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 Bar
Protecting Rights, Pursuing Justice,
Promoting Professionalism
651 East Jefferson Street
Tallahassee, Florida 32399-2300
Telephone: (850) 561-5600 www.floridabar.org

B.A. in Religion from University of Richmond
M.T.S. from Wesley Theological Seminary
J.D. from Tulane Law
Shareholder at Akerman Senterfitt
Lawyer | Mediator | Arbitrator
InternetLawCommentary.com

 Not the views of the Florida Bar, the Palm
Beach County Bar Association, or any committee
 General Information
 Not Legal Advice

 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 Courthouse
3188 PGA Boulevard
Palm Bch Gardens, FL33418
(561) 624-6650
Belle Glade Courthouse
38844 State Road 80
Belle 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. 6 th Street
Ft. Lauderdale, Florida 33301
(954) 831-5622

Communicate Clearly
* Say what you want to say
* Listen
Document Clearly
* Date, Time, Name, Discuss
Read
If Do Not Understand, Do Not Sign – Seek
Legal Advice

Communication
* Face to Face
* Telephonic
* Letter
* E-Mail
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

Dispute Resolution Center
Supreme Court Building
Tallahassee, Florida 32399
850-921-2910 www.flcourts.org

 Physical Confrontation / Altercation
 Walk Away and Move on
 Settle
 Litigate in the Courtroom

 Depending on your skill, may lose
 May get injured
 May get arrested and go to jail!
 May get sued for damages

 Move on to Bigger and Better Things
 No Additional Costs Involved
 You Still Have your Health

 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

LIBRARIES
Law Library
University Library
INTERNET www.floridabar.org
www.mypalmbeachclerk.com
www.15thcircuit.co.palm-beach.fl.us
www.leg.state.fl.us

Rules
Forms
Florida Small Claims Rules
7.010 – 7.300
7.310 – 7.350
(Google search “Florida Small Claims Rules”)
Venue -
Florida Statutes
Chapter 47
Service Chapter 48 http://www.leg.state.fl.us/Statutes/

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 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 Agent
Florida Department of State www.sunbiz.org
(850) 488-9000
Officer/Director

Have the Correct Facts
(The Claim Should be Simple & Sweet)
K I S S
K eep
I t
S imple and
S weet
WHO DID WHAT TO WHOM
AND WHEN

 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

 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

Claims of less than $100 - $55.00
Claims of $100 or more, but less than $500 -
$80.00
Claims of $500 or more, but less than $2,500 -
$175.00
Claims of $2,500 or more, but less than $5,000
- $300.00
Issuance of Summons - $10.00

 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 Server
Sheriff of Palm Beach County: ~ $25.00
Private Process Server (Yellow Pages):
~ $35.00
● Certified Mail Return Receipt W/Green Card
Upon Florida Resident signed by the Defendant, or someone authorized to receive mail at the residence or principal place of business of the Defendant
Follow-Up With Process Server For Status

 Defendant
Potential Loss and Risk
Call Plaintiff, then Follow Up in Writing
Consider Counterclaim
● Plaintiff
Listen/Read As To Defendant’s Position
Consider Potential Loss and Risk
Jury Trial: Within 5 Days After Service of Notice of Suit or at the Pretrial Conference - by Defendant

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

 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

 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

 Observe an Earlier Trial
 Dress is Business Casual
 Know Where to Sit

The Day You’ve Been Waiting For -
TRIAL
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
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

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Accord & Satisfaction
Arbitration
Bankruptcy
Contributory
Negligence
Discharge
Duress
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Estoppel
Improper Service
Waiver
Wrong Court
Statute of Frauds
Statute of Limitations

 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)

 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

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

 Cannot Give Legal Advice to Specific Legal
Questions
 Cannot Answer Questions About Specific
Issues