Collier County Clerk of the Circuit Court
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Small Claims FAQsWhat is a small claim? Small Claims are disputes involving money damages where the amount at issue does not exceed $8000.00 excluding costs, interest, and attorneys’ fees. Examples include:
Who are the parties in a small claims case? The party who files a claim is referred to as the “Plaintiff“. Any person 18 years or older or any individual doing business as a company may file a Small Claims case. The party who is sued is referred to as the “Defendant“. A claim must designate the proper Plaintiff(s) and Defendant(s). The determination of the proper party will depend on whether the party is a person or a business and how that business is set up. Failure to name the proper parties may result in the rejection of the claim or in a defective (unenforceable) judgment.
You can get information on corporations from the Florida Division of Corporations by going to their online information center . You should determine the correct name and address of the Registered Agent for service of process. How are parties named? Here are some examples:
*For Partnerships – Make sure to obtain one of the partner’s name and address. For Limited Partnerships – Make sure to obtain the registered agent’s name and address. You will need this to serve the Registered Agent.
These are some examples of invalid party names:
**If you need to find out information on a company or fictitious name, records may be researched online at www.sunbiz.org . Do I need to hire an attorney? While you can hire an attorney, it is not required for small claims cases in Florida. The process is designed to be accessible to individuals without legal representation. Where can I locate the forms needed to file my case? Small Claims forms are available through the Self-Help Center and the Clerk’s Website. In what county do I file my Small Claims Case? A person or company has the right to file a suit in this county if one or more of the following took place in Collier County:
A defendant has the right to request that the case be transferred to another county and the Court will rule on the request. What forms will I need to complete?
What is a registered agent? A registered agent is an individual or entity whose duty it is to receive important legal documents on behalf of a business entity. The registered agent serves as the business’s main point of contact so it must have a physical address in the state where the business operates. How do you find a registered agent for serving a business? You can locate registered agent information for a business through the Florida Division of Corporations at Sunbiz.org. Where/How do I file my case? In Person: At the Main Court House located at 3315 Tamiami Trail E, Naples, Fl 34112
Electronically: Via the Florida Courts e-PORTAL
Once the case has been eFiled, and the clerk has issued the summons, you will receive an email from DoNoReply@Collierclerk.com with the issued summons(es) only. How much will it cost to file a Small Claim? Filing fees for small claims actions are set forth in the Florida Statutes. Fees vary in accordance with the dollar amount of your claim and the type of action. It is best to refer to the Clerk’s website at for filing fee information based on the amount of the claim you are filing.
What happens after my case is filed?
Why is getting your defendant’s name correct so important when opening a new Small Claim case?
How do I FIND and PRINT the documents needed to serve the defendant(s)? Your small claims case is scheduled for a pre-trial conference. For the defendant to know about the court case, the defendant must be served. You may elect to have the defendant served by the Collier County Sheriff’s office or to have the clerk send service by certified mail. **IT IS YOUR RESPONSIBILITY TO MAKE SURE THE DEFENDANT(S) IS NOTIFIED.** To print out the Notice to Appear for Pretrial (summons) and/or your Statement of Claim and attachments: Access your case on the clerk’s website at www.collierclerk.com , select the green Record Search button to begin your Court Record Search. After you find your case, you can print the appropriate documents. Cost of Copies: If you want the Clerk’s office to make copies of the documents needed for service you will need to pay $1.00 per page for this service. At Self-Help when you are filling out the forms to be filed, the clerk’s office only charges .15¢ How do I have the defendant served? Before filing your case, you will need to decide how to serve the other party. When you do serve the defendant, you must have the notice for pre-trial conference and a copy of the claim served in one of the options below: Deputy Clerk can serve via certified mail for an additional fee of $8.69 each. (See more detail under question 16) In Collier County, call the Sheriff’s Office at (239) 252-0888 for service. If the defendant does not reside in Collier County, call the Sheriff’s Office in the defendant’s county to obtain information on how to complete service. (See more detail under question 17 and 18) Private Certified Process Servers (See more detail under question 19) How do I serve the claim on the defendant using Certified Mail? Before filing your case, you will need to decide how to serve the other party. If the defendant lives in Florida, serving them using certified mail is one option. Remember, when you do serve the defendant, you must have the notice for pre-trial conference and a copy of the claim. Certified Mail – This is not an option for serving out-of-Florida residents. For Florida residents, you will need to provide:
To calculate the fee for the certified mailing view the Certified Mail Postage Guidelines in the Small Claims resource section. You will pay that additional fee when you pay your filing fees. The Clerk’s office will mail the service package to the defendants. Note that your summons is not considered served until the Clerk receives the signed return receipt. Certified mail may be used more than once to attempt service of a summons and each attempt at service with this method requires another pretrial summons and payment of the certified mail fee. How do I serve the claim on the defendant using the Collier County Sheriff Office? Before filing your case, you will need to decide how to serve the other party. If the defendant resides in Collier County, serving them using the Collier County Sheriff’s Office is one option. Remember, when you do serve the defendant, you must have the notice for pre-trial conference and a copy of the claim. How do I serve the claim on the defendant using a Sheriff delivery service outside of Collier County? Sheriff’s Delivery outside Collier County – When a defendant lives outside Collier County, it is your responsibility to verify the addresses, payment methods and cost of service before filing your case. Payment must be made to the entity serving the papers, either that county’s sheriff or a process server authorized by the court. To see the list of the sheriff’s offices in Florida, go to the Florida Sheriff List(this will be a hyper link) in the Small Claims section of the Forms page on the clerk’s website. To determine what county a city is located in, you may see a city-county index at City-County Index . The Sheriff or process server is unable to deliver to a post office box address. You will need to provide:
*To calculate the postage, use the Postage Guidelines in the Small Claims section of the Forms page on the clerk’s website at Small Claims Forms. Sheriff’s Delivery outside Florida – When a defendant resides outside the state, it is your responsibility to verify the addresses, payment methods and cost of service before filing your case. You must provide an envelope addressed to the sheriff or process server in the locality where the defendant resides and submit payment for the sheriff’s or process server’s service fee payable to that sheriff or process server. The envelope must have the Clerk’s return address and the amount of postage needed to mail the “service package” (copy of statement of claim, copy of attachments, and pretrial notice with date of hearing) to that sheriff’s office or process server. To calculate the postage, use the Postage Guidelines in the Small Claims Resource section on the clerk’s website. How do I serve the claim on the defendant using a Private Process Server? You may also choose to hire a private process server to serve the defendant(s) of your case with the service package. A list of Certified Process Servers is available on: www.ca.cjis20.org/services/cps.aspx . How do I serve an Insurance Company?
What if the defendant has not been served? If the defendant is not served, you will need to attempt service again by obtaining submitting an alias summons.
You will be required to pay for all Summons/Notices to Appear for Pretrial Conference ($10 for each defendant for the issuance of the summons). You may either choosing a different method of service (i.e., sheriff’s service instead of certified mail), or finding a better address for the defendant. How long does it take to get a pre-trial date for a small claims case? Once your case is successfully filed with the court you will receive a notice at the counter with your pre-trial hearing date and time. The pre-trial conference will be scheduled between 35-50 days from the date you file your claim. Appearance at the pre-trial hearing is mandatory.
What is a Pretrial conference? A Pretrial conference is an informal process to determine if there is a cause of action. Once your case is filed, a pretrial date will be set. You will be given the pretrial conference date, time, room number and name of the judge assigned to your case.
Can I request a jury trial in a small claims case in Florida?
What happens if a settlement is reached during Pre-Trial Conference/Mediation?
What happens at Trial? The trial hearing is a formal proceeding where the plaintiff and the defendant will get a chance to explain their case to the Judge. Both sides may also present supporting evidence and any witness testimonies to the judge. At the trial you will, ask the person(s) you are suing questions concerning your claim, present your documentation and call on your witnesses to explain your case. After hearing both sides of the case and reviewing evidence, the judge typically renders a decision immediately at the end of the trial. If the judge rules in favor of a party a judgment may be issued specifying the number of Damages awarded or any other remedies granted. Keep in mind you may explore available legal Avenues to collect awarded damages, but the court cannot collect money damages for you. Some common rulings that may occur during a small claims trial include:
What is a judgment? A judgment is the written decision of the case signed by a judge. It specifies the prevailing party, monies being awarded, actions to be performed or property to be transferred.
How do I collect my money after receiving a judgment in Small Claims? Methods which may be used to collect on the judgment are:
The court does not collect money damages for you. You may consult with an attorney for advice on how to collect your judgment.
Can I appeal a small claims court decision? Either party is allowed the right to appeal the judgment entered by the County Court Judge within 30 days after it is rendered. The appeal will be heard in a higher court. **Remember, legal procedures and regulations can change, so it’s crucial to consult with a legal professional or check the latest information on the Florida state court website for the most accurate and up-to-date information.** |