Diary of a Small Claims Case

Sometimes a case is too small for someone to pay attorney fees, especially if it is the type of case that does not provide attorney fees to the winner. Other times there are cases where a plaintiff or defendant is so confident as to believe he or she can win the case without an attorney.

For folks of either camp, Small Claims Court is an option.

Florida Small Claims Court has jurisdiction for cases that involve damages of $8,000 or less. The Court is designed to allow the parties to navigate from start to end without an attorney.

Although everyone in litigation is well advised to retain experienced counsel, these smaller cases might not even be pursued if one or both parties had to pay attorney fees to find out who wins.

Some argue that a procedure encouraging people to litigate without an attorney actually increases litigation by reducing cost. But popular sentiment among the judiciary is that people are entitled to their day in court and that goal can best be reached by helping them get there at minimal expense.

Florida’s Supreme Court sets the rules of procedure for Florida courts. It has special rules for Small Claims Court, many of which have relaxed technical requirements to make it easier for non-attorneys to pursue and defend cases. One of the more interesting changes from other court cases is that a corporation or limited liability company can represent itself in Small Claims but is required to be represented by an attorney in other court cases. Another is there is no discovery (depositions, request for production of documents) unless a party is represented by an attorney.

A judge can always order that one or more rules applicable in non-Small Claims cases be followed, but that does not happen in most cases. Judges tend to leave parties to their own devices. That can lead to confusing and disjointed presentations.

One of the biggest problems for a party in Small Claims is lack of knowledge of the law. That means they tend to tell their story and often miss a critical component of either a claim or a defense. Another significant mistake is not getting the correct name of the party being sued.

When a party fails at Small Claims, the failing party does not get a do-over. As in other court cases, only one lawsuit is allowed involving the same parties and issues.

A Small Claims case starts when the plaintiff files a Statement of Claim with the Clerk of Courts in the county where the trial will take place. The plaintiff cannot pick any county but must sue the defendant in a county where the defendant lives or does business or where the dispute arose.

The Statement of Claim is usually on a form available from the Clerk. Unlike other court cases, the Clerk can help the filer complete the form. Filing fee is required when the Statement of Claim is filed, which ranges from $55 for claims under $100 to $300 for claims over $2,500.

There can be jury trials in Small Claims. The plaintiff must request a jury when the Statement of Claim is filed. Defendant’s deadline to request a jury is five (5) days after service on the defendant. As one might imagine, a jury trial without attorneys can be quite a mess.

The Clerk assigns a pretrial hearing date which is added to the Statement of Claim. The plaintiff must then arrange for the Statement of Claim to be served on the defendant. Service can be by the Sheriff’s department, private process server or even certified mail. If certified mail service is used, it must be arranged through the Clerk. It is crucial that proof of receipt be filed with the Clerk before the pretrial hearing.

Assuming service is successful, the defendant can also file a claim against the plaintiff but must do so at least five (5) days before the pretrial hearing. Otherwise, the defendant does not have to file any answer, denial or defense.

Attendance at the pretrial hearing is mandatory. If the defendant does not attend, the plaintiff gets a judgment. If the plaintiff fails to attend, the case is dismissed.

There is rarely a judge at the pretrial hearing. A deputy Clerk presides and after taking roll assigns cases to mediators for settlement discussion. If a case does not reach settlement at the pretrial, the Clerk will set it for trial and send notice to the parties of trial date and time.

The parties are generally given a deadline to exchange copies of any evidence a party intends to introduce at trial. Even though there is no formal discovery, each party should not be surprised by evidence at trial.

Trials are usually set between fifteen (15) and forty-five (45) days following pretrial. Judges try to keep this simple and get right to these facts. When no attorneys are involved, non-jury Small Claims trials are usually scheduled for one hour and many cases are scheduled for the same day. As one case ends, the next begins.

At end of the trial, the judge enters judgment for the winner. That is when a winning plaintiff can be very disappointed. Even in Small Claims, the plaintiff must pursue collection after the judgment is entered. No court pursues collection on its own and that includes Small Claims. There are no special rules for collecting a Small Claims judgment and many winners will find collection problematic.

The winning plaintiff may hire an attorney to pursue collection once judgment is entered. Collection can be difficult. Good news for those seeking collection is that attorney fees incurred in collecting a judgment can be added to what is owed under the judgment. Even in a case that is designed to encourage self-representation, legal expertise can be essential to turn a winner into money.