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Americans want their day in court.
In Seminole County alone, more than 1,061 civil suits
are
filed each month; the total number of pleadings – or pages – of all the suits
filed this year would cover the floor of the Florida Citrus Bowl three times
over.
Still most civil suits – like most criminal cases – are
settled short of the courtroom; some even on the courthouse steps. Of the 12,726 civil suits (not counting
divorce cases) filed in Seminole County in 2005, only 134 were decided in
a
formal trial. Nine hundred fifty-six additional trials were held in cases filed from 1997 to 2005.
The Civil Courts Division consists of the following
departments:
·
Small Claims and County Civil;
·
Circuit Civil;
·
Probate; and,
·
Marriage Licenses
Civil suits range in size and scope from disputes over an
unpaid bill to disputes over land and title or wrongful death; from a few
dollars to many million. Unlike
civil cases, in which the state serves as prosecutor, civil suits involve
private citizens on both sides; one – the plaintiff – prosecuting a claim
against another – the defendant. It is
the responsibility of the plaintiff to move a case through the system.
Civil cases are classified by dollar amount:
·
Small claims – $5,000.00 or less;
·
County civil –between $5,000.00 and $15,000.00 – are
heard in county court; and,
·
Circuit civil – more than $15,000.00 – are heard in
circuit court.
The majority of the evictions filed are heard in county
court; likewise, the foreclosures are generally heard in circuit court,
however, because of the jurisdictional limit (amount of the mortgage being
foreclosed) some cases could be filed in county court.
Thirteen deputy clerks are assigned to the County Civil
Department; nineteen to the Circuit Civil Department. Both departments are located on the first floor of the courthouse
and are open from 8:00am to 4:30pm, Monday through Friday.
A lease is an agreement to rent property. It may be written or oral. Most are written, however, because oral
agreements can be subject to misunderstandings. A written lease can be in the form of a formal contract or simply
a copy of a letter that states the rights and obligations of both tenant and
landlord. Florida law requires that
most notices to and from a landlord must be in writing, even if the rental
agreement is oral. In cases where there
is no written lease, the term of your rental payment schedule (monthly, weekly,
biweekly) will determine the length of the agreement in the eyes of the law.
What rights do I have as a tenant?
Your rights as a tenant, or as a landlord are spelled out in
Florida Statutes. The following is a
series of citations for your use and information:
·
Florida
Statutes 83.53 (1)(2)(3)
·
Florida Statutes 83.51
·
Florida Statutes 83.52
·
Florida
Statutes 83.56 (1)(a)(b)
·
Florida
Statutes 83.56 (2)(a)
·
Florida Statutes 83.56 (2)(b)
·
Florida Statutes 83.56 (3)(4)(5)
Can my landlord throw me out of my home?
·
Florida Statutes 83.67 (1)(2)(3)
How long is my lease in force?
·
Florida
Statutes 83.46
Either party giving proper written
notice may terminate a lease (with a specific end date), as follows:
Tenancy
Written Notice:
A year-to-year lease not less than 60
days notice;
A three-month lease not less than 30
days notice;
A monthly lease not less than 15 days
notice;
A weekly lease not less than seven days
notice
·
If you have a written rental agreement, read it
thoroughly before signing;
·
If there are any changes to the written rental
agreement get it in writing;
·
Keep receipts/records;
·
Conduct a “walk through” with the landlord before
entering or vacating the premises;
·
Take pictures of any questionable conditions;
·
If you have a problem, it needs to be in writing and in
proper form, see Florida Statutes 83.60.
Small claims are decided in a “People’s Court” setting,
simpler, speedier and more informal than regular county or circuit civil court. Often, in a small claims case, both the
plaintiff and defendant will represent themselves.
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.
You must make your claim in writing, on the “Statement of
Claim” form. You must state the dollar
amount owed. You must name the
defendant, by proper name and complete address. You should explain exactly why you think you are owed the money.
No, it is not necessary to have a lawyer. Small claims court is considered a “Peoples
Court” and a lawyer is not required.
Clerk’s office personnel will provide you with the necessary forms for filing a small claims case.
Any person eighteen years old or older or any individual
doing business as a company may file a small claims case. A parent or guardian may file on behalf of a
minor child. Each person who is a party
to the claim must appear at the clerk’s office to sign the necessary paperwork
in the presence of a deputy clerk. However, if you are filing a
Replevin, that paperwork must be notarized or signed in the presence of a deputy clerk.
Between $55.00 and $255.00, based on the face value of
your
complaint. The sheriff charges $20.00
per defendant to serve a summons.
Filing fees for small claims actions are determined by Florida Statutes
and are subject to change by legislative action. Fees also vary in accordance with the dollar amount of your claim
and the type of action.
For a full schedule of filing fees, click
here.
To file a small claim, the action in dispute must have taken
place in Seminole County, the defendant must reside in Seminole County, or the
contract must have been entered into Seminole County. It is important that you file your claim against the right
party.
Copies of any contracts, notes, leases, receipts or other
evidence you may have in support of your claim must be furnished for each
person you are suing as well as the court.
You will need to bring the originals to your first court appearance. A full explanation of your reason for the
small claims action will be necessary.
You may wish to write this explanation out at home and bring it with you
when you come to the courthouse.
Any time you sue someone other than an individual, there is
additional information needed to complete the necessary forms.
For example, are you suing an individual doing business as a
company, a partnership where there are several people doing business as a
company, a corporation and are they incorporated, or an insurance company? It is important for you to research this
information carefully.
Each person or business you are suing must be served with a
summons or notice to appear in court on the date and time scheduled when you
filed your claim.
At the pre-trial conference, mediation is ordered (if both
parties to the dispute are present and unable to settle their dispute). A mediator acts to encourage and find a the
resolution. It is informal and
non-adversarial. In mediation,
decision-making authority rests with the parties.
If the dispute cannot be settled at the pre-trial conference
(or in mediation), a trial date will be scheduled. You must appear at the trial with all witnesses and documentation
of your claim.
At the trial, you will have an opportunity to explain your
case to the judge, ask the person(s) you are suing questions concerning your
claim, present your documentation as discussed at the pre-trial conference and
call on your witnesses to help explain your case.
The judge will require mediation because mediation is
economical. Both parties view
settlement as fair. There is one court
meeting. You do not need to subpoena
witnesses or evidence and depend on their presence at trial. You do not have to conduct extensive trial
preparation. Mediation preserves
personal and business relationships. It
allows debtors to arrange repayment plans; avoid a judgment, and preserve
credit reputation. Mediation protects
privacy and avoids the publicity of trial.
Yes, a trial by jury may be requested by the person(s)
filing the small claims case [plaintiff(s)] upon written demand at the time the
case is filed. Someone being filed
against [defendant(s)] may request a jury trial within five days after service
of notice or at the pre-trial conference.
The pre-trial hearing is set automatically.
Usually, within 35 to 50 days.
Pre-trial hearings are scheduled only on Tuesdays; trials
throughout the
week.
The pre-trial hearing is not a trial, but it is an important
step in the process. The judge will
review the case and decide whether or not it should go to trial. He also will encourage you to settle. During the trial, the judge will hear the
evidence, take testimony, and issue a final judgment – either in the courtroom
immediately following the completion of the trial, or in writing several days
later.
If, at any time in the proceedings a settlement is reached
between the parties, the plaintiff(s) [person(s) who filed suit] must notify
the Clerk, in writing, of the settlement.
You have several options:
You can record a certified copy of the final judgment in the Official
Records of the county. You can file a
Judgment Lien Certificate with the Department of State and obtain a Writ
of Execution, directing the sheriff to seize and sell the defendant’s
property to settle the debt. Or you can
file a Motion for Garnishment, attaching the defendant’s wages or bank account.
If you choose to place a judgment lien against the
defendant’s property, you should obtain a certified copy of your judgment and
have it recorded in the Official Records of the county. Fees for recording are set by statute and
are subject to change by legislative action.
Contact the clerk’s office for current fees.
Contact the plaintiff and settle the debt. (In some cases, my office will accept
payment on behalf of the plaintiff when the plaintiff cannot be located). Once the debt is paid, you should request
and receive a Satisfaction of Judgment.
The forms are available in my office.
You should record the satisfaction in the Official Records.
The steps through county and circuit civil court are far
more complicated – and time-consuming.
In these cases, the plaintiff is almost always represented by an
attorney.
Again, the lawsuit begins with a complaint. We accept the complaint in my office, and
issue a summons, giving the defendant 20 days or more in which to file an answer.
You should receive a summons, either by mail or by hand,
notifying you of any legal action against you.
If you are still unsure, contact the county or circuit civil
departments. Our case files are
computerized; we can cross-check your name against the files in just a few
seconds. There is no charge.
No.
Again, the fees are based on the face value of the
complaint, and range from $55.00 to $255.00 for a small claim; $80.00 to
$255.00
in county court, and $255.00 in circuit court.
No.
The plaintiff can move for default and summary
judgment, or other relief requested.
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