claims litigation is for up to $8,000. Excludes court costs, interest, and attorney fees. You, the claimant, have to file with the court a Statement of Claim and a filing fee to continue a small claim proceeding. The court gives the plaintiff (claimant) a statement of claim form and a summons. The court notifies the defendant of the proceeding and warns of what to do next.
Both of you can represent yourselves in small claims court. You can, however, hire an attorney to represent you if you wish to do so. You can start with a pretrial hearing where the judge will try to mediate. The case will go to trial if there is no agreement between the parties. A judge will then hear both sides of the case and decide. The court will dismiss your case if you don’t show up. If the party suing fails to appear, the judge may enter a default judgment.
The Court Will Issue a Final Judgment
If your judge decides in your favor. You can recover damages and interest against the opposing party. You may need to take further action after a judgment to recover what you’re owed. Our staff gladly offers advice and representation throughout the process. This entails filing documents, court appearances, and the post-judgment process.
Why Hire Jenkins Law PL for Your Small Claims Requirements?
Our firm provides a range of advantages to customers looking for small claims cases, though not mandatory. Our firm is able to help you navigate through any policies or legislations that may impact your case. We will assist you in getting evidence, preparing papers, crafting effective arguments, discovering flaws in your case or the opposing party’s case, negotiating a settlement with the opposing party to obtain a desired outcome short of trial, and guiding you as to how to do this.
You can save time and frustration along the way with the above guidance. It will allow you to pay attention to other important things in your day-to-day routine. You are charged with a compromise between returns and costs, particularly where cases of very low claims come in. We can guide you on the financial aspect of your case using a free consultation.
Bottom Line!
Don’t let the hassle of court visits, legal documents, and confusing procedures overwhelm you. Jenkins Law PL has experienced litigators on your side to lead you through the small claims litigation efficiently and successfully. Unpaid bills, property damage, breach of contract – we’re ready to fight for your best outcome.
Call us today for a complimentary consultation and let’s get started taking action to resolve your dispute with confidence.
