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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: [email protected]

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
Christopher B. Hopkins
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
Legal Disclaimers

Not the views of the Florida Bar, the Palm
Beach County Bar Association, or any
committee

General Information

Not Legal Advice
Small Claims Court Clinics

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. 6th Street
Ft. Lauderdale, Florida 33301
(954) 831-5622
WAYS TO AVOID DISPUTES
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
Ways to Resolve Disputes
Communication
* Face to Face
* Telephonic
* Letter
* E-Mail
Mediation
Pre-Filing Small Claims 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
Mediation (Continued)
Dispute Resolution Center
Supreme Court Building
Tallahassee, Florida 32399
850-921-2910
www.flcourts.org
OPTIONS IN A DISPUTE

Physical Confrontation / Altercation

Walk Away and Move on

Settle

Litigate in the Courtroom
Confrontation / Altercation

Depending on your skill, may lose

May get injured

May get arrested and go to jail!

May get sued for damages
Walk Away and Move On

Move on to Bigger and Better Things

No Additional Costs Involved

You Still Have your Health
Settle

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
Public Resources at Our Disposal
LIBRARIES
Law Library
University Library
INTERNET
www.floridabar.org
www.mypalmbeachclerk.com
www.15thcircuit.co.palm-beach.fl.us
www.leg.state.fl.us
Other Public Information
Rules
Forms
Florida Small Claims Rules
7.010 – 7.300
7.310 – 7.350
(Google search “Florida Small Claims Rules”)
Venue
Service
-
Florida Statutes
Chapter 47
Chapter 48
http://www.leg.state.fl.us/Statutes/
Self Service Center
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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)
KISS
Keep
It
Simple and
Sweet
WHO DID WHAT TO WHOM
AND WHEN
Have the Correct Proof
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

At the Courthouse
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

Filing Fees (Palm Beach County)
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
At the Courthouse (Continued)

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
Time to Contemplate
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
When Mailing to Court/Judge
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
Corporate Plaintiff/Defendant

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

Pretrial Conference Procedures

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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
Preparing For Trial

Observe an Earlier Trial

Dress is Business Casual

Know Where to Sit
The Day You’ve Been Waiting For TRIAL
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

Defenses to Plaintiff’s Claim

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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
After Trial

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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)
Enforcement Tools - Plaintiff

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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
Defense Tools - Defendant

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Do Not Pay
Appeal to the Circuit Court
File Bankruptcy
Fraudulent Transfers Should be Avoided
Offer Payment Plan
The Time is Yours Now

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Cannot Give Legal Advice to Specific Legal
Questions
Cannot Answer Questions About Specific
Issues