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- 1). Weigh the option of hiring an attorney. You are allowed to seek legal representation for small claims in Florida. If you choose to hire a lawyer, he can perform many of the following steps on your behalf.
- 2). Go to the local county court nearest to where the defendant lives or the incident in question occurred and inform the clerk that you wish to file a “Statement of Claim.” Florida law stipulates that claims should be filed according to the location of the defendant or property in dispute. This is the first step in pursuing litigation, and you’ll need the reasons for and amount of your claim. You will also need to provide a name and legal address for the party you are suing, plus any supplementary documents you intend to introduce as evidence. You will need to pay a filing fee, the amount of which depends on the circumstances of your suit.
- 3). Wait for the clerk to serve the defendant with a notice to appear in court. In Florida, an initial conference will be scheduled within 50 days of the filing and a trial will follow within 60 days of that. You can decide to have the notice delivered by mail or in person and will be charged accordingly.
- 4). Appear in court at the date appointed by the clerk. The judge will decide the result of the case.
- 5). File a “motion for a new hearing” with the Circuit Court. According to Florida law, appeals must be filed within 30 days. The court will decide if there are grounds for a new hearing.
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