SERVICE INFORMATION
IF YOU ARE SUING AN INDIVIDUAL:
Obtain the proper name and street address of the individual. If the spouse will be included in the suit, obtain the proper name and street address of the spouse. First names must be used and any alias names, if know.
IF YOU ARE SUING A CORPORATION:
You must know the correct name of the corporation and the state in which it is incorporated.
Obtain the name and address of an officer of the corporation: the president, vice-president, etc.., or in the absence of any of these, the name and address of the business agent residing in this state, or the name of the resident agent transacting business for the corporation in this state. To find this information, you may write or call:
SECRETARY OF STATE OF FLORIDAATTN: CORPORATION DIVISIONTALLAHASSEE, FL 32304(850) 488-9000http://www.sunbiz.orgIF YOU ARE SUING A PARTNERSHIP:
Obtain the names and addresses of all the partners.
GENERAL INFORMATION
VENUE:
The law gives the person filing a lawsuit the right to sue in any of serval places. If a lawsuit is filed in the wrong venue, the Court may direct that the case be transferred to the correct venue or may direct that the case be dismissed. A proper location or venue may be one of the following:
- Where the contract was entered into.
- If suit is on an unsecured promissory note, where the note is signed and the maker resides.
- If the suit is to recover property or to foreclose a lien, where the property is located.
- Where the event giving rise to the suit occurred.
- Where any one or more of the defendant(s) resides(s).
- Any location agreed to in a contract.
Also, in an action for money due, if there is no agreement as to where suit may be filed, proper venue lies in the county where payment is to be made.
Many individuals, partnerships, and corporations do business under a fictitious name, such as:
- John Jones, dba Book World
- John Jones, Bill Smith, a partnership, dba Jones & Smith Plumbing
- ABC, Incorporated, a Florida corporation dba Snack Shop
Return to TopYou can obtain a judgment lien on the judgment debtor's real property by recording a certified copy of your judgment in the real estate records of the county in which the property is located. Such liens are not recorded with the Department of State. These liens last for ten years and they can be continued for another ten. You can download forms at www.sunbiz.org or call the Department of State, Division of Corporations, Judgment Liens Section, at 850-656-7463.Return to Top
If you win a lawsuit for money, you will get a copy of the Court's judgment stating the amount of money the losing party must pay to you. The losing party is called the judgment debtor, and you, the winner, are called the judgment creditor. If the judgment debtor does not pay, you are entitled to get the sheriff to seize the judgment debtor's property. The seizing of property by the sheriff is called a levy. Once the sheriff has levied on the property, the sheriff will then sell it, and pay you out of the money the sheriff receives from the sale. This process is call execution. There are a number of steps you must take.
Step 1. Once you get your judgment, you should first obtain a judgment lien by recording a Judgment Lien Certificate with the Department of State. This is not always crucial, but it is a very good idea. We will explain below why it is a good idea and how you do it.
Step 2. In order to get the sheriff to levy upon (to seize) the judgment debtor's property, you must first locate the property. The sheriff won't do this for you. Remember that there are many kinds of property the sheriff can seize. Land and buildings are called real property. Movable things, like cars, horses, boats, furniture, and jewelry are called personal property. There are some kinds of property the sheriff cannot levy on. The main kind of property the sheriff cannot seize is a person's home. A person's homestead is exempt from execution. The judgment debtor may also select personal property worth up to $1,000, and one motor vehicle worth up to $1,000, as exempt property. Only people have exemptions. If your judgment is against a corporation or a partnership, the sheriff can seize all of its property. Of course, the sheriff can only levy on property the judgment debtor truly owns - not property owned by somebody else, such as leased property.
Step 3. Once you have located property the sheriff can seize, you take your judgment to the Clerk of the Court that issued the judgment and ask for a document called a Writ of Execution. This tells the sheriff to seize property of the judgment debtor to satisfy your judgment. You then deliver the writ to the sheriff's office in the county in which the property is located. You must also give the sheriff written instructions, called Instructions for Levy. These instructions describe the property, and tell the sheriff where it is located. The sheriff will require you to deposit some money to pay the sheriff's fees and costs. You will get your deposit back if the execution is successful.
Step 4. Before the property can be sold, you have to check the Department of State's internet website, at www.sunbiz.org, to see if there are any judgment liens filed under the name of the Judgment Debtor. You must also check for creditors who have filed UCC security interests in the name of the Judgment Debtor at www.floridaucc.com. You must notify all of these people of the time and place of the sale. You then give the sheriff a signed affidavit, on which you provide the information contained in all the judgment lien certificates filed against the Judgment Debtor.
Step 5. Once the notices have been sent, the sale must be properly advertised in a local newspaper. Then, at the designated time and place, the sheriff will sell the property at a public auction. You can bid at the auction if you want to. The highest bidder for cash in hand pays the price to the sheriff and becomes the owner of the property.
Step 6. The sheriff will pay out the money received from the sale in this order:
- The sheriff pays the sheriff's costs, and if the sale price covers these costs, you will get your deposit back.
- The sheriff pays you $500 for your costs (whether you spent that much or not).
- If somebody obtained a Judgment Lien before you did, the sheriff pays that person before paying you. If others have filed before you, the sheriff pays everybody in the order of filing.
If the sheriff runs out of money before getting to you, you get nothing more. This explains why it is such a good idea to obtain a Judgment Lien as soon as possible. If no judgment liens have ever been filed, the sheriff will pay you first, and anything left over will go back to the judgment debtor. But it's still a good idea to file as soon as possible. If you don't, there is always a chance that somebody might file during the execution process and come in ahead of you.
Return to TopFAQs
After filing, each person or business being sued must be served with a summons/notice to appear in court on a date and time scheduled when the initial claim was filed. A copy of the Statement of Claim should be attached as provided in the Florida Small Claims Rules.
How much does it cost to take someone to small claims court in Florida? ›
Initial Filing Fees
| Filing Type | Cost |
|---|
| Small claims less than $100 | $55 |
| Small claims of $100, up to $500 | $80 |
| Small claims more than $500, up to $2,500 | $175 |
| Small claims more than $2,500, up to $8,000 | $300 |
1 more rowIf the defendant fails to appear at the preliminary hearing, the court will enter a default against him/her after it is shown to the judge that the suit was filed in the proper county and the defendant was legally notified.
How long do you have to take someone to small claims court in Florida? ›
Is there a statute of limitations? How long you have to file a claim in court, notably Small Claims Court, varies depending on the topic and circ*mstances of the respective litigation. Chapter 95.11, Florida Statutes, explains that a person has between one and five years.
What happens if someone refuses to be served in Florida? ›
It is important that you know that when the other party is served by the process server they must accept the papers. Once they are found, they can no longer avoid the inevitable. In the state of Florida, refusing service of process without violence from a registered process server is a class one misdemeanor charge.
What happens if you can t serve someone court papers in Florida? ›
If repeated attempts at serving process at a residence fail, a process server may be able to complete their duties by leaving the documents with someone else who lives at the home. Under Florida law, the person who accepts legal documents on behalf of someone else in the home must be at least 15 years of age.
Can you sue for emotional distress in small claims court Florida? ›
Emotional distress is a type of damage you can seek compensation for by filing a lawsuit in Florida. However, because emotional distress is an intangible accident-related damage, it can be challenging to prove that you suffered emotionally.
Do you need a lawyer for small claims court in Florida? ›
No. Small Claims court is considered a "peoples court" and a lawyer is not required. Clerk's Office personnel will provide necessary forms. for filing a Small Claims case, however, you may consult with an attorney if there are complex legal issues or questions.
Do you have to file an answer in small claims court Florida? ›
Go to the pre-trial hearing at the time and place stated on the Notice. You do not have to file a written answer in a small claims action, although you may do so. You can tell the judge all of your defenses at the pre-trial.
How to file a small claims lawsuit in Brevard County Florida? ›
Forms to file a small claim case are available at the County Civil Department at the Clerk's Office and here on our website. Attorneys are not precluded from this court, but are not required. The Statement of Claim form is available at the Clerk's Office or on this website.
If you truly have no assets and limited income, you might be considered "judgment proof." This means that even if the other party wins the lawsuit, they may not be able to collect any money from you. However, being judgment proof doesn't prevent the lawsuit from proceeding or a judgment from being entered against you.
How long can you wait to sue someone in Florida? ›
Depending on the type of case or procedure, Florida's statutes of limitations range from two to four years. The point at which the clock starts ticking typically is the date of the incident or discovery of a wrong.
Can you hire a lawyer for small claims court in Florida? ›
Small Claims Court is a “People's Court,” where you advocate for yourself. Unlike the television shows, either party may choose to hire a lawyer and have them represent them, but it is not necessary. (A lawyer may be necessary to assist you in collecting any monetary judgment in your favor.)
How do I take someone to small claims court in Florida? ›
File a Small Claims Case
You, the plaintiff, must file a “Statement of Claim” form, available at your Clerk's office. This must be fully completed and signed to receive a pre-trial conference date. If your claim is based upon written documentation, attach a copy of the contract to the Statement of Claim form.
What are punitive damages in small claims court in Florida? ›
In Florida, punitive damages award no more than three times the amount of the compensatory damages award or $500,000, whichever is greater. Punitive damages are intended to deter the defendant and others from similar conduct in the future.
Do you have to be served for small claims court Florida? ›
What happens after the filing of a small claims case? Each person or business being sued must be served with a Summons or Notice to appear in court on the date and time shown on the summons or notice. This court date will be a pre-trial conference and parties should be prepared to present their case in court.
How do you legally serve someone in Florida? ›
The most common way is to deliver a copy of the Complaint or other legal filing to the Defendant. A process server may also leave copies of the paperwork at the person's house. However, the documents must be received by someone at the home who is at least 15 years of age.
How do you serve a defendant in Florida? ›
Notice of service and a copy of the process shall be sent forthwith by registered or certified mail by the plaintiff or his or her attorney to the defendant, and the defendant's return receipt and the affidavit of the plaintiff or his or her attorney of compliance shall be filed on or before the return day of the ...
How long do you have to serve a defendant in Florida? ›
In Florida, According to Rule of Civil Procedure 1.070 (j), a complaint must be served on the defendant within 120 days of its filing. If it is not served within the time frame specified, a motion to dismiss is appropriate, and the case is dismissed without prejudice.
