The Small Claims Process:
While the process varies in each Florida county, here are some general steps in the legal process: 

• Filing a claim:  You must file your small claims case in the correct location. You can file your small claims case in the county where the incident happened, where the defendant resides, or where the property in question is located.
• As a plaintiff, you will complete a statement of claim outlining the details of your lawsuit and the amount of money you believe you are owed. At this time, you will also pay the filing fees associated with your claim. You will also need a summons to be issued from the clerk for an additional fee. You must take great care to correctly name the individual or business you are suing for the defendant to receive notice of the lawsuit. You will then hire either the sheriff in the county where you filed the lawsuit or a private process server to serve the summons and statement of claim on the defendant, which requires an additional fee.
• Pretrial hearing:  At pretrial hearings, plaintiffs and defendants can speak with a judge. Typically, the judge orders both parties to attend a mediation at the hearing which is free of charge. If the defendant admits you are owed the money or property, your case can be settled without moving forward to a trial. If the defendant does not attend the pre-trial hearing and the summons was properly served, the judge will enter a final judgment in your favor and the case will be over.
• Trial:  At trial, you will need to present your evidence and have witnesses present. This is very important. While the rules of evidence are often relaxed during trials involving small claims, you must have all of your receipts, documents, and the people who will testify on your behalf actually in the courtroom on the day of the trial. If you want to make sure that your witness will in fact appear, you can have a subpoena issued by the clerk for a fee. You will need to hire the sheriff or a private process server to serve the subpoena on the witness for an additional fee. Once the judge hears from both sides, a ruling will be determined. 
• Final Judgment:  If the judge rules in your favor, it is important to know that you will only get a piece of paper which states what you are due from the defendant. Turning the Final Judgment into money requires more steps if the defendant does not voluntarily pay the amount the judge determined that you are owed. The Florida Department of State has some helpful tips to collect on a final judgment that you can access here.

To start your claim, visit the corresponding county’s website.
Palm Beach County
Broward County
Miami-Dade
St. Lucie County

• Also see: Statement of Claim Packet 

Thank you for visiting the Small Claims Corner at the Simpson Cannon Law Firm. We have compiled helpful links and information for you if you are thinking about filing a small claims case in South Florida. 

When you can’t use small claims court:

• In Florida, your small claim court case cannot exceed a value of $8,000, excluding costs, interest, and attorney’s fees.
  • If your dispute involves an amount over $8,000 and you still choose to file a small claims case, your damages award will be limited to $8,000.
• If your claim falls outside the statute of limitations, you cannot bring a lawsuit at all, not even in small claims court. (link instead to the blog/ webpage we did on statute of limitations).
• If you are under 18 years old.
• Small claims courts do not hear bankruptcy or family law cases.

Examples of Small Claims Cases:

• Landlord/tenant disputes
• Breach of contract
• Return of a pet
• Collection of debt
• Property damage 

Some Legal Terms You May Hear in Small Claims Court and What They Mean:

• Plaintiff:  the individual or business that initiates the lawsuit seeking affirmative relief
• Defendant:  the person or entity being sued and against whom the relief is sought
• Summons:  a legal document which notifies an individual or entity that legal action has been taken against them and it is mandatory that they appear in court on a specific day and time
• Statement of Claim:  a legal document written by the plaintiff which describes what the lawsuit is about, what the affirmative relief is that the plaintiff is seeking, and why the plaintiff is entitled to it
• Mediation:  an alternative method to resolve disputes instead of a trial
• Counterclaim:  an action filed by the defendant against the plaintiff seeking affirmative relief in the same lawsuit
• Final Judgment:  the final order from the Court describing the outcome of a lawsuit

Important Things You Should Know

• Florida has established separate rules of court procedure just for small claims. You can access them here:  
  • There are helpful forms included at the end.
• Florida Courts has its own self-help page for small claims. You can access it here: 
  • Additionally, most Florida counties have a self-help section on their websites with documents tailored to their jurisdiction. 
• Mediation is often used to try to resolve a small claims case without having a trial. Mediators are court appointed and are provided free of charge. During this process, both parties will meet with a mediator who listens to both sides. Then, the mediator uses the facts of the case to try to get the parties to reach a settlement. The mediator does not issue a ruling. It is the parties’ decision whether to agree to a settlement. 
• Court filing fees range from $55 to $300 depending on the amount you are suing for, plus additional costs and fees. For additional information on filing fees read this blog.
• The small claims process in Florida is designed for parties to represent themselves. However, you may decide to hire an attorney to increase your advantage in a small claims case. It is always a good idea to consult an attorney prior to the filing of a small claims case, and you can consult an attorney at any time during the small claims process.    

To start your claim, visit the corresponding county’s website. 
Palm Beach County
Broward County
Miami-Dade
St. Lucie County

• Also see: Statement of Claim Packet 

​A Limited Liability Company (LLC) is an advantageous business structure as it comes with several benefits for business owners. For starters, LLCs provide a veil of protection that keeps business assets separate from their owner’s assets in unfortunate situations such as litigation or incurring debt. Also, when set up correctly, LLCs have Operating Agreements that outline how the business should be managed. However, choosing to run your business ​​as an LLC is not a one size fits all solution to solving all your problems. Here are some myths you may have heard about LLCs.

What does it mean to pierce the corporate veil? 
The term refers to the veil of protection that keeps businesses operating as corporations, partnerships, or limited liability companies (LLC) separate from their owners and shareholders. These principles and statues are present 

This month, there will be an increase in cars on the road due to parties, events, and family visits.  There will also be an increase in trucks and commercial vehicles making deliveries for the holiday season.  This means that there will be an increase in car and truck accidents.  ​The National Highway Traffic Safety Administration conducted research from 1982 to 2018 and found that due to increased travel time, more alcohol use, and excessive driving speed, there are more fatal car accidents during the holidays[1] compared to other times of the year.  You can prevent a car accident and keep you and your family safe with these tips:

Laws are designed to protect citizens and keep them safe.  This holiday season, we are reminded of laws that keep us safe. 

Florida’s Personal Injury Protection (PIP)  § 627.736
Florida is one of several states that require PIP insurance coverage.  Florida requires drivers to have a minimum of $10,000 in PIP coverage.  With this coverage, if you are involved in an accident, your own insurance company pays 80% of your medical bills and 60% of your lost wages-regardless of who is at-fault in the accident.  This law is beneficial because it helps to reduce payment delays for those involved in car accidents.  PIP also covers ambulance fees, funeral costs, and reimbursement for prescriptions.  Family members that live at the same address can be covered too if they do not have their own PIP insurance coverage.

Duty to give information and render aid Florida Statutes §316.062
In Florida, drivers involved in a car accident where a person is injured, deceased, or property has been damaged must give their name, address, and vehicle registration to parties involved in the collision.  This law ensures that drivers do not leave the scene of an accident, but are held accountable for their role in the accident.  If a driver does leave the scene of an accident, he or she may be held criminally responsible.

Red Light Cameras
If you are caught running a red light, it can be annoying.  However, red light cameras can provide a bird’s eye view of what occurred during a car accident.  Red light cameras discourage speeding and have reduced car accident fatalities in some large cities.  An Insurance Institute for Highway Safety study found that cameras reduced the fatal red light running crash rate of large cities by 21 percent and the rate of all types of fatal crashes at signalized intersections by 14 percent.

Trial by Jury
Thomas Jefferson is quoted as saying, “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” The 7th Amendment of the United States Constitution gives those involved in civil cases with a value of more than $20 the right to be judged by a jury of their peers.  This eliminated the possible bias a judge may have against a plaintiff or defendant.