Handout - Clearwater Bar Association

An Overview of Small Claims Court
A Small Claims case is a legal action filed in county court involving legal disputes between two
or more parties where the dollar amount is five-thousand dollars ($5,000) or less, excluding
costs, interest and attorney fees.
Pinellas County uses a two-hearing procedure which includes
1.
Pre-trial conference and
2.
Final hearing, if required.
Small Claims court is considered ‘The People’s Court’ therefore, a lawyer is not required. But if
there are complex issues involved or you have legal questions about your case, you may want to
seek legal advice from an attorney.
Filing Your Case
Some common situations that may fall under a Small Claims case are;
 Auto Accidents,
 Bad Checks,
 Breach of Contract Agreements,
 Money Loaned,
 Unpaid Rent,
 Property Damage,
 Security Deposit Refunds and
 Recovery of Personal Property.
To file your claim, you will need to complete a ‘Statement of Claim’ form. These one page
forms are available at any of the four Clerk’s offices in Pinellas County OR the form is available
for free on the Clerk’s website at www.pinellasclerk.org. Each named plaintiff must sign the
Statement of Claim.
When filling out your statement of claim form it is extremely important to have the correct
names of all persons or companies involved. Having the wrong name can cause delays in the
processing of your case and the judgment you receive may be worthless and uncollectible.
If you need to find out information on a corporation or other entity, records may be researched
online at www.sunbiz.org or you can call the Secretary of State at 850-488-9000.
Attachments to the Statement of Claim
If your claim is based on a written document, a copy of it should be attached to the ‘statement of
claim’ form. At this time you should not file additional items such as photos or notarized
statements that you want to introduce into evidence. You should save these particular items to
bring to the pre-trial conference or the final hearing.
Filing Fees
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After you have successfully completed your ‘statement of claim’ form with the correct names, all
the plaintiff’s signatures and your phone number, you can file the form either by mail or in
person at the Clerk’s office.
There is a filing fee to be paid to the Clerk of Court at the time you submit your form. It is a
sliding scale based upon how much you are suing for.
Service
When filing your case you will also need to decide how you want to serve the other party with a
summons or notice to appear. A summons can be sent by certified mail by the Clerk’s office or
served in person by a Sheriff’s Deputy or a private process server. Fees vary according to the
method chosen. Certified mail is significantly less expensive and is a common manner of service
in Small Claims.
If you choose to serve by certified mail, the additional fees will be added to your filing fees and
the Clerk of the Court will mail copies of the ‘statement of claim’ to the affected parties.
However, your summons is not considered served until the Clerk receives the signed, certified
return receipt. Certified mail may be used more than once to serve a summons. Certified mail
service cannot be used as method of service outside the state of Florida. However, a post office
box, if it is within the state of Florida, can be used to serve via certified mail.
Pre Trial Conference
Once your case is successfully filed with the court, you will receive a notice in the mail with
your pre-trial hearing date and time. The pre-trial conference will be set within 50 days of filing,
usually within 3 to 4 weeks. You will be sent by mail your pre-trial date and time within 7 days
of filing. If you have a schedule conflict, requesting another pre-trial date must be done in
writing. A telephone call is not sufficient. Your case number and signature must be on the
request.
The defendant, that is the person the case is filed against, will receive their notice of the pre-trial
conference by certified mail, a deputy sheriff, or process server depending on how it was filed.
The notice will indicate the date, time, and location you need to appear for your hearing. Small
claims hearings are conducted only at 2 locations in the county: 501 First Avenue North in St.
Petersburg or 324 South Fort Harrison Avenue in Clearwater.
It’s very important to show up at the pretrial hearing. If you are the plaintiff and you do not
appear at the pretrial hearing your case may be dismissed.
If the defendant does not appear at the pretrial hearing, and has been successfully served, the
hearing officer will make a recommendation as to the outcome of the case.
If the defendant does not appear because they have not been successfully served, the pretrial
hearing will be continued, or rescheduled, so that the defendant can be served.
You can check by calling the clerk or looking on the clerk’s website or your private server to see
if the defendant has been served.
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To check the docket for the latest action on your case:
go to www.pinellasclerk.org.
You can select the tab to Search Records and you can enter your case information. This
brings up civil/small claims docket viewing screen (looks like a table of contents of the
documents that have been filed in your case) where you can find the status of the case and
docket information.
It is important for you to show up for your pretrial hearing even if you are not sure the defendant
was served. If the defendant is not served, your pretrial hearing will need to be rescheduled.
Should it become necessary to serve the defendant a second or third time, it will be your
responsibility to follow up and contact the clerk’s office in writing to request issuance of an alias
(second) summons or pluries (third or subsequent) summons with a new pretrial hearing date and
time.
At the Pre-Trial Conference… (NOT A TRIAL)
Your pretrial hearing will be heard by a hearing officer. You will not present your case to a
judge during a pre-trial conference. There is a judge on duty to hear issues such as a Motion to
Dismiss, if one has been filed and properly served. Motions are generally heard at the pre-trial
stage. A hearing officer is an attorney that has been appointed by the chief judge to oversee
hearings and make recommendations to the judge. A hearing officer should be addressed with
the same respect as a judge.
When you enter the courtroom you may be asked to state your name so that the court clerk,
bailiff, and hearing officer know you have arrived. If you bring in a cell phone please turn it off
and do not chew gum.
Pre-trial conferences are set on a mass motion calendar (aka cattle call). There are many cases
set for each court calendar, therefore you may not be called exactly at the time you were
scheduled to appear. When it’s your turn, you may be called upon to stand in front of the
hearing officer and answer some questions prior to, and after going to mediation, so be prepared
to speak in front of others.
Only you or your attorney will be allowed to speak on your behalf at the pretrial hearing. You
should not schedule other activities after your pretrial hearing that would require you to leave at
a specific time. There are many factors that may extend the time you are required to stay.
It may be helpful to bring the documents you have to support your claim such as receipts, proof
of payment, contracts, photos, or the item itself if it is a question of who is entitled to possession.
However, affidavits of others, even if notarized, will not be addressed by the court. There is no
need to bring witnesses to a pre-trial conference.
Mediation
Mediation is a “process whereby a neutral third person called a mediator acts to encourage and
facilitate the resolution of a dispute between two or more parties.” It is an informal and non3
adversarial process with the objective of helping the disputing parties reach a mutually
acceptable and voluntary agreement. Most Small Claims cases are resolved through Stipulation
or Failure to Appear.
In mediation, decision- making authority rests with the parties. The mediator is there to assist the
parties in identifying issues, fostering joint problem solving and exploring settlement
alternatives. The mediator does not make a decision for the parties. The mediator has no
decision-making power. Any agreement reached will be by mutual consent of the parties.
At the pretrial phase of your case, if all parties are present, you will be directed to mediation by
the hearing officer. The mediator will take both parties to a private conference room. No one
else is permitted to attend the mediation unless all parties agree.
Mediation will be provided at no cost to either party.
After introductions and a brief opening statement that defines the mediation process, the
mediator will set some ground rules for the conference. The ground rules typically include: speak
civilly to each party and the mediator, and do not interrupt when another party or the mediator is
speaking.
The mediator will allow both parties to fully discuss their issues, and what is most important to
them in terms of their interests and settling the case. It’s a meaningful opportunity to discuss the
issues because much of what is important may not be heard or considered by the judge. The
confidentiality of mediation, except as provided by law, encourages the parties to speak freely.
The mediator may decide to “caucus” which is also known as “shuttle mediation”. This is a
technique in mediation where the mediator speaks to each party privately and confidentially,
unless the party indicates that it is acceptable to divulge the information to the other party.
If you reach an agreement, the mediator will typically utilize a “stipulation to stay entry of
judgment” form. This form will detail the terms of the agreement. Both parties will be asked to
sign the form. The mediator will then ask the parties to return to the court room for the hearing
officer to review the agreement for accuracy.
You may be asked to wait in the courtroom while the mediator takes the form to the duty judge
for signature. Each party will receive a copy of the agreement.
If both parties in mediation agree to dismiss the case, a simple voluntary dismissal form can be
completed and submitted to the court to complete this agreement.
Parties in mediation may agree to continue the case for various reasons. They may be close to
settling, want to add another party, need time to obtain additional information and share it with
the other party, etc. The mediator will let the hearing officer know your decision. The hearing
officer may need to ask the parties some questions to clarify the type of continuance and length
of time it needs to be continued on the courts calendar.
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If you do not reach an agreement in mediation or the parties refuse to mediate and the case is
proceeding to trial, the hearing officer will explain the basic rules to prepare for trial, and
questions regarding evidence and witnesses for the notice of trial. The parties will schedule their
trial, date, time, and amount of time reserved, at this time with a judge.
Trial
If there is going to be a trial, each party has 10 days to provide their documents to the court and
the other party. Each party must bring a copy to the other party and to the Judge for the hearing
even if the evidence has been previously filed. Keep in mind that anything that is sent to the
court must also be sent to the other side and this should be clear to the court. It is important that
there is no risk of ex-parte communication.
It may be helpful to bring documents relating to your case such as receipts, contracts, invoices,
photographs, law enforcement reports, and promissory notes.
Statements, commonly called affidavits, are not permitted as evidence. Alternatively these
individuals can appear in court as your witness or you can request that they be allowed to appear
telephonically if the other party does not object.
Witnesses can be subpoenaed for the trial through the Clerk’s office and this generally takes 1014 days. A trial by jury may be requested by the plaintiff upon written demand when the case is
filed or by the defendant within 5 days after service of Notice to Appear at pre-trial.
At the trial you will have an opportunity to explain your case to the judge, ask the person(s) you
are suing any questions concerning your claim, present your documentation as discussed at the
pre-trial conference and call on your witnesses to help explain your case.
If "A Stipulation to Stay Entry of Judgment" was entered into at the pretrial, often as a result of a
mediated agreement, but the defendants have not complied with it, in order to get a judgment: An
Affidavit of Balance Due is needed, this is a sworn (notarized) statement, per paragraph 2 of the
Stipulation stating what is left due and owing. The amount cannot exceed the amount of the
Stipulation. After you file the Affidavit of Balance Due, the Clerk prepares the Final judgment
and sends it to the Judge for signature. Copies will be mailed to both parties. Generally, no
additional hearing is necessary.
Collection of a Debt
The court does not collect money damages for you. A judgment lien can be placed against the
defendant's name by sending a written request to the Clerk of the Circuit Court to record a
certified copy of your Judgment as a Judgment Lien.
With all Final Judgments, the Clerk includes a Fact Information Sheet to be completed by the
defendant, which requests information that would be helpful to a plaintiff trying to collect on the
judgment.
In addition to a judgment lien against real or personal property, a creditor can pursue
Garnishment of the debtor’s wages, money, or property. Garnishment involves the taking of
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tangible and/or intangible property of the judgment debtor that is in the possession of a third
party and may include wages and bank accounts titled in the debtor’s name.
* the information contained in this outline was provided by the Pinellas County Clerk’s website,
the Florida Bar website, and other sources.
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COUNTY COURT, PINELLAS COUNTY, FLORIDA
SMALL CLAIMS DIVISION
UCN:
vs.
Defendant 1
Reference No.:
Plaintiff(s)
Defendant 2
Defendant(s)
Address:
Address:
STATEMENT OF CLAIM
Plaintiff(s) sue(s) the Defendant(s) for damages which do not exceed $5,000.00 exclusive of costs,
interest and attorney’s fee for (check one category below):
(
(
(
(
(
(
(
) Auto Accident
) Bad Check - Select one: ( ) insufficient funds ( ) stop payment ( ) other
) Breach of Agreement - Select one: ( ) oral agreement
( ) written agreement
Select one:
( ) Goods or merchandise – Select one: ( ) sold by Plaintiff ( ) received by Plaintiff
( ) Money paid for either goods or services not provided
( ) Services including materials – Select one: ( ) rendered by Plaintiff ( ) received by Plaintiff
( ) Wages including salary, commission or fees
) Money loaned - Select one ( ) oral loan ( ) written loan
) Rent/Property Damage - Select one ( ) oral lease ( ) written lease
Amount claimed for Rent: ___________
Amount claimed for Property Damage:
) Security Deposit claim
) Other claim – Please specify: ________________________________________________________
Explain below the details (what happened, dates, times, place, etc) of your claim. This section must be
completed.
(
) Attached is a copy of any written document(s) that is the basis of this claim.
WHEREFORE, the Plaintiff(s) demand judgment in the principal sum of $
plus costs in the amount of $
plus interest in the amount of $
plus attorney’s fee in the amount of $
Under penalties of perjury, I / We declare that I / We have read the foregoing statement of claim, that
the facts stated in it are true, and that Defendant(s) is/are not in the military service of the United States.
Signature of Attorney for Plaintiff(s)
Plaintiff or Attorney Address:
Signature of all Plaintiff(s) or Company Representative
Print name of all Plaintiff(s) or Company Representative
Title (if applicable)
Atty Telephone No.
Atty SPN No.
SC 002 (Revised 6/05) –SelfHelp Revision – 9/2007
Telephone No.
SMALL CLAIMS PROCESS FLOWCHART
Plaintiff files case. Plaintiff can sue individual, individual doing business as company,
partnership, or corporation. Names must be consistent on Statement of Claim.
The Clerk schedules the Pre-Trial Hearing and sends notice to both parties.
(Defendant must be served.) Both parties must attend the hearing.
Defendant not served
Request new
Pre-Trial/Service
Defendant served by Process Server or Certified Mail. Insurance
cases must be sent to Florida Chief Financial Officer.
DEFENDANT APPEARS
AT PRE-TRIAL
Stipulation to Stay Entry of Judgment
Defendant pays
Notice of Voluntary
Dismissal
Case dismissed
Defendant served
but does not
appear at Pre-Trial
DEFENDANT APPEARS
AT PRE-TRIAL
Trial, if Mediation unsuccessful
Defendant does not pay
Affidavit of
Balance Due
Default Judgment
Judgment for
Plaintiff
Judgment for
Defendant
(Defendant pays or doesn’t
pay, (Satis. or Collect Jdmt.)
Default Judgment
Defendant pays
Defendant does not
pay
Satisfaction of
Judgment
Collecting Judgment
(options)
SC Flowchart – Revised 7/1/2010
Pre-Trial Conference
(Mediation)
Defendant pays
Satisfaction of
Judgment
Defendant
does not pay
Case closed
Collecting Judgment
(options)
IN THE CIRCUIT/COUNTY COURT, PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
UCN: ______________________________ Reference No.: ______________________________
__________________________________________
__________________________________________
Plaintiff(s),
vs.
__________________________________________
__________________________________________
Defendant(s).
and
__________________________________________
__________________________________________
Garnishee.
CLAIM OF EXEMPTION AND REQUEST FOR HEARING
PURSUANT TO F.S. 77.041
I claim exemptions from garnishment under the following categories as checked.
______ 1. Head of family wages. (You must check a or b below.)
______ (a). I provide more than one-half of the support for a child or other dependent and have net earnings of $750.00 or less per week.
______ (b). I provide more than one-half of the support for a child or other dependent, and have net earnings of more than $750.00 per
week but have not agreed in writing to have my wages garnished.
______ 2. Social Security Benefits.
______ 3. Supplemental Security Income Benefits.
______ 4. Public Assistance (welfare).
______ 5. Worker’s Compensation.
______ 6. Unemployment Compensation.
______ 7. Veterans’ Benefits.
______ 8. Retirement or profit-sharing benefits or pension money.
______ 9. Life insurance benefits or cash surrender value of an insurance policy or proceeds of annuity contract.
______ 10. Disability income benefits.
______ 11. Prepaid College Trust Fund or Medical Savings Account.
______ 12. Other exemptions as provided by law. (explain).
I request a hearing to decide the validity of my claim. Notice of the hearing should be given to me at:
Address:
________________________________________
____________________________________
Telephone Number: _______________________________
The statements made in this request are true to the best of my knowledge and belief.
_____________________________________________
Defendant’s signature
_____________________________________________
_____________________________________________
Address
_____________________________________________
Date
STATE OF FLORIDA
COUNTY OF PINELLAS
Sworn and subscribed to before me this ______ day of ___________________ , by ___________________________________________
Defendant Name
Signature of Notary Public - State of Florida _____________________________________________________________________
Print, Type or Stamp Commissioned Name of Notary Public _________________________________________________________
Type of identification produced _________________ Personally known _________________ or produced identification _________________
Certificate of Service
I hereby certify that a copy of the foregoing has been mailed
hand delivered
to the Plaintiff
_______________________________________________________ this __________ day of ____________________________ , 20______ .
Name
_______________________________________________________
Signature
CTCIV228/COCIV77 (Rev. 11/2010-Effective 10/1/2010)
CTCIV228
CIVIL COURT RECORDS DEPARTMENT
SMALL CLAIMS FILING INSTRUCTION SHEET
Civil Court Records
315 Court Street
Clearwater, FL 33756
North County Branch Office
29582 US Highway 19 N
Clearwater, FL 33761
Clerk’s Tyrone Branch Office
1800 66th Street N.
St. Petersburg, FL 33701
Phone Number for all offices: 727-464-7000
Visit our web site at WWW.MYPINELLASCLERK.ORG
St. Petersburg Branch Office
545 1st Avenue N
St. Petersburg, FL 33701
Filing Fees Effective July 1, 2009
Claims less than $100.00
…………………………….
Claims $100.00 to $500.00
…………………………….
Claims of NOT more than $1,000.00 filed simultaneously with an action for replevin of property
that is the subject of the claim (includes Replevin Fee)
Claims more than $500.00 to $2500.00
…………………………….
Claims $2500.01 to $5000.00
…………………………….
Replevin (to recover personal property)
…………………..additional fee of
Reopen fee for all claims of not more than $500.00
…………………………….
Reopen fee for all claims of more than $500.00
…………………………….
Summons Issuance Fee
(per summons)
$ 55.00
$ 80.00
$130.00
$175.00
$300.00
$ 85.00
$ 25.00
$ 50.00
$10.00
STEP 1: FILING AGAINST THE CORRECT PARTY
***IMPORTANT*** Make sure you sue the correct party. If the incorrect party is named in the suit and you receive a
Judgment, this Judgment may be worthless and uncollectible.
a. If you are suing an individual:
Sample: Your name
vs.
John Smith
b. If you are suing a sole proprietorship* (an individual doing business under a fictitious name):
Sample: Your name
vs.
John Smith, d/b/a Sample Business
c. If you are suing an partnership* (several individuals doing business under a fictitious name):
For Partnerships –Make sure to obtain one of the
Sample: Your name
partner’s name and address.
Limited Partnership- Make sure to obtain the
vs.
registered agent’s name and address.
SJG Enterprises, a partnership
You will need this to serve the Registered Agent in
-OR- SJG Enterprises, Ltd., a limited partnership
-OR- SJG Enterprises, Limited, a limited partnership
Step 3 – Serving the Defendant(s).
d. If you are suing a corporation*:
Sample: Your name
vs.
XYZ, Inc.
-OR- XYZ, Corp.
-OR- XYZ, Co.
Make sure to obtain the Registered Agent’s name
and address. You will need this to serve the
Registered Agent in Step 3 – Serving the
Defendant(s).
e. If you are suing a corporation doing business under a fictitious name*:
Sample: Your name
Make sure to obtain the Registered Agent’s name
vs.
and address. You will need this to serve the
XYZ, Inc. d/b/a Business
Registered Agent in Step 3 – Serving the
-OR- XYZ, Corp d/b/a Business Name
Defendant(s).
f. If you are suing a limited liability company:
Sample: Your name
vs.
Business Name, L.L.C.
-OR- Business Name, L.C.
Do Not Sue
-OR-
Your name
vs.
XYZ
John Smith dba XYZ, Inc.
Make sure to obtain the Registered Agent’s name
and address. You will need this to serve the
Registered Agent in Step 3 – Serving the
Defendant(s).
These are some examples of invalid party names
*Corporation or fictitious name records may be researched online at WWW.SUNBIZ.ORG/SEARCH.HTML or you may
call the Secretary of State at (866) 693-6748 or (850) 488-1234. If the fictitious name is not on file within the fictitious
name records, you must determine who owns the business before you can file a lawsuit that is meaningful.
SC 118 A/b (Revised 7/14)
STEP 1: FILING AGAINST THE CORRECT PARTY CONTINUED
If your claim involves an ESTATE:
•
The style should read “PERSON FILING THE LAWSUIT (replace with the person’s actual name) as personal representative of
the estate of PERSON WITH THE ESTATE (replace with the person’s name that has the estate), deceased”. Example: “JOHN
DOE as personal representative of the estate of JANE DOE, deceased”
•
If the ESTATE is filing the lawsuit, the personal representative must file the lawsuit on behalf of the ESTATE.
•
If an ESTATE is being sued, the personal representative of the estate must be served.
If your claim involves an INSURANCE COMPANY:
•
The insurance company must be authorized to do business in the State of Florida.
•
The exact name of the insurance company is needed. Example: LIBERTY INSURANCE COMPANY is not sufficient. There
are several listing under Liberty – Liberty Mutual, Liberty Mortgage
If your claim involves a MINOR:
•
The style should read “PARENT/GUARDIAN NAME (replace this with the Parent/Guardian’s actual name) as legal guardian
of the minor child MINOR CHILD’S NAME (replace with the minor child’s actual name).
Example: “JOHN DOE as legal guardian of the minor child JANIE DOE”
•
If the MINOR is filing the lawsuit, the Parent or Guardian of the MINOR must file the lawsuit on behalf of the MINOR.
•
If the MINOR is being sued, the Parent or Guardian of the MINOR must be served.
If your claim involves a TRUST:
•
The style should read “TRUSTEE NAME (replace this with the Trustee’s actual name) as trustee of the TRUST NAME
(replace with the Trust’s actual name). Example: “ JOHN DOE as trustee of the XYZ TRUST”
•
If the TRUST is filing the lawsuit, the TRUSTEE must file the lawsuit on behalf of the TRUST.
•
If the TRUST is being sued, the TRUSTEE of the TRUST must be served.
STEP 2 : FILING THE STATEMENT OF CLAIM
1.
Submit the completed Statement of Claim form.
•
This form may be submitted by mail or in person.
•
The Statement of Claim must include your phone number.
•
ALL PARTY PLAINTIFFS MUST SIGN THE STATEMENT OF CLAIM.
If you are filing as a CORPORATION, a corporate officer or authorized employee must sign the form. The authorized
employee must file a written authorization with the case in order for the summons to issue.
•
The Clerk’s Office must be furnished with the original Statement of Claim for the court file and one copy for each defendant*.
If you are attaching exhibits, one copy of each must be furnished for the court file and one copy for each service upon each
defendant*.
* If your claim involves an INSURANCE COMPANY, the Florida Chief Financial Officer (formerly known as the Insurance
Commissioner) requires two copies of the Statement of Claim and exhibits to accompany the original and copies of the Summons
(Notice to Appear).
2. Pay the appropriate filing fee. (See the top of page 1 for this information)
• Checks for Statement of Claim should be made payable to: “CLERK OF THE CIRCUIT COURT”
STEP 3 : SERVING THE DEFENDANT(S) – $10.00 Summons Issuance Fee Payable to the Clerk of Court Required for
Each Summons – CHOOSE ONE OPTION BELOW:
Certified Mail………………………………………………$6.49 (for 1 ounce (1-5 pages ) Additional postage required for heavier
weight (more pages – see Mailing Charges Guideline on next page.)
•
Make your check payable to the “CLERK OF THE CIRCUIT COURT”.
Service of Summons (Notice to Appear) by Process Server (Pinellas – payable to Process Server) or by out of county/state Sheriff
(payable to that Sheriff)
A List of Process Servers for Pinellas County is available through a link at www.mypinellasclerk.org to Pinellas Sheriff’s Office website.
PROVIDE THE CLERK WITH A SELF-ADDRESSED POSTAGE PAID ENVELOPE TO HAVE YOUR NOTICE TO APPEAR
RETURNED TO YOU FOR SERVICE BY THE PROCESS SERVER OF YOUR CHOICE OR THE APPROPRIATE OUT OF
COUNTY / OUT OF STATE SHERIFF. See Mailing Charges Guideline on next page.
•
•
•
You must make the check payable to the Process Server or Sheriff of the county for which service of the summons (Notice to
Appear) will be made. Several Sheriffs in the State of Florida will not accept personal checks.
It is your responsibility to verify address and cost of service when you are having your Defendant(s) served by a Process Server or
Sheriff of another county/state. You must determine the County, State, Defendant(s) address, Process Server / Sheriff’s fee to
serve the summons, whether the Process Server / Sheriff of that county will accept your personal check or if he/she requires a
Cashier Check or Money Order and whether the Process Server / Sheriff has any other Special Instructions.
It is your responsibility to forward the Summons/Notice to Appear on to the Process Server or out of county / out of state Sheriff
with appropriate service fees.
Florida Chief Financial Officer (Insurance Companies only)…..$15.00 each Insurance Company
• Make your check payable to the “FLORIDA CHIEF FINANCIAL OFFICER”.
It is your responsibility to ensure service has been made prior to your Pre-trial Hearing.
SC 118 a/B (Revised 7/14)
MAILING CHARGES GUIDELINES
The chart below can be used as a reference when determining the type of envelope and the
amount of postage it will cost to mail your summons back.
If the proper size envelope and sufficient postage is not provided, your summons will not be
returned or mailed.
ENVELOPE SIZE
#10 OR 6X9
WEIGHT
ENVELOPE SIZE
FLAT OR 9X12
WEIGHT
1 oz
2 oz
3 oz
3.5 oz
1 oz
2 oz
3 oz
4 oz
5 oz
6 oz
7 oz
8 oz
9 oz
10 oz
11 oz
12 oz
13 oz
NUMBER OF
PAGES
1-6
7-11
12-17
18-25
NUMBER OF
PAGES
1-6
7-12
13-18
19-23
24-29
30-37
38-42
43-48
49-54
55-59
60-67
68-73
74-79
COSTS
.49
.70
.91
1.12
COSTS
.98
1.19
1.40
1.61
1.82
2.03
2.24
2.45
2.66
2.87
3.08
3.29
3.50
Rates are subject to change. You may visit the United States Posta
Services at www.usps.com for up to date pricing.
Paper weight will vary causing the price of the number of pages per
ounce to change.
SMALL CLAIMS
INFORMATION SHEET
1. The Small Claims Court hears all cases at law in which the demand or value of property
involved does not exceed $5,000.00, exclusive of costs, interest and attorney’s fees.
2. Pinellas County Small Claims Court uses a two (2) hearing procedure; a pre-trial conference
and a final hearing, if required.
3. Plaintiff is the party who brings the lawsuit. Defendant is the party being sued.
4. For filing instructions, please see the Small Claims Filing Instruction Sheet. This sheet is
available online at www.mypinellasclerk.org or in the Civil Court Records Office located at 315
Court Street, Clearwater or at the St. Petersburg Branch Office located at 545 1st Avenue North,
St. Petersburg.
5. If the claim is based upon a written document, a copy or the material part thereof, shall be
attached to the statement of claim.
6. Always bring originals of documents to be used in your case to all designated court
appearances. Remember, originals are retained by the court as evidence in proof of claims or
defense so have copies to offer if you wish to retain originals.
7. You may be ordered to mediate at the pretrial conference. Mediation means “a process
whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of
a dispute between two or more parties. It is an informal process with the objective of helping the
disputing parties reach a mutually acceptable and voluntary agreement.” YOU OR YOUR
ATTORNEY MUST HAVE FULL AUTHORITY TO SETTLE WITHOUT FURTHER
CONSULTATION AT PRE-TRIAL MEDIATION.
8. If the controversy is not settled at the pre-trial conference, you must appear at trial date
assigned for your case by the court with all witnesses and proof that you need to present or
defend your case.
9. All Plaintiffs need to appear at the Pre-Trial Conference. If you are represented by an
attorney, your attorney may appear for you at this hearing if your attorney has full settlement
authority, however you can not appear in lieu of your attorney.
10. If you are a defendant and fail to appear on the designated date, in person or by an attorney,
a judgment may be entered against you. If you are a plaintiff and fail to appear on the designated
date, in person or by an attorney, your case may be dismissed for want of prosecution.
11. A corporation must be represented at every proceeding by an attorney, a corporate officer, or
an authorized employee. Appearance by anyone else may result in the corporation having its case
dismissed or having a default judgment entered against it. An employee’s authorization to
represent a corporation must be in a notarized statement by a corporate officer or a notarized
Board of Director’s resolution.
12. Any claims of the Defendant against the Plaintiff arising out of the same transaction or
occurrence which is the subject matter of Plaintiff’s claim, shall be filed in writing not less than
five (5) days prior to the pre-trial conference appearance date, or within such time as the court
designates at pre-trial conference. When a counterclaim or set-off exceeds the jurisdiction of the
court ($5,000.00) exclusive of costs, interest, and attorney fees, it shall be filed in writing before
or at the pre-trial hearing, and the action shall then be transferred to the court having jurisdiction
thereof. As evidence of good faith, the counterclaimant shall deposit with the Clerk a sum
sufficient to pay the filing fee in the court to which the case is to be transferred with the
Counterclaim. FAILURE TO MAKE DEPOSIT WAIVES THE RIGHT TO TRANSFER.
13. A copy of any paper that you file at any time with the Clerk or the Judge, other than the
Statement of Claim, MUST be sent by you to each attorney appearing in the case and to each
party not represented by an attorney. You must set forth the date and to whom you sent the copy
(or copies) of the paper filed, which should be followed by your signature.
EXAMPLE: I certify that a copy hereof has been furnished to (name of all other parties or their
attorneys with their (addresses) by (mail) or (hand delivery) this ______day of
__________________________, _________.
_________________________________________________
Your signature
14. If you are the Plaintiff and you decide at any time in the proceedings to dismiss your case,
you will need to file a Notice of Voluntary Dismissal form or signed written notification to the
Clerk’s Office stating you want to dismiss your case.
15. If at any time in the proceedings the parties reach a settlement, the Plaintiff should notify the
Clerk’s office in writing; if the case has been set for hearing or trial, the judge’s office before
whom trial is set should also be notified.
16. You must advise the Clerk in writing of any change in your mailing address.
SC 40B (Revised 10/2009)
17. At the trial you may: (a) Tell your story of the case to the judge; (b) Ask the other person in
the case any questions you wish concerning the claim; (c) Show the papers or photos discussed at
the pre-trial conference to help explain your story; (d) Call on your witnesses to help explain the
case. Do not be afraid to talk to the judge. The judge is there to be fair to all parties.
18. Judgment: This is the official judicial finding by the judge that a party is or is not entitled to
the damages asked for in the small claims lawsuit. The party who wins the case is called the
Judgment Creditor and the one who loses is called the Judgment Debtor. The judgment gives the
winner additional legal rights, such as a lien on the judgment debtor’s non-homestead property,
the right to have the Sheriff levy on personal property, garnishment rights and other complex
rights. The court does not collect money damages for you, that is up to you. You may wish to
consult with an attorney for advise on how to collect your judgment.
19. New Trial: Either party may move for a new trial no later than ten (10) days after the return
of a jury verdict or the date of filing of the judgment in a non-jury judgment. See the Clerk for
instructions.
20. Appeals: Either party can appeal the judgment within thirty (30) days after it is rendered.
You should always consult an attorney if you are considering an appeal. Appeals are seldom
taken since it is extremely difficult to have a judgment reversed on appeal unless the proceedings
before the small claims judge were recorded and transcribed by a court reporter.
If you have any questions regarding procedures, the Clerk’s office will assist you. We cannot
furnish you legal advice. Please consult your attorney for legal advice.