Florida > Local County > Hernando > Small Claims
Small Claims Worksheet - Florida
| Small Claims Worksheet Form. This is a Florida form and can be used in Small Claims Hernando Local County . |
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KAREN NICOLAI CLERK OF CIRCUIT COURT - HERNANDO COUNTY, FLORIDA ___________________________________________________________________________ 20 N. MAIN ST. BROOKSVILLE, FLORIDA 34601 (352) 540-6377 SMALL CLAIMS DID YOU KNOW? WHAT IS A SMALL CLAIMS COURT? In Florida, a County Court now handles what was once called small claims court. By statute and court rules, a less formal and less complicated procedure is available for small claims, that is, claims of $5,000.00 or less. DO YOU NEED A LAWYER? No. In most cases you can represent yourself if you so desire. If the case is complex, you ll be better off with legal counsel. The clerk will provide the necessary forms to file a claim. General information and assistance are available at the clerk s office, however no legal advice can be given. If you want a lawyer and don t know one, you may call the Florida Bar s referral service, toll-free, 1-800-3428011. STATUTE OF LIMITATIONS How long you have to file a claim in court, notably Small Claims Court, varies, depending on the topic and circumstances of respective litigation. Chapter 95 Florida Statutes explains the limitations of actions. If you are unsure as to how these statutes apply to your case, please consult an attorney immediately. WHERE TO FILE The small claims/county civil department is located on the second floor of the Hernando County Government Center, Judicial wing, Room 248, Brooksville, Florida. The telephone number is (352) 540-6377. Business hours are 8:00 a.m. to 5:00 p.m., Monday thru Friday. You can file your suit in the county of your residence, but the claim may have to be filed in the county where the person you re claiming against lives, in the county where the cause of the controversy occurred or in the county where property involved in the controversy is located. Please consult an attorney if your are unsure as to where to file your suit. SmClmInfo 041811 American LegalNet, Inc. www.FormsWorkFlow.com WHAT TO FILE The clerk will provide you with a form to fill out which will state your claim. This form will tell the other party why you are claiming the amount he/she owes you. Please bring with you information to substantiate your claim, for example: contracts, paid bills, estimates, etc. COPIES You must supply one set of copies for the court file and one set of copies for each defendant that you name in your claim. Our office can provide copies at a nominal fee. The clerk cannot advise you what to use as evidence. You will need to decide this before you file your case. FILING FEES Filing fees are dependant on the amount of claim. The current fee schedule is as follows: From $0.01 to $99.99 From $100.00 to $500.00 From $500.01 to $2,500.00 From $2,500.01 to $5,000.00 $55.00 $80.00 $175.00 $300.00 IN ADDITION TO THE FILING FEE: $17.00 PER DEFENDANT WILL BE CHARGED TO PREPARE, SIGN AND SEAL A SUMMONS Please be advised, filing fees are subject to change. Fees are payable by cash, money order or cashier s check. Personal checks are accepted (for clerk only) made payable to Clerk of Court. JURISDICTIONAL LIMITS Small claims cannot exceed $5,000.00. Claims in excess of $5,000.00 but less than $15,000.00 are handled in County Civil. The clerk CANNOT provide forms for these claims. We recommend that you retain an attorney, due to the complexity of filing. Claims exceeding $15,000.00 are handled in Circuit Court. SmClmInfo 041811 American LegalNet, Inc. www.FormsWorkFlow.com SERVING THE DEFENDANT After filing your suit with the clerk, the defendant(s) must be served with a copy of your claim. This can be done by sheriff s service or by certified mail. The charge for sheriff s service is $40.00 per defendant. If sheriff s service is elected a separate money order or cashier s check is necessary. This should be made payable to the sheriff of the county in which service is to be made. The address MUST be a street address, not a post office box. The pre-trial court summons will be sent to the sheriff with your payment for service attached. If taking the Summons to the sheriff s office personally, the sheriff s office ONLY accepts the exact fee. There will be NO CHANGE provided. The fee for certified mail is $5.75 per defendant. Certified mail is effective in the State of FLORIDA ONLY. Service on defendants out of the State of Florida must be made by the sheriff. It is the Plaintiff s responsibility to obtain the address of the Sheriff of the county for out of State service where the defendant is to be served, and provide the fee and address to the clerk. Service MUST be obtained in order to proceed with the case. THE PRETRIAL HEARING Before you get to trial, you will have to appear at a pretrial conference. At this hearing the judge will probably talk to you and the person you are claiming against about the problem and try to settle the dispute without a formal trial. If a trial is needed, the judge will discuss the matter of witnesses and evidence needed to proceed. If either you or the defendant do not show up for the pretrial conference, the court may enter its judgment against the party failing to appear. THE TRIAL On the date set by the clerk, you must appear in court with your evidence and witnesses. Your witnesses will need to be present at the trial. Letters, statements or affidavits will not suffice. If you need a witness who may not appear voluntarily, you may request the clerk to prepare a witness subpoena. The subpoena will be delivered by the sheriff upon payment of a subpoena service fee. You must pay a mileage allowance and a fee to each witness. There is also a clerk fee for preparation of each subpoena. The following fees are applicable, per subpoena: SHERIFF SERVICE - per witness . . . . . . . . . . . . . . . . . . . . $40.00 (payable by separate cashiers check or money order only) CLERK FEE - per subpoena For preparation, signing and sealing . . . . . . . . . . . . . . . . . . . . $ 7.00 WITNESS FEE - per witness . . . . . . . . . . . . . . . . . . . . . . . . . $ 6.00 plus 6 cents per mile round trip - estimated mileage payable by separate cashiers check or money order only made out to the WITNESS SmClmInfo 041811 American LegalNet, Inc. www.FormsWorkFlow.com At the trial, the judge will consider all evidence, as well as testimony of witnesses, and decide what the rights of the parties are. The defendant is entitled to be represented by legal counsel. If he/she so chooses, you should seriously consider seeing a lawyer as you may find yourself at a disad
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