HELP FILE #6


INFORMATION FOR FILING SMALL CLAIMS SUITS $5,000.00 OR LESS


NOTICE:
Information or forms provided by the Clerk of Circuit Court should be considered as basic
information only and may not be applicable to every situation. The information is not
intended to be used as legal advice. Specific guidance as to how to proceed with filing a
lawsuit or answering a lawsuit and questions about your particular situation should be
directed to a qualified attorney.

THE COUNTY COURT DOES NOT PROVIDE INTERPRETERS OR TRANSLATORS, YOU ARE
RESPONSIBLE FOR PROVIDING YOUR OWN INTERPRETERS OR TRANSLATORS.

LA CORTE DEL CONDADO NO PROVEE INTERPRETES O TRADUCTORES, USTED ES
RESPONSABLE DE PROVEER SU PROPIO INTERPRETE O TRADUCTOR.

FILING FEES AND SERVICE FEES


For all fees pertaining to filing suit, service of summons and other related fees, select the
Fee Schedule button from our internet web site at www.hillsclerk.com.

FILING YOUR CLAIM


The person filing the case is the plaintiff; the person filed against is the defendant. The
proper place to file suit is where the defendant resides or where the action took place. You must
be 18 years old or older to file a suit; otherwise, a parent or legal guardian must file on your
behalf. The Clerk may assist you and provide forms for claims that do not exceed $5,000.00

You can sue an individual, a business or a corporation. If you sue a corporation, you
need the name of the corporation and the name and title of an officer or the name of the
registered agent to receive service of process. If you sue a business, you need the name of the
business and the name(s) of the owner(s). Information on a corporation or a business licensed
under a fictitious name may be obtained by calling the Secretary of State, Corporate Division, 1-
800-755-5111. A fee is charged for information requested by telephone. You may also access
the same information through the Internet by entering WWW.SUNBIZ.ORG, without paying a
fee. In order for the defendant to be served, you must provide an address.

The Plaintiff should sign the claim before a notary or a deputy clerk. When your
signature is witnessed by a deputy clerk, proper picture identification is required and a fee is
charged.

Pursuant to Small Claims Rule 7.050 (a) (2), under certain circumstances, corporations
may be represented by non-lawyers. 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. Written authorization must be brought to the Pre-Trial Conference.

DOCUMENTS NEEDED FOR FILING A SMALL CLAIMS

One original summons

One original Statement of Claims
One self addressed stamped envelope (if the documents are mailed to the Clerks Office)

Any attachments or exhibits in support of the Statement of Claims


SERVICE OF SUMMONS


A Pre-Trial summons and copy of the claim must be legally served on each defendant in
one of the following ways:


1. Personal service by the Sheriff or process server in the county where the defendant
resides. If requested, the Clerk will forward the summons for you to the Hillsborough County
Sheriff. You must bring a money order or cashiers check, payable to the Sheriff. To avoid a
service delay, you may take the summons to the Sheriff's office.


2. Certified mail with restricted delivery. Certified mail can only be used when
defendant resides within the State of Florida and the mail is addressed to the defendant's home
address or post office box. Fees are payable to the Clerk of Circuit Court and may be included
with the filing fees. Service by certified mail may also is valid for a corporation. The letter must
be addressed to the corporation in care of an officer or a registered agent.

The defendant(s) must be served before the Pre-Trial date. If the Sheriff of Hillsborough
County serves the summons, you will be notified of service information if you have completed
the postcard provided by the Sheriff's department and paid the postage. Postcards may be
obtained from the Sheriff's office. The postcard must be submitted with the summons to the
Sheriff's department. If you do not receive notification that the defendant has been served,
please contact the Clerk's office at (813)276-8100, extension 4362, on the day before the
scheduled pre-trial.

COPIES NEEDED FOR SERVICE OF A SMALL CLAIMS

Two copies of the summons per defendant

One copy of the Statement of Claims per defendant

One copy of any attachment of the Statement of Claim per defendant


PRE-TRIAL HEARING


The Pre-Trial hearing is usually scheduled within 15 to 50 days after the case is filed.
The Pre-trial hearing is held for the defendant to admit or deny the claim. Both the plaintiff(s)
and defendant(s) must appear at the date and time stated on the summons. If the plaintiff does
not appear, the Court may dismiss the claim and the filing fee would be forfeited. If the
defendant does not appear, the Court may award a judgment to the plaintiff. If the defendant
appears and denies the claim, the Court may either set the case for final hearing or send the case
to Mediation.

If you are awarded a judgment and payment has not been made by the judgment debtor,
you may research the Florida Statutes to find out methods to collect the judgment. You may
want to begin your research in Florida Statutes 55.


THE COURT DOES NOT GUARANTEE COLLECTION OF YOUR JUDGMENT

If you are a person with a disability who needs any accommodation in order to participate
in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance.
Please contact the ADA Coordinator, Hillsborough County Courthouse, 800 E. Twiggs St.,
Room 604, Tampa, Florida 33602, (813) 272-7040, at least 7 days before your scheduled
court appearance, or immediately upon receiving this notification if the time before the
scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.

11/20/13