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Small Claims

by C.J.
(Jacksonville)

Do I need an attorney in small claims court? I've been sued over a tree job I did for a lady. She says she deserves a refund because we didn't remove all the debris. We (my business partner and I) say that we never told her we would remove the debris, only put it out by the road for the regular trash pickup.

Comments for Small Claims

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Tree Job
by: Staff, FALDP

Here is some information we found about small claims procedures on the Polk County/ 10th Circuit site:

"You should be present and prepared to present your case at the time and date set for your final hearing (trial). You should have with you all of the evidence you are going to present at the trial. This includes all papers and all witnesses you intend to call at trial. If you are not sure that a witness will appear for your trial you should have that witness subpoenaed. If you do not subpoena the witness and the witness does not appear at the trial, the judge will require you to have the trial without that witness. The judge will not let you come back later with more witnesses or more papers after the trial.

At the trial the judge will ask you and the defendant to tell the facts of your case and to go through all the evidence and proof, including having your witnesses testify, if you have witnesses. Then the judge will decide who wins. He may or may not ask questions of each party and the witnesses after they tell their side of the story. Generally speaking, the small claims trial is informal and the judge will simply try to get all of the facts he needs from the parties to make a decision."

The link to that site, if you want to read more is:
http://www.jud10.org/CountyCourt/SmallClaims/claims.htm

Also, as the previous comment states, small claims cases are always put through mediation first. The parties attempt to mediate, if you can't come to an agreement, then you go in front of the judge.

Florida Small Claims Rules of Procedure
by: BRM

No you do not need attorney. Two words against one if nothing written. the judge will try to give both sides something.

There is mandatory mediation before a trial. Be nice, be polite and stay calm. State your position and then it is up to the judge.


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Small Claims?

by Tracy, G.
(Palatka)

I need to sue my ex roommate for some money.  Its only 2000 dollars so its not a lot of money.  I was wondering if you could help me find the forms I would need in small claims court in Putnam County Florida?  Also do you know where they are downloadable possibly for free and in fillable form?

Comments for Small Claims?

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This one I know
by: Lorna

Dear Small Claims,
I don't think any of the circuits provide pdf fillable forms for small claims court. The original complaint in small claims court is called a "Statement of Claim". I don't know about Putnam County but many of the circuits provide a packet for small claims court at the courthouse. Just ask the clerk of court. These packets are usually free or low cost. All that you usually need is the Statement of Claim, and a Summons (in some circuits the clerks prepare the Summons for you).

Good Luck!
Lorna

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Small Claims Discovery

by Kevin
(Bradenton, Florida)

I filed a suit in Small Claims Court for payment of medical services under s PIP policy. The Defendant insurance company's attorney responded with 34 pages of discovery questions inquiring about family history, my educational and work background, and numerous other items not related to the case. Is there a way I can legally not answer these questions?

Comments for Small Claims Discovery

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Discovery Objections
by: Legal Eagles

You have the option to file objections to the discovery requests not legitimately interposed to obtain evidence, not related to the issue.

Discovery Objections
by: Legal Eagles

Yes, you can file objections to each interrogatory you feel is improper. If you need more information contact us at 321-458-1814, thank you.

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Filing small claims against Tire Kingdom

by julie
(sarasota, fl)

Lack of enough oil the tech put into my van caused engine to die. Should the local Tire Kingdom be the Defendant or go to the HQ? If the HQ is in another city, do i file in SRQ or that other city?
If I can not afford to pay to file this law suit, is there a form to file to ask for the cost to be waived? Where to find/print this file?

Comments for Filing small claims against Tire Kingdom

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Who to sue
by: FALDP Staff

Julie,
Your dispute is with a local Tire Kingdom. When initiating a law suit, you generally want to keep jurisdiction convenient to you. It would probably be cumbersome for you to file a law suit in some other county or state, then have to travel there for court hearings. And since your incident occurred in Sarasota, and I gather you live in Sarasota or nearby, then your most convenient forum is Sarasota County. As far as including other parties as defendants, you may want to name the parent company and the local store.

Florida Rules of Civil Procedure
RULE 1.210 PARTIES


(a) Parties Generally. Every action may be prosecuted in the name of the real party in interest, but a personal representative, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party expressly authorized by statute may sue in that person's own name without joining the party for whose benefit the action is brought. All persons having an interest in the subject of the action and in obtaining the relief demanded may join as plaintiffs and any person may be made a defendant who has or claims an interest adverse to the plaintiff. Any person may at any time be made a party if that person's presence is necessary or proper to a complete determination of the cause. Persons having a united interest may be joined on the same side as plaintiffs or defendants, and anyone who refuses to join may for such reason be made a defendant.

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