how to file a lawsuit in florida without a lawyer

by Earline Kuhic 6 min read

Using the small claims court is a way to file a lawsuit in Florida without a lawyer, because the process is a lot quicker and more straightforward than a claim in another court. You appear in court with the person you are suing (the defendant), you both present your side of the argument and the judge decides whether you are entitled to compensation.

Full Answer

How to file a lawsuit without an attorney in California?

How do I start a new lawsuit without an attorney? A lawsuit is commenced by the filing of a complaint. The Northern District of Florida requires pro se litigants to submit their complaint to the Clerk's Office, along with the civil case filing fee or, if they are unable to pay the filing fee, they may request a fee waiver by filing an application to proceed in forma pauperis .

How do I file a small claims lawsuit in Florida?

As with most other states, filing a complaint is the first step to beginning a lawsuit in Florida. This is the document in which you lay out the allegations against the defendant and allege how you have been harmed. Keep in mind that you do not need to try and prove your allegations in the complaint. You are only alleging what happened.

How do I file a lawsuit against a lawyer?

Southern District of Florida Cecilia M. Altonaga, Chief United States District Judge Angela E. Noble, Court Administrator • Clerk of Court. Search form. Search this site ... Filing Without an Attorney . For Pro Se Litigants. How to Request a Volunteer Attorney. Motion For Referral To Volunteer Attorney Program.

Can you sue someone in Florida for breach of contract?

Feb 10, 2022 · Generally, you may file a civil action in the district where any defendant lives or where the claim arose (28 U.S.C. §1391). If that district is the Middle District of Florida, you then must figure out the proper division of the Middle District …

image

How do I start a civil lawsuit in Florida?

To start a case, you will need to file a petition, complaint, statement of claim, or similar document. If someone has brought a case against you, then you may need to file an answer or response with the court.

Can I sue without a lawyer in Florida?

If you are not a licensed lawyer, you may represent only yourself. Representing anyone but yourself is illegal. If you lose your action, you likely will have to pay some costs that the winning party incurred during the lawsuit. Costs can be expensive.

How much does it cost to sue someone in Florida?

Initial Filing FeesFiling TypeCostSmall claims less than $100$55Small claims of $100, up to $500$80Small claims more than $500, up to $2,500$175Small claims more than $2,500, up to $8,000$3001 more row

Can I represent myself in court in Florida?

An individual can represent themselves in Family Court in Florida. It is called a pro se proceeding. There are forms through the courts that are approved by the Florida Supreme Court that can be provided to you to facilitate your representation of yourself.

What can you sue for in Florida?

Florida does have laws that explore the idea of comparative fault and offer the opportunity to open tort lawsuits. Personal lawsuits and car accidents are not exclusive of one another. Personal injury attorneys may focus on dog bites, slip and fall accidents, and even workplace injuries.

How do I sue someone who owes me money in Florida?

If the person who owes you money is in Florida and the amount is $5,000 or less, you can file in small claims court....File your case.Give the originals of all documents to the County Clerk.Write down the case number the clerk provides.Pay any filing fee required.Ask the clerk to sign your summons.

What are good reasons to sue?

Top 6 Reasons to SueFor Monetary Compensation. You can litigate against an entity who has committed some negligent action through which you suffer an injury. ... For Protecting Your Property. ... For Replacing a Trustee. ... For Getting a Divorce. ... For Enforcing the Terms of a Contract. ... For Discrimination and Harassment.

How much is it to file a civil lawsuit in Florida?

Certified mail to defendants residing in the State of Florida only for a fee of $7.33 per defendant....County Civil (Small Claims) Fees.ItemFee AmountSmall claims less than $100.00$55.00Small claims $100 to $500.00$80.00Small claims $500.01 to $2500.00$175.00Small claims $2,500.01 to $8,000$300.0018 more rows

What is the maximum amount you can sue for in small claims court in Florida?

$8,000What's the small claims court dollar limit in Florida County Court? You can ask for up to $8,000 in a small claims action filed in the Florida County Court—the court that handles small claims matters in Florida.

How do I file a lawsuit in Florida?

You, the plaintiff, must file a “Statement of Claim” form, available at your Clerk's office. This must be fully completed and signed to receive a pre-trial conference date. If your claim is based upon written documentation, attach a copy of the contract to the Statement of Claim form. You may file by mail or in person.

Can a friend represent me in court in Florida?

No. Attempting to represent someone else in court if you are not a licensed attorney is called Unauthorized Practice of Law (UPL), and it is a crime everywhere in the United States. In the state of Florida, UPL is a third-degree felony.

Can you be your own lawyer in Florida?

Florida does allow you to have an attorney in the small claims division. Your determination on legal representation will be a personal decision regarding the offset lawsuit amount v. the cost of attorney fees. Be aware that small claims court has its own set of court rules.Jun 2, 2021

How to file a small claims lawsuit in Florida?

To begin a small claims civil lawsuit in Florida, file a Statement of Claim form with the clerk in the county in which the contract was entered, where the event giving rise to the suit occurred, or where the defendant to the suit lives. The clerk of court will tell you what Florida small claims court filing fee is due.

How long does it take to file a lawsuit in Florida?

Florida has certain statute of limitations laws governing time limits for the filing of lawsuits and other civil actions. These range from two to five years, depending on the procedure. A lawsuit for libel or slander must be brought within two years of the date of the incident or discovery of a wrong.

How to contact Florida Secretary of State?

Contact the Florida Secretary of State, Division of Corporations at (850) 488-9000 to get information on a corporation, including the current status of the corporation, the names and addresses of the corporate officers and the name and address of the corporation's registered agent.

How long does it take to get a jury trial in Florida?

You must request this in writing at the time you begin the action. The defendant may also request a jury trial within five days of being served with the Statement of Claim, or at the pretrial conference.

What is a sole proprietorship?

A sole proprietorship is an unincorporated business owned by one person, who may or may not use a trade name. The correct legal party is the individual owner. A partnership is an unincorporated business owned by two or more individuals. Again, the correct legal parties are the partners' actual names.

How much can you sue someone in a county court?

You can sue someone in the county court for matters involving $5,001 up to $15,000. The county court judges are the same as the small claims judges, but they follow a different procedure. The county court judges follow the Rules of Civil Procedure.

How long does it take to get a lawsuit?

Every case is different and, depending on the circumstances, the entire process may take a few months or several years. You have many other methods available to try to resolve a disagreement as alternatives to a lawsuit.

image