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1. What is a small claims case?

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 $8,000 or less, excluding costs, interest, and attorney fees.

2. Is an attorney necessary?

No. 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.

3. Who can file a small claims case?

Any person(s) 18 years or older or any individual doing business as a company, may file a small claims case. 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, or the signatures must be notarized.

4. What does it cost to file a small claims case?

Filing fees for small claims actions are determined by Florida Statutes and are subject to annual change by legislative action. Fees also vary in accordance with the dollar amount of the claim and type of action.

Other fees are required for service on the parties sued and are dependent on the type of service selected. Filing fees may be made by check or money order. The Clerk's Office also accepts Visa, MasterCard, American Express and Discover cards. A current Schedule of Service Charges is available in any Clerk's Office location or visit the Fee Schedule page.

5. What information is needed to file a small claims case?

It is important that the claim is filed against the right party. The additional time spent researching the correct name could make a difference in the ability to collect on any judgment entered by the court.

Copies of any contracts, notes, leases, receipts, or other evidence in support of the claim must be furnished for each person sued and the court. The originals must be brought to the first court appearance. A full explanation of the reason for the small claims action will be necessary.

6. Is information needed for suing someone other than an individual?

If someone other than an individual is sued, additional information is needed to complete the required forms. For example, if the individual doing business as a company, a partnership where there are several people doing business as a company, or corporation.

7. What happens after the filing of a small claims case?

After the filing of a small claims case, each person or business sued must be served with a Summons and Order to appear in court on the date and time scheduled when the claim was filed. This court date will be a pre-trial conference and parties should be prepared to present their cases in court.

At the pretrial conference mediation is ordered if both parties to the dispute are present and unable to settle their dispute. A mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. Mediation is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties. Mediation is confidential.

If the dispute cannot be settled at the pre-trial conference, a trial date will be scheduled by the court. The parties must appear at the trial with all witnesses and documentation. At the trial, both parties will have an opportunity to explain the case to the judge, ask the other party any questions concerning the claim, present documentation as discussed at the pre-trial conference, and call witnesses.

8. Why use mediation?

Reasons the Judge will require mediation:

• Mediation is economical
• Settlement is viewed as fair by both parties
• One court meeting
• No need to subpoena evidence or witnesses and depend on their presence at trial
• No extensive trial preparation
• Preserves personal and business relationships
• Allows debtors to arrange repayment plans, avoid a judgment, and preserve credit reputation
• Protects privacy and avoids the publicity of trial
• Both parties remain in control and participate in a "win-win" solution
• The agreement is final and the dispute resolved

9. Is a jury trial possible in a small claims case?

Yes, a trial by jury may be requested by the person filing the Small Claims case, upon written demand at the time the case is filed. The person being sued may request a jury trial within 5 days after service of notice or at the pre-trial conference.

10. What happens to the case if a settlement is reached?

If, at any time in the proceedings a settlement is reached by the parties, the person who filed suit must notify the Clerk's Office by filing a voluntary dismissal.

11. How does a party collect on any judgment?

There are various steps and processes for collecting, view the Collecting on a Judgement page.

12. May a lien be filed against the defendant's property?

If a party chooses to place a judgment lien against any individually owned real property of the defendant, following the entry of a Judgment, that party should obtain a certified copy of the judgment and have it recorded in the Official Records in the Clerk's Recording Division. Fees for recording are set by statute and are subject to change by legislative action. Contact the Clerk's Office for current fees.

13. How do I find out IF there is a capias or bench warrant out for my arrest?

The Clerk’s Office cannot give out any information on capiases or bench warrants. Effective 10/1/2022, all active warrants, capiases, active orders for arrest including Writs of Bodily Attachment will not be viewable to the public on the Clerk of Court’s website pursuant to Florida Rule of Judicial Administration 2.420(c)(6).  

To review the details of your most recent court hearing, you may access https://scorss.citrusclerk.org/ and view the Court Order Disposition located in the case.   Some cases may require you to register as a party and submit a user agreement to our office to view your case.   

 

To obtain information on capiases or bench warrants  you may try one of the alternative options below.

• If you have an attorney, you should contact him or her to obtain further information.
• If you are on probation, contact your probation officer.
• Obtain or view a copy of your driving record at https://services.flhsmv.gov/dlcheck/ 

Did you fail to appear for a court hearing? If you did not appear for court, it is possible the Judge may have issued a capias. You can motion the Judge to request for the court date to be rescheduled and recall any potential capias issued, contact your attorney, or contact your probation officer.