Small Claims Court, Be your own lawyer
Small Claims Court Be your own lawyer is a resource guide Service of the Injury lawyers of Free legal Shield Attorney Referral Service. The goal of Free Legal Shield Attorney Referral Service is to offer the legal consumer information to help you understand the law and the role of Injury a lawyers as officers of the court. In small claims court you can be your own lawyer. Here you will find some helpful tips about small claims court. Free Legal shields' lawyers are available for support assistance and guidance thru the process.
Small claims court offers ordinary people the chance to resolve small disputes at a low cost and without a lot of complication. With a little education, you can represent yourself without a lawyer from start to finish in small claims court.
A small claims case is a legal action filed in county court to settle minor legal disputes among parties where a certain dollar amount is involved. This amount differs by state but it can be as little as $5,000 or less, excluding costs, interest, and attorneys' fees.
Any forms that have been approved for statewide use are located in the rules of court procedure for Florida or Georgia. The clerk of court may also be able to provide you with copies of the appropriate forms. many civil lawyers have these forms available and can help you fill them out.
Small claims cases should be filed with the clerk of court in the appropriate county. Filing fees for small claims actions are established in the Florida or Georgia Statutes and local county ordinances, and are subject to change by legislative action.
After you file your small claims case, each person or business you are suing must be served with a summons or notice to appear in small claims court on the date and time scheduled when you initially filed your claim. Additional fees are required for service of process on the parties being sued.
The court cannot collect money damages for you. You may wish to consult with a Free Legal Shield Lawyer, attorney or law firm for advice on how to collect a judgment.
Florida Small claims Court information
Small Claims are heard in County Court.
Statutes: Florida Rules of Court: Small Claims Rules, No. 7.010-7.350.
Dollar Limit: $5,000.
Where To Sue: Where defendant resides or injury occurred. For contract cases, where contract entered into or, if applicable, where contract provides. Where unsecured note was signed or where maker resides. In suit to recover property, where property is located.
Service: Peace officer or court-appointed disinterested adult. Certified mail with return receipt (Florida defendants only).
Hearing Date: Trial date within 60 days after pre-trial conference.
Georgia Small Claims Court Information
Georgia has no Small Claims Court. Cases are heard in Magistrate Court.
- Statues: Georgia Code Annotated Title 15, Ch. 10, Sections 1, 2, 40-53.
- Dollar Limit: $15,000.
- Where To Sue: Where defendant resides.
- Service: Constable or court-approved disinterested adult.
- Hearing Date: Set by court.
- Attorneys: Allowed.
- Transfer: If defendant counterclaims for more than $15,000; to appropriate court depending on amount.
- Appeals: By either side for new trial; to Superior Court within 30 days.
- Special Provisions: Equitable relief available. No jury trial. Court may order installment payments. Defendant must answer complaint (in writing or orally) within 30 days to avoid default.Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia.
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