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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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