Filing a Small Claim in Broward County, Florida

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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, and generally speaking, neither is a trial by jury.

 

Filing Small Claims in Broward County

 

Any individual over the age of 18 can file in Broward County Small Claims Court for damages up to $5,000.  You may bring an action in Broward 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 your claim, you will first need to bring all of the information and paperwork to the proper courthouse and fill out the appropriate forms.  If you need help, a deputy clerk will be there to assist you.

 

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 up to $500, the fee is $80.  For claims over $500 up to $2,500, the fee is $175.  Any claim over $2,500 up to the $5,000 limit will cost $300 to file.

 

After you file your claim, the next step is to serve the defendant.  You must know the full name of the individual you want to sue and 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 finding this information, you may contact the State of Florida Corporate Information Department.

 

This service may be carried out in one of two ways.  You can have either the sheriff or a certified process server serve the summons and a copy of your lawsuit on your behalf.  The court’s administrative office can give you 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 via certified mail with a return receipt requested.  If you choose to execute service this way, you can receive assistance from a deputy clerk at the courthouse.

 

For additional information and legal assistance concerning the Broward County small claims process, visit the Broward County Court’s website.

 

Comments

My lease ended on January

My lease ended on January 31st by mutual agreement
with the Landlord and we left the unit in good conditions (he rented it
again on February 1st). The Landlord did not file any claim against us for
damages to the property but he has not refunded my security deposit.

I am trying to obtain

I am trying to obtain information on how to process a small claim regarding a friend that borrowed $5,000 with an agreement to pay me back within 3 weeks. Its been almost 3 months and he hasnt paid me back anything. But i see him spending money and other friends told me, hes spending unnecessary.. That they know he has my miney, but just doesnt want to pay me back. Tells me he has nothing from me. I have a 2yr old baby and am now about to lose the roof over my head and need to get my money back that he refuses to pay me back. He just opened a New business also. I need guidance and information on how to put a claim in against him to get my money back.

We need help because very

We need help because very large tree fell in the patio of my house, this one was in the canal and now is in the pool in the yard and part of the porch of mu house; nobody wants to take responsibility, insurance says that corresponds to the city. Please, we need your help. My E-mail pattygarcia1404@aol.com. This happened with Hurricane Irma and we have many problems with the water of the pool and the mosquitoes that enter my house and neighboring house. We expect a quick response from you, Thank you.

We were behind on the

We were behind on the mortgage of our rental property. We were working very hard to paint the house and do minor repairs so we could sell the house. We worked on the house on Sunday, took Monday off and went back Tuesday. The bank sent someone over to change the locks on Monday. Tuesday, we removed the lock and noticed some of our equipment was stolen. We called the bank and then the police.
Every so often we would go to do something and notice more things missing. We would then update the stolen list with the police.
The bank just called and said they were not covering our loss because we have no proof! They said when they changed the locks our contractors were there. We do not have contractors. We could not afford contractors. Did they let unauthorized people into our house who then removed our things? Did the bank steal our stuff?
How many other people have been robbed?
We borrowed money and brought the house current but, we should not have to replace stolen equipment.

We contacted the bank again and asked for a description of the contractors and they refused to give it to us. They said it was my husband and myself. How do we get a description of the contractors the bank claims were there.