FAQ: The Florida Court System
Is there an advantage in filing in small claims court?
In the Florida court system you cannot choose to file in small claims court. Whether you file in Small Claims, County Civil, or Circuit Civil depends on the size of your case. Small claims filings are for cases with balances of $1.00 to $4,999.99. County Civil cases are for balances of $5,000.00 to $14,999.99. Circuit Court cases are for balances of $15,000.00 and over. The balances are determined without interest and attorney fees.
As a practice note, you could choose to lower your claim amount to under $5,000.00. If you did, the court would not have jurisdiction to award more than that.
How is small claims court different from County or Circuit Civil Court?
The difference begins with how the cases start. In Small Claims Court the Clerk of Court issues a “Notice to Appear” with a Pre-Trial Conference date set forth in the notice. The defendant must be served with the Notice to Appear, and all parties must appear at the Pre-Trial Conference. If the defendant is served and fails to appear, we get a default. If the defendant is not served, we locate a better address, have the clerk reissue the notice, and start over.
At the pre-trial conference the defendant will either admit or deny the debt. Either way, in most counties the judge or clerk will send us to mediation to attempt to resolve the matter. For example, in Orange County (Orlando) and Pinellas County (St. Petersburg and Clearwater) we will be in mediation before we even see the judge. It is always best for us to have settlement authority going into the pre-trial, or at least a phone number and contact person at our client.
With County Civil and Circuit Civil cases the clerk of court issues a 20-day summons. The process server or sheriff must serve the summons on the defendant, who is then required to file a pleading (motion to dismiss or answer) with the court, with a copy to our office.
Can the client appear by phone at trial or mediation?
The general rule for Small Claims cases is yes: the client and other witnesses can appear by phone for both the mediation and the trial. As always, some judges will refuse to allow our clients to appear by phone.
For County and Circuit Civil cases the general rule is no, though it will depend on the opposing party and the judge’s willingness to permit the witness to appear by phone.
As a practice note, it is less effective for the client to attend a trial by phone, as the judge may be less able to judge the credibility of the witness. A judge once indicated that, all things being equal (a “he said, she said” issue), the person sitting before him — not the client on the phone — will more likely win.