Filing a Small Claim in Palm Beach County

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Small claims courts are courts of limited jurisdiction that are designed to hear civil cases between private litigants.  Their purpose is to prevent clogging up the formal court system with relatively petty matters through a less formal forum.  Small claims courts also limit the judgments awarded.  This limit is generally set at $5,000 – though it may vary from jurisdiction to jurisdiction.

 

The rules of civil procedure and evidence are typically simplified in small claims proceedings so as to allow non-lawyers to litigate their matters without the help of a costly attorney.  Formal and costly procedures such as depositions are not allowed in small claims courts, and generally speaking, neither is a trial by jury.

 

Filing Small Claims in Palm Beach County

 

Any individual over the age of 18 can file in Palm Beach County Small Claims Court for damages up to $5,000.  You may bring an action in Palm Beach County if the defendant resides there, the cause of action occurred there, or any property involved with the action is located there.  In order to file the claim, you will first need to bring all of the information and paperwork to the proper courthouse and fill out the appropriate forms.  There will be a deputy clerk at the location to assist you in doing so.

 

There is a court fee that varies based on the amount of your claim.  For claims up to $100, the fee is $55.  For claims over $100, and up to $500, the fee is $80.  For claims above $500, but no more than $2,500, the fee is $175, and any claim over $2,500 up to the $5,000 limit will cost $300 to file.

 

After you file, the next step is to serve the defendant.  You must know the full name of the individual you want to sue as well as an address at which he or she can be served.  In the case of filing a claim against a business, the process depends on whether or not the business is incorporated.  If it is incorporated, you have to include the name under which it is incorporated as well as a name and address of either a corporate officer or the registered agent.  If you have trouble locating this information, you may contact the State of Florida Corporate Information Department.

 

This service may be completed in one of two ways.  You can have the sheriff or a certified process server serve the summons along with a copy of your lawsuit on your behalf.  The court’s administrative office can provide you with a list of certified process servers should you choose this method.  You may also attempt to execute service of a summons on any party within the state of Florida through certified mail with a return receipt requested.  You can receive assistance from a deputy clerk at the courthouse for executing service this way.

 

For additional information and legal assistance pertaining to the Palm Beach County small claims process, visit the Palm Beach County Court’s website.

 

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witness subpoena

What are the next steps? I have filed in Palm Beach County. Had the summons served on the defendant who is out of state. Retrieving the paperwork for Proof of Service to return to the courthouse. How do I go about obtaining a subpoena for out of state witness or just subpoena records?

Marcy Lavine contracted my

Marcy Lavine contracted my services for replacing windows and doors with impact resistant at her property 2491 NW 59th Street Apt.1001. In the course of the installation there was a need for additional materials and labor to complete the job, considered to be contingency/incidental. It was explained in details to client and her husband Jeff Berger. Both understood it and agreed to pay an additional $1,550.00 on check 132 dated 9/10/2020 to cover for materials and labor. Our contract agreement was $34,665 plus permit fees of $1,390.81 to be paid after passing final building inspection. Our agreement called for 40% deposit at time of signing the contract agreement, 40% at time of delivery of windows and doors and start work and remaining 20% after passing final building inspection. Payments made by client per agreement were: $13,800.00 on June 13, 2020 on check #621 Citibank, second deposit of $13,146.00 on August 31, 2020 on check #127 Chase Bank.The remaining 20% balance of $7,719.00 plus the permit fees of $1,390.81 for a total of $9,109.81 was to be paid after passing the final building inspection. The inspection took place on January 15, 2021 and approved. At that time client remitted payment in the amount of $7,559.81 instead of $9,109.81, short of $1,550.00 for no apparent reason. After numerous attempts to collect the missing payment, a lien notice was served to client on January 25, 2021 which was contested by client on February 23, 2021. I am hereby requesting advise on how to proceed with this claim. Your kind attention and help is highly appreciated.
Sincerely,
Armand Dayan - Contractor
Home Shields USA, LLC
Office: 954-578-7887
Fax: 954-337-7711
Cell: 954-873-1877
Email: customshutters05@aol.com
Website: www.homeshieldsusa.com