A small claims case is a legal action filed in county court to settle minor legal disputes among parties where the dollar amount involved is $5,000.00 or less, excluding costs, interest, and attorney fees. Generally, Florida law gives the person suing the right to file suit in any one of several places as listed below. If the person being sued has been sued in any place other than one of these places, he/she has the right to request that the case be moved to a proper location or venue. A proper location or venue may be one of the following: 1. Where the contract was entered into. 2. If the suit is on an unsecured promissory note, where the note is signed or where the maker resides. 3. If the suit is to recover property or to foreclose a lien, where the property is located. 4. Where the event giving rise to the suit occurred. 5. Where any one or more of the defendants sued reside. 6. Any location agreed to in a contract. 7. In an action for money due, if there is no agreement as to where suit may be filed, where payment is to be made. After the filing of a small claims case, each person or business sued must be served with a Summons or Notice to appear in court on the date and time scheduled when the claim was filed. This court date will be a pre-trial conference and parties should be prepared to present their cases in court. At the pretrial conference mediation is ordered if both parties to the dispute are present and unable to settle their dispute. A mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. Mediation is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties. If the dispute cannot be settled at the pre-trial conference, a trial date will be scheduled by the court. The parties must appear at the trial with all witnesses and documentation. At the trial, both parties will have an opportunity to explain the case to the judge, ask the other party any questions concerning the claim, present documentation as discussed at the pre-trial conference, and call witnesses. |