Small Claims Court in Lee County

In Lee County, FL small claims cases are filed in Civil Court. Lee County has two 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 Lee Court System.

Small Claims

A Small Claims case is a legal process in county court for resolving minor disputes involving claims of $8,000 or less, not including costs, interest, or attorney fees. This court is designed to be user-friendly, so you don’t need a lawyer to file your claim. You can find the necessary forms at the Clerk’s Office.

You can get the Statement of Claim form either at the Clerk’s office or online. If you fill it out outside the office, make sure it’s notarized. Alternatively, you can sign it in front of a deputy clerk at the office. It’s important to file your case in the county where the incident took place; otherwise, the Defendant might ask to move the case to the correct county.

Anyone who is 18 or older, or someone representing a business, can file a small claims case. A parent or guardian can also file on behalf of a minor child. All parties involved need to visit the Clerk’s Office to sign the necessary documents in front of a deputy clerk, but if the forms are properly notarized, those can be submitted as well.

Cases Handled in Small Claims Court

Small Claims Court deals with a range of disputes, including:

• Breaches 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 unsatisfactory services
• Payment issues for services provided
• Claims involving bounced checks
• Unpaid rent disputes
• Recovery of a tenant’s security deposit

Filing

When filing a Small Claims case, it's important to make sure you're suing the right party. Before you submit your claim, double-check that you have the correct names and addresses for everyone involved.

If you're suing a business, you can contact the Secretary of State at (850) 245-6051 or visit www.sunbiz.org to find the information needed to serve the summons to the corporation's Registered Agent. Also, if you have any supporting documents, be sure to bring one copy for the court's records and an extra for each Defendant, as this is a requirement.

Where

When filing a lawsuit in Florida, including in Small Claims Court, it’s essential to ensure that you have the correct venue to avoid having your case dismissed. While you can certainly do your own research, venue can be a complex issue, and improperly filing your claim could lead to a loss of legal rights if you miss the deadline set by law. You can find Florida Statutes online for reference.

This requirement is known as "venue," and various statutes and rules govern it. If your lawsuit is based on Florida law, venue is determined by Florida statutes, which are outlined in Title VI, Chapter 47 of the Florida Statutes.

Small Claims Fees

• Claims less than $100.00: $55.00
• Claims $100.00 to $500.00: $80.00
• Claims $500.01 to $2,500.00: $175.00
• Claims $2,500.01 to $8,000.00: $300.00
• Claims for Replevin under $1,000.00: $130.00
• Claims for Replevin $1,000.01 to $2,500.00: $260.00
• Claims for Replevin $2,500.01 to $8,000.00: $385.00
• Certified mail, per defendant: $8.69
• Additional charge for each defendant over five: $2.50
• Additional certified mail fee if filing through Florida ePortal, per defendant/mailing: $10.00
• Service charge for garnishment, attachment, replevin, and distress: $85.00
• Cross claim, counterclaim, or third-party complaint: $295.00
• Issuance of summons (each): $10.00

After I file the Claim

• Service of Process Responsibility:
  • You must ensure that all Defendants receive a copy of the Statement of Claim and the Summons, which includes the date and time of the pre-trial conference.
• Obtaining Service of Process:
  • It is your responsibility to obtain proper Service of Process according to Florida law.
  • General rules can be found in Chapter 48 of the Florida Statutes, but there may be special rules for certain matters and defendants.
  • You can choose between using the County Sheriff or a private process server for service.
• Fees and Payment:
  • Both the Sheriff’s Office and private process servers set their own fees and have specific payment requirements.
  • Payment for service of process fees is handled separately.
• Return of Service:
  • The Sheriff or Process Server must file a Return of Service or - provide it to you for filing.
  • The action cannot proceed without a proper Return of Service in the file.
• Pre-trial Conference Preparation:
  • Be prepared to present your case, though you cannot present witnesses at this stage.
  • If both parties are present, mediation will be ordered.
• Mediation Process:
  • Decision-making authority rests with the parties, while the Mediator assists in resolving the dispute.
  • All statements made during mediation are confidential and cannot be used as evidence if the case goes to trial.
• Trial Scheduling:
  • If the dispute is not settled at the Pre-trial Conference, a trial date will be scheduled.
  • You must appear at trial with all relevant witnesses and documentation to support your claim.
• Defendant Non-response:
  • If a Defendant fails to respond or appear, the Clerk may enter a Clerk’s default, or the judge may enter a default judgment against that Defendant.

Statue Limitations

• Florida Statutes regulate how long a Plaintiff has to file suit. The length of time varies with the type of matter. If your suit is brought under Florida law, details can be found at Chapter 95.11, Florida Statutes

Jury Trial

You can request a jury trial for your small claims case. According to the Florida Small Claims Rules:

RULE 7.150. JURY TRIALS - A jury trial can be requested if the plaintiff makes a written demand at the start of the suit, or if the defendant does so within five days after being served with notice of the suit or at the pretrial conference. If these conditions aren't met, the right to a jury trial is considered waived.

Mediation

• Mediation Timing: Can occur during your scheduled pretrial conference.
• Role of Mediator: An impartial mediator facilitates discussions between the parties to help resolve the dispute without dictating the outcome.
• Process Nature:
  • Informal and non-adversarial
  • Aims for a mutually acceptable agreement
• Decision-Making:
  • Lies with the parties involved
  • Negotiations are primarily conducted by the parties, though attorneys can participate if desired.
• Outcome of Mediation:
  • If no full agreement is reached, unresolved issues will be set for trial.
• Confidentiality: Mediation communications are confidential, except where legal disclosure is required or permitted.

Trial

No Mediation:

• If you and the defendant decide not to mediate, be ready to present your case in court.

Trial Scheduling:

• If the dispute isn’t resolved during the pretrial conference, the court will set a trial date.

Attendance at Trial:

• You must attend the trial with all relevant witnesses and documentation that supports your claim.

Trial Presentation:

• During the trial, you'll have the opportunity to:
  • Explain your case to the Judge.
  • Ask the defendant questions related to your claim.
  • Present the documentation discussed at the pretrial conference.

Judgment

• Notification of Settlement:
  • If a settlement is reached between the parties at any point during the proceedings, the plaintiff must notify the Clerk of Court’s office in writing.
• Collection Options:
  • The Clerk’s Office provides an information sheet in the Small Claims Packet that outlines options for collecting on a judgment.
• Court’s Role:
  • Remember that the courts do not handle the collection of judgments on your behalf.

Collect Judgment

• Court’s Role:
  • The court does not collect money damages on your behalf.
• Filing with the Secretary of State:
  • You have the option to file your judgment with the Secretary of State for further action.

File a Lien against the Defendant’s Property

• Placing a Judgment Lien:
  • If you want to place a judgment lien against the defendant’s individually owned real property after winning your judgment, you need to obtain a certified copy of your judgment.
• Recording the Judgment:
  • Record the certified judgment in the official records at the Clerk of Court’s recording division.
• Recording Fees:
  • Recording fees are set by statute and may change due to legislative action.
  • It’s best to contact the Clerk’s Office Recording Department for the most current fees.

Judgment is Paid

Here’s a summary of what to do if the judgment is paid, based on Florida Statute 55.141:

• Payment of Judgment:
  • All money judgments rendered in Florida can be satisfied at any time before the actual levy of execution.
  • To satisfy the judgment, you need to pay the full amount due, including interest and any costs associated with issuing the execution, into the court registry where the judgment was rendered.
• Clerk’s Responsibility:
  • Upon receiving the payment, the clerk will execute and record a satisfaction of judgment in the official records, provided you also pay the required recording charge (as outlined in s. 28.24(12)).
• Effect of Payment:
  • Once the clerk records the satisfaction, any lien created by the judgment is considered satisfied and discharged.

Let Squabble Help You With Your Small Claim at Lee 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 Lee 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.

Courthouse Locations:

1. Lee County Clerk of the Circuit Court & Comptroller

2075 Dr Martin Luther King Jr Blvd.
Fort Myers, FL 33901
(239) 533-5000
https://www.leeclerk.org/

BUILDING HOURS

• Monday - Friday 8:30AM - 5:00PM, except court holidays.

2. Lee County Courthouse

1700 Monroe St.
Fort Myers, FL 33901
(239) 461-2000
https://www.ca.cjis20.org/About-The-Court/Locations/leecounty.aspx

BUILDING HOURS

• Monday - Friday 7:30AM - 5:00PM, except court holidays.
• Sat., Sun. 7:30AM - 1:00PM, except court holidays.