SMALL CLAIMS COURT CLINICS

Christopher B. Hopkins

Akerman Senterfitt

Palm Beach County Bar Association

May 8, 2012

PALM BEACH COUNTY BAR ASSOCIATION

Established 1922 1601 Belvedere Road, Suite 302E

West Palm Beach, Florida 33406 Telephone (561) 687-2800 www.palmbeachbar.org Email: info@palmbeachbar.org

Palm Beach County Lawyer Referral Service

West Palm Beach: (561) 687-3266

Boca Raton/Delray Beach: (561) 451-3256

The Florida BarProtecting Rights, Pursuing Justice, Promoting Professionalism

651 East Jefferson Street

Tallahassee, Florida 32399-2300

Telephone: (850) 561-5600

www.floridabar.org

Christopher B. Hopkins

B.A. in Religion from University of RichmondM.T.S. from Wesley Theological SeminaryJ.D. from Tulane Law

Shareholder at Akerman Senterfitt

Lawyer | Mediator | Arbitrator

InternetLawCommentary.com

Legal Disclaimers

Not the views of the Florida Bar, the Palm Beach County Bar Association, or any committee

General Information

Not Legal Advice

Small Claims Court Clinics

Show people how to handle matters on their own without having to hire an attorney.

AREA COURTHOUSES(PALM BEACH COUNTY)

South County Courthouse

200 West Atlantic Avenue

Delray Beach, Florida 33444

(561) 274-1588

Palm Beach Cty Courthouse

205 North Dixie Highway

West Palm Beach, FL 33401

(561) 355-2500

North County Courthouse3188 PGA BoulevardPalm Bch Gardens, FL33418(561) 624-6650

Belle Glade Courthouse38844 State Road 80Belle Glade, Florida 33430(561) 996-4843

AREA COURTHOUSES(BROWARD COUNTY)

North Regional Courthouse

1600 West Hillsboro Boulevard

Deerfield Beach, Florida 33442

(954) 831-1209

Broward County Courthouse

201 S.E. 6th Street

Ft. Lauderdale, Florida 33301

(954) 831-5622

WAYS TO AVOID DISPUTES

Communicate Clearly* Say what you want to say* Listen

Document Clearly* Date, Time, Name, Discuss

ReadIf Do Not Understand, Do Not Sign – Seek

Legal Advice

Ways to Resolve Disputes

Communication

* Face to Face

* Telephonic

* Letter

* E-Mail

Mediation

Pre-Filing Small Claims Mediation

Community Mediation Network

Allows citizens an opportunity to attempt to resolve

disputes through mediation before filing suit.

Free mediation for disputes < $5,000 ($30 contribution)

www.communitymediation.us

(561) 729-5111

Mediation (Continued)

Dispute Resolution Center

Supreme Court Building

Tallahassee, Florida 32399

850-921-2910  

www.flcourts.org

OPTIONS IN A DISPUTE

Physical Confrontation / Altercation

Walk Away and Move on

Settle

Litigate in the Courtroom

Confrontation / Altercation

Depending on your skill, may lose

May get injured

May get arrested and go to jail!

May get sued for damages

Walk Away and Move On

Move on to Bigger and Better Things

No Additional Costs Involved

You Still Have your Health

Settle

Create your own destiny

Avoid the uncertainty of the Judge

Save Money, Time and Emotion

No worry about collection

Litigate in the Courtroom(This is why you are here)

In the Correct Court

In the Correct Place

Have the Correct Person

Have the Correct Facts

Have the Correct Proof

Use the Correct Logic

Public Resources at Our Disposal

LIBRARIESLaw LibraryUniversity Library

INTERNETwww.floridabar.orgwww.mypalmbeachclerk.comwww.15thcircuit.co.palm-beach.fl.uswww.leg.state.fl.us

Other Public Information

Florida Small Claims Rules

Rules - 7.010 – 7.300

Forms - 7.310 – 7.350(Google search “Florida Small Claims Rules”)

Florida Statutes

Venue - Chapter 47

Service - Chapter 48http://www.leg.state.fl.us/Statutes/

Self Service Center

The Self Service Center is offered by the Clerk & Comptroller’s Office to help individuals help themselves in the court process. The goal is to provide a friendly, informative environment to guide you through the court system. The Self Service Center is open Monday to Friday from 8:00 a.m. to 5:00 p.m. at the Palm Beach County Courthouse in Room 2.2209. User friendly forms ($1.00/minute).

Interactive forms (Small Claims and Evictions) Public Access Terminals Lawyer Referral

In the Correct Court(Subject Matter Jurisdiction)

Small Claims Court is Civil – Not Criminal

Money Damages less than $5,000.00 (not including court costs)

Not a Federal Case

In the Correct Place(Venue)

Where Does the Defendant Reside: Where the Individual Resides Where the Corporation Maintains an Office

Where the Action Accrued:

● The Last Event/Where Are Actual Damages

● Where is the Money Owed

Where the Property is Located:

In the Correct Place (Continued)(Venue)

Contracts:

Where Entered Into

Where Contract Provides

●Promissory Notes:

Where Signed by the Parties

Where Payment is to be Made

Have the Correct Person(Personal Jurisdiction)

Serve the Correct Defendant

Individual (15 years of age or older)Corporation (Registered Agent)

Registered AgentFlorida Department of Statewww.sunbiz.org(850) 488-9000

Officer/Director

Have the Correct Facts(The Claim Should be Simple & Sweet)

K I S S

Keep

ItSimple and

Sweet

WHO DID WHAT TO WHOM AND WHEN

Have the Correct Proof

Contract or Other Written Agreement

Oral, Written or Implied

● Statutes

(i.e., Bad Check, Security Deposit)

● Negligence

Use the Correct Logic(The Statement of Claim)

First Write out the Issues and Facts

Proofread and Rewrite

Have Neighbor, Friend, Family Member Read and Provide Constructive Criticism

Typing is Better than Handwriting

Use the Correct Logic(The Breathing Evidence)

Should be Credible

Should be Competent (Experts)

Hearsay Not Allowed (No Affidavits/Letters)

Use the Correct Logic (Continued)(The Inanimate Evidence)

Paper Evidence

Contracts

Invoices

Checks

●Visual Evidence

Photographs

Video

At the Courthouse

Papers to be Brought

Statement of Claim (3 Copies)

Contract/Invoice Exhibits (3 Copies)

Defendant’s Address/Service Information

● Money

Filing Fee

Service of Process Fee

Filing Fees (Palm Beach County)

Claims of less than $100 - $55.00Claims of $100 or more, but less than $500 -

$80.00Claims of $500 or more, but less than $2,500 -

$175.00Claims of $2,500 or more, but less than $5,000

- $300.00Issuance of Summons - $10.00

At the Courthouse (Continued)

Prepare to Wait (Book, Newspaper, Other)

Have Papers in Order and Ready to File (Exhibits Properly Attached and Marked)

Clerk is Unable to Give Legal Advice – Don’t Ask and Don’t be Insulted.

Serving the Defendant(Service of Process)

Process ServerSheriff of Palm Beach County: ~ $25.00Private Process Server (Yellow Pages):~ $35.00

● Certified Mail Return Receipt W/Green CardUpon Florida Resident signed by the Defendant, orsomeone authorized to receive mail at the residence or

principal place of business of the Defendant

Follow-Up With Process Server For Status

Time to Contemplate

DefendantPotential Loss and RiskCall Plaintiff, then Follow Up in WritingConsider Counterclaim

● PlaintiffListen/Read As To Defendant’s PositionConsider Potential Loss and Risk

Jury Trial: Within 5 Days After Service of Notice of Suit or at the Pretrial Conference - by Defendant

When Mailing to Court/Judge

I certify that a copy hereof has been furnished to (here insert name or names and address or addresses) by (delivery) (mail) on ....(date)......

____________________

Party or party’s attorney

Fla. Sm. Cl. R. 7.080(e)(1)

The Pretrial Conference(This is Not Your Trial)

The Right Stuff

Be in the Right Place

Be at the Right Time

Be Dressed in the Right Clothes

Shorts Are A No No

Business Casual is a Yes Yes

Lightweight Jacket for Comfort

The Pretrial Conference (Continued)(This is Not Your Trial)

More of the Right Stuff

Bring Copies of What you Filed

Bring List of Witnesses

Bring Your Calendar

Defendant May Bring Money

Bring Moral Support if Necessary

Do Not Bring Witnesses

Corporate Plaintiff/Defendant

A corporation may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee authorized in writing by an officer of the corporation. Fla.Sm.Cl.R. 7.050(a)(2).

The Risk of No Shows at the Pretrial Conference

Plaintiff

Dismissal

Fees and Costs

● Defendant (After Proper Service)

Default

Default Judgment

● Defendant (With No Service): Continuance

Pretrial Conference Procedures

Continuances in Writing With Good Cause Rules of Evidence Apply Although Liberally

Construed The court may not instruct any party not

represented by an attorney on accepted rules of law. The court shall not act as an advocate for a party. Fla. S. Cl. R. 7.140(e)

Mediation

Preparing For Trial

Observe an Earlier Trial

Dress is Business Casual

Know Where to Sit

The Day You’ve Been Waiting For - TRIAL

Arrive Early Focus

Be Prepared

Be Short & Simple

Be Respectful

Be Organized (Papers, Argument, Story)

● Speak When Spoken to and Listen

● Plaintiff First then Defendant

Defenses to Plaintiff’s Claim

Accord & Satisfaction Arbitration Bankruptcy Contributory

Negligence Discharge Duress

Estoppel Improper Service Waiver Wrong Court Statute of Frauds Statute of Limitations

After Trial

Decision Will be Mailed Judgment is Only a Piece of Paper Make Demand for Payment Certify then Record Judgment Docket a Judgment Lien Certificate After 30

Days (www.sunbiz.org)

Enforcement Tools - Plaintiff

Execute on Real Property Seize Personal Property Garnishment of Wages and Bank Accounts Hearing in Aid of Execution. Fla. Sm. Cl. R.

7.221(a) Fact Information Sheet Costs of Collections are Awarded If paid, Satisfy Judgment

Defense Tools - Defendant

Do Not Pay Appeal to the Circuit Court File Bankruptcy Fraudulent Transfers Should be Avoided Offer Payment Plan

The Time is Yours Now

Cannot Give Legal Advice to Specific Legal Questions

Cannot Answer Questions About Specific Issues