How to File Small Claims in Florida Agains United Parcel Service
General Information
We've prepared this web page to requite you of import data about the Small Claims Section of the Clerk's Office. We hope y'all discover it helpful. If y'all'd like additional information, we invite you to call usa at (904) 255-2000.
Showtime, let'south define exactly what a Pocket-size Claims instance is: It'southward a legal action filed in county court to settle minor legal disputes among parties. The corporeality of money involved must be $viii,000 or less, excluding costs, interest and chaser fees. Because Minor Claims court is considered a "people's courtroom," yous don't need to have an attorney to file a merits. Forms to file a Pocket-sized Claim case are available at the County Ceremonious Section at the Clerk's Office and right hither on our website. Attorneys are not precluded from this court, but once again, they are not required.
The Statement of Claim class is available at the Clerk's Part or on this website. If the form is signed exterior of our office, please notation that it needs to exist notarized. It tin can also be signed in the presence of a deputy clerk hither at the Clerk's Role.
The case is filed in the county in which the incident took place. If the example is filed in the wrong county, the Defendant may ask the courtroom to change the venue to the proper county.
Filing
When filing a Small Claims case, yous demand to exist sure that yous are suing the proper party. Before filing your claim, you lot should make sure you have the proper name(s) and accost(due south) of the party(south) you lot want to sue. You should as well attempt to get the full names and addresses of individuals. If y'all are suing a business concern, please contact the Secretary of State at (850) 245-6051 or visit www.sunbiz.org to get the information needed to have your summons served on the Registered Amanuensis of the corporation. If you take any attachments to evidence your claim, please provide the court with one copy for the file and one copy to be served on each Accused. This is required.
Service
You tin can take your summons served in 1 of 3 means: by the sheriff, past a process server or by certified postal service. Please note that certified mail can exist served only within the state of Florida. For Duval Canton addresses only, the Jacksonville Sheriff's Office volition serve a summons for a fee of $40.00 per Defendant.
For serving a summons exterior of Duval County, you'll need to contact the sheriff'due south office in the appropriate canton to learn about their service fee and address. Submit the fee for the out-of-county sheriff in a split payment, fabricated payable to that out-of-county sheriff. As well include a pre-addressed stamped envelope for that sheriff. Some sheriff's offices exercise not accept personal checks. So please brand sure to check on accepted forms of payment.
You can find a individual process server in the phone directory, under "procedure servers." The procedure server will explain the service fee and procedures.
Pretrial
When your example is filed, you will be given a pretrial appointment. All parties will be required to attend. The Clerk will telephone call your instance, if both parties are nowadays, the Clerk will inquire the defendant if he or she admit or denies owning the debt. If the defendant is not served, you may attempt service again past obtaining an allonym summons from the Clerk. A fee of $x.00 for each accused is required for the issuance of an alias summons.
Mediation
Arbitration may take place during the fourth dimension scheduled for the pretrial conference. Mediation is a process whereby an impartial and neutral third person chosen a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties, without prescribing what the resolution should be. I t is an informal and not-adversarial procedure with the objective of helping the disputing parties reach a mutually acceptable and voluntary understanding.
In mediation, decision making rests with the parties. Negotiations in county court mediation are primarily conducted by the parties. Counsel for each party may participate. However, presence of counsel is not required. If a total agreement is non reached at mediation, the remaining bug of the example will be prepare for trial. Mediation communications are confidential and privileged except where disclosures are required or permitted by law.
Judgments
The Clerk's Office offers an information sheet included in the Small Claims Parcel below that gives you options on how to collect on a judgment. Because collections can be a complex matter, y'all may desire to contact an attorney for guidance. Information technology's important to understand that the courts do not collect the judgments for you.
Settlement
If you and the other political party reach a settlement, the Clerk's Function must be notified in writing.
The Small-scale Claims Department provides customer service for filing legal documents both in person at our office and over the telephone. Just delight sympathise that information technology is against the police force for the Clerk'south Office to offer legal communication. Those needing legal assistance should consider speaking to an chaser.
Viewing Case Data Online
Every document filed in a case is entered into the Instance Docket. For your convenience, instance information can be accessed online through the Clerk Online Resource ePortal (CORE). If you take question or concerns about CORE, please e-mail the CORE Helpdesk.
Eastward-Filing
Electronic filing (e-filing) is now required for attorneys everywhere in Florida. For more information almost due east-filing, delight visit the E-filing Portal. If you need help getting started, please visit our Electronic Court Access page here.
Filing Documents Without an Attorney
If you're representing yourself without an chaser, you lot can choose to file documents electronically online using the statewide e-filing portal at www.myflcourtaccess.com. Of form, the portal is available 24 hours a day, vii days a week for the filing of documents. E-filing is non required if you are representing yourself, and the Clerk'due south Office will keep to accept paper filings.
Small Claims Packets
Small Claims forms and instructions are included in the Pocket-sized Claims Packet, which is bachelor to download gratuitous of charge, or you can also buy a Small Claims Packet by visiting the Clerk'due south Function for $15.00.
Modest Claims Documents & Publications
- Discover of Confidential Information
- - Pocket-size Claims Packet
- - Legal Assistance Regarding Collections in Small Claims Cases
- - Detect to Defendant of Right Against Garnishment of Wages, Coin and Other Holding
- - Civil Coversheet - Form 1.997
Oftentimes Asked Questions
Where are County Civil / Minor Claims hearings held?
They are held at the Duval County Courthouse, located at 501 West Adams Street, Jacksonville, Florida 32202.
Is in that location a fee required to record a notice of lis pendens in a new instance?
Yes, the recording fee is $5 for the first page and $iv for each boosted page. In add-on, at that place is an indexing fee of $one per name later on the first four names.
Is at that place a fee to tape a discover of dismissal and release of lis pendens (including cancellation of lis pendens, discharge of lis pendens, and release of lis pendens)?
Yes, the recording fee is $10 for the get-go page and $8.l for each additional page. In addition, there is an indexing fee of $1 per name later the first four names.
How much does the Sheriff's Office charge to serve a summons and complaint?
The charge is $twoscore per summons. The payment must be separate from other fees.
What happens if the defendant in a Canton Civil / Modest Claims case cannot exist located to be served with my complaint?
If the defendant has not been served with your complaint, your hearing date volition be canceled. But your example will remain open for vi months to give you lot time to locate the defendant and provide the courtroom with another address for service. Information technology'south important to brand sure that the defendant is at the address you lot supply prior to filing your complaint.
Filing fees are non-refundable if the Sheriff's Role cannot locate the defendant for you.
How will I know if a defendant in a County Ceremonious / Small Claims case has been served?
Past contacting the Sheriff'south Office or your process server. You lot may also contact the Clerk's office at the accost below.
If the defendant is not served in a Canton Civil / Pocket-size Claims case, are at that place additional fees due if I locate another address?
The Clerk'due south Role charges a statutory summons-issuance fee of $10 per defendant. In addition, if yous utilize the Sheriff's Office for service, they will charge $40 to effort service at another location.
Tin an attorney appear in County Civil or Pocket-size Claims court?
Yes, even though attorneys are non required in pocket-size claims court, you lot or the opposing political party may rent an attorney.
Where can I obtain the quaternary Judicial Circuit Guild Setting Case Management?
https://world wide web.jud4.org/Elevation-Navigation/Courtroom-Administration/Civil-Case-Management.aspx
Office Information
Small Claims Department
Office Hours
Monday through Friday (excluding holidays): viii:00 a.thou. – five:00 p.m.
Mailing Address
Duval County Clerk of Courts
Attn: Small-scale CLAIMS DEPARTMENT
501 W Adams Street, Room 1054
Jacksonville, FL 32202
Phone
(904)255-2000
Public-service windows for the Small-scale Claims Section are located in the West Antechamber on the Commencement Floor of the Duval County Courthouse.
Contact the Small Claims department
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Source: https://www2.duvalclerk.com/departments/small-claims/