Small Claims Court in Duval County

In Duval County, FL small claims cases are filed in Civil Court. Duval County has one Civil Courthouses that handle small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Duval Court System.

Small Claims

Small Claims case is a legal action in county court aimed at resolving minor disputes, with claims of $8,000 or less, not including costs, interest, or attorney fees. Since Small Claims court is designed to be accessible, you don’t need a lawyer to file a claim. You can find the necessary forms at the Clerk’s Office.

You can obtain the Statement of Claim form either at the Clerk’s office or online. If you sign it outside the office, it must be notarized, or you can sign it in front of a deputy clerk there. Remember, cases should be filed in the county where the incident occurred; if filed incorrectly, the Defendant can request a change of venue to the right county.

Anyone 18 years or older, or an individual doing business as a company, can file a small claims case. A parent or guardian can file on behalf of a minor child. All parties involved in the claim must visit the Clerk’s Office to sign the required paperwork in front of a deputy clerk, although forms are also accepted if they are properly notarized.

Cases Handled in Small Claims Court

Small Claims Court handles various disputes, including:

• Breach of written or verbal contracts
• Recovery of down payments
• Property damage from car accidents
• Loss or damage to personal belongings
• Complaints about defective products or poor services
• Payment issues for services rendered
• Claims related to bounced checks
• Unpaid rent disputes
• Recovery of a tenant’s security deposit

Filing

When filing a Small Claims case, it's crucial to ensure you're suing the correct party. Before you submit your claim, make sure you have the accurate names and addresses of all parties involved. If you're suing a business, reach out to the Secretary of State at (850) 245-6051 or visit www.sunbiz.org to find the necessary information to serve your summons to the corporation's Registered Agent. Additionally, if you have any supporting documents, be sure to provide the court with one copy for the file and another for each Defendant, as this is required.

Summons and Service Fees

Your summons must be served either by a certified process server or via certified mail. In Duval County, having the Sheriff serve it costs $40.00 per defendant, and payment must be made separately in cash, a cashier’s check, or a money order made out to the Duval County Sheriff. If the defendant lives outside Duval County, you’ll need to reach out to the Sheriff in their county for service instructions and fees.

If you prefer to use Certified Mail for service, you'll need to cover the postal charges incurred by the Clerk. This option is available only for defendants residing in Florida.

If the defendant isn’t served, you can request an alias summons from the Clerk, which comes with a $10.00 fee for each defendant. Keep in mind that the Sheriff will still charge $40.00 for serving the summons within Duval County.

Pretrial

When your case is filed, you'll receive a pretrial date that all parties must attend. The Clerk will call your case, and if both parties are present, they'll ask the defendant whether they admit or deny the debt. If the defendant hasn’t been served, you can try again by obtaining an alias summons from the Clerk, which costs $10.00 for each defendant.

Mediation

Mediation can occur during your scheduled pretrial conference. This process involves an impartial mediator who helps facilitate discussions between the parties to resolve their dispute, without dictating the outcome. It’s informal and non-adversarial, aiming for a mutually acceptable agreement.

In mediation, the decision-making lies with the parties involved, and negotiations are primarily conducted by them, though attorneys can participate if desired. If no full agreement is reached, the unresolved issues will be set for trial. Remember that mediation communications are confidential, except where legal disclosure is required or permitted.

Trial

If you and the defendant choose not to mediate, be prepared to present your case in court. If the dispute isn't settled during the pretrial conference, the court will schedule a trial date for your case. You must attend the trial with all witnesses and documentation supporting your claim.

During the trial, you'll have the chance to explain your case to the Judge, ask the defendant questions related to your claim, and present the documentation you discussed at the pretrial conference.

Fees

Here’s a summary of general fees:

• Certifying copies in public record: $2.00 per instrument
• Copies (up to 14 in. by 8.5 in.): $1.00 per page
• Copies (more than 14 in. by 8.5 in.): $5.00 per page
• Exemplified certificates: $7.00
• Issuing and filing a subpoena for a witness: $7.00
• Signing and sealing: $2.00
• Clerk's certificate: $7.00
• Record search (per year): $2.00
• Sealing court file/expungement: $59.00
• Restitution payments (per payment): $3.50
• Partial payments (per month): $5.00
• One-time administrative fee for payment plan: $25.00
• Daily interest on judgments: varies
• Microfilm copies (16mm, 100' or less): $42.00
• Microfilm copies (35mm, 100' or less): $60.00
• Audio tape duplication: $5.00
• Video tape duplication: $10.00
• CD/DVD duplication: $5.00

County Civil - Transfer of Lien (Money) Fees

• Transfer of lien: Equal to the sum of all applicable fees
• Amount of claim: Varies
• Court Costs: $500.00
• Interest for three years: Varies
• Making and serving the certificate: $20.00
• Recording certificate of transfer of lien to bond: $10.00
• Clerk fee for each additional lien: $10.00
• Each additional lien: $10.00
• Each page beyond the first: $8.50

County Civil - Fee Schedule

• Foreclosure (up to $25,000): $300.00
• All non-eviction County Civil cases: $55.00
• Small claims up to $100.00: $80.00
• Small claims from $101.00 to $500.00: $175.00
• Small claims from $501.00 to $2,500.00: $300.00
• Small claims from $2,501.00 to $8,000.00: $130.00
• Small claims up to $1,000.00 w/Replevin: $2.50
• Additional filing fee for each defendant over five: $10.00
• Issuing a summons (each): $295.00
• Cross-claims, counter-claims over $2,500: $100.00
• Attorney appearing pro hac vice: $8.50
• Bond approval: $70.00
• Foreclosure sale: Varies
• Foreign judgment (additional filing fee): $42.00
• Court-ordered mediation services: $60.00
• Postal charges (certified/registered mail): Varies
• Proceedings of garnishment (writ): $85.00
• Proceedings of Attachment, Replevin, Distress: $85.00
• Deposit into court registry: 3% of first $500 + 1.5% of each subsequent $100
• Removal of tenant action: $185.00
• Reopen civil action (claims up to $500.00): $25.00
• Reopen civil action (claims over $500.00): $50.00
• Subpoena (prepare, sign, and seal): $7.00
• Issuance of writs (e.g., Writ of Possession): $7.00

After Filing

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 court with the date and time of the hearing. You will have the opportunity to take advantage of the County Court Mediation Program.

This program provides you the opportunity to resolve the dispute without returning to court for a trial. You should be prepared to present your case in court if you and the defendant do not select to mediate the case. If the dispute cannot be settled at the pretrial conference a trial date will be scheduled by the court for your case to be heard. 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 defendant(s) questions concerning your claim, present your documentation as discussed at the pretrial conference hearing.

Judgment

• If a settlement is reached between the parties at any point in the proceedings, the plaintiff must notify the Clerk of Court’s office in writing about the settlement.
• The Clerk’s Office provides an information sheet in the Small Claims Packet that outlines options for collecting on a judgment. Since collections can be complex, it may be helpful to consult an attorney for guidance. Keep in mind that the courts do not handle the collection of judgments on your behalf.

Collect Judgment

The court does not collect money damages for you, so you may want to consult an attorney for advice on collecting your judgment. Alternatively, you can file your judgment with the Secretary of State for further action. For more information, visit www.sunbiz.org or call 1-850-245-6000. The address for the Department of State, Division of Corporations Judgment Lien Filings is P.O. Box 6250, Tallahassee, FL 32314.

File a Lien against the Defendant’s Property

If you decide to place a judgment lien against the defendant’s individually owned real property after winning your judgment, you should obtain a certified copy of your judgment and record it in the official records at the Clerk of Courts' recording division. Recording fees are set by statute and may change due to legislative action, so it’s best to contact the Clerk’s office Recording Department for the current fees.

Courthouse Locations:

Duval County Clerk of Courts

501 West Adams Street, Room 1054
Jacksonville, FL 32202
(904) 255-2000
https://www.duvalclerk.com/departments/civil-court-services/small-claims#open

BUILDING HOURS

• Monday - Friday 8:00AM - 5:00PM, except court holidays.

Let Squabble Help You With Your Small Claim at Duval County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Duval County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.