Small Claims Court in Okaloosa County

In Okaloosa County, FL small claims cases are filed in Circuit Court. Okaloosa County has two Circuit 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 Okaloosa Court System.

Small Claims

Small Claims Court is a part of the County Court designed to help people resolve smaller legal issues without a lot of hassle. If the amount of money you're disputing is $8,000 or less (not including court fees, interest, or attorney fees), this is the place for you. It’s often called a “people’s court” because you don’t need a lawyer to file or defend a case—though you can bring one if you want.

Types of Cases Are Handled in Small Claims

Here are some common examples:

• Unpaid credit card bills
• Overdue rent
• Unpaid personal or business bills
• Other civil disputes under $8,000 that don’t belong in Circuit or County Court

Where can I get the forms needed to file

The forms needed to file a small claim case are available on our website or at the Clerk’s Office. The “Statement of Claim” form will tell the other party why you are suing and the amount of the claim. If this form is signed outside of our office, it needs to be notarized. It can also be signed in the presence of a Deputy Clerk here at the Clerk’s Office.

Serve the Documents

Once your summons is issued by the Clerk’s Office, you’ll need to have it served to the defendant. You have three options:

1. Certified Mail

• Use certified mail if the defendant lives in Florida.
• The cost varies depending on the postage per defendant.
• This method cannot be used for defendants outside of Florida.

2. Sheriff’s Office

• In Okaloosa County, the Sheriff charges $40 per defendant, payable when you start your case.
• If the defendant lives outside Okaloosa County or Florida, contact the Sheriff’s Office in their area for fees and specific requirements.
• For details about Okaloosa County Sheriff fees, visit their Civil Process Division.

3. Private Process Server

• Hire a private process server to deliver the summons.
• Costs vary, so contact the server directly for pricing.
• You can find reputable process servers through the Florida Association of Professional Process Servers (FAPPS).

The Small Claims Case Process

Handling a small claims case involves a few key steps. Here's an overview:

1. Filing the Case
   • Submit the required forms, including the Statement of Claim, to the Clerk’s Office.
   • Pay the necessary filing fees.
2. Serving the Defendant(s)
   • Ensure the defendant receives the summons and complaint through certified mail, the Sheriff’s Office, or a private process server.
3. Pre-Trial Conference
   • Both parties meet in court to discuss the case.
   • The goal is to settle the dispute without going to trial.
   • If an agreement is reached, the case is resolved here.
4. Trial (If Needed)
   • If no settlement is reached, the case proceeds to trial.
   • Both parties present evidence and arguments to the judge.
5. Judgment Issued
   • The judge makes a final decision based on the case's facts and evidence.

Things to Keep in Mind

• Every case is different, and certain factors—like reaching a settlement at the pre-trial conference—can speed up or simplify the process.
• Delays or postponements may occur depending on the circumstances of your case.

Filing a Small Claims Case

When filing a small claims case, it’s essential to ensure you’re suing the correct party, especially if the defendant is a business.

Steps to Follow:

1. Identify the Proper Party
   • If you’re suing a business, use the Florida Secretary of State website to find the business’s Registered Agent.
   • The Registered Agent is the person or entity authorized to receive legal documents on behalf of the business.
2. Prepare Your Complaint
   • Clearly state your claim and the amount you’re seeking.
   • Attach any supporting documents (like contracts, invoices, or receipts) when you file your complaint. These attachments will be included in the serve/return documents sent to the defendant.
3. File the Case
   • Submit your forms and attachments to the Clerk’s Office.
   • Pay the required filing fees.

Service of Process

Before your case can move forward, the person or business you’re suing must be served with the legal documents. Here's what you need to know:

Key Requirements for Service:

1. Accurate Information
   • You need the correct name of the person, business, or corporation you’re suing.
   • Include their current address and, if possible, their phone number to assist with locating them.
2. Completion of Service
   • A hearing cannot proceed until the defendant has been properly served.
   • If the defendant is not successfully served, the case may be delayed.
3. What If Service Fails?
   • If the first attempt at service is unsuccessful, you can try again once you have a new address for the defendant.
   • Ensure the address provided is accurate to avoid further delays.

Proper service is a critical step in moving your case forward, so double-check all information before filing.

Small Claims Fees & Costs

Here is a breakdown of the fees involved when filing a small claims case, as well as additional costs you may encounter during the process. Please note that these fees may change due to legislative updates.

Initial Filing Fees:

• Claims of $1,000 or less (with replevin of property): $130
• Small claims less than $100: $55
• Small claims $100 - $500: $80
• Small claims $500 - $2,500: $175
• Small claims $2,500 - $8,000: $300

Other Fees:

• Additional defendant(s) (more than five, per defendant): $2.50
• Attorney pro hac vice: $100
• Enforcement of foreign judgment service fee (in addition to filing and recording fees): $42
• Payment plan contract fee: $25
• Recording fee – first page: $10
• Recording fee – each additional page, per page: $8.50
• Reopen fee – claims up to $500: $25
• Reopen fee – claims over $500: $50
• Subpoena issuance (sign and seal only, per subpoena): $2
• Subpoena preparation and issuance (prepare, sign, and seal), per subpoena: $7
• Summons issuance (sign and seal only, per summons): $10
• Summons preparation and issuance (prepare, sign, and seal), per summons:** $17
• Writ issuance (garnishment, replevin, attachment, and distress writs), per writ: $85

Payment Options:

You can pay fees using the following methods:

• Bank check
• Cash
• Credit/Debit Card (A 3.5% transaction fee will be charged by MyFloridaCounty)
  • American Express
  • Discover
  • MasterCard
  • Visa
• In-state business check
• Money order
• Personal in-state check(with proper identification)

Payment Instructions:

• Payments must be made in U.S. currency.
• Do not send cash through the mail. Please make sure to verify fees before filing and ensure payments are made accordingly.

Pre-Trial Conference

After filing your case, you’ll be assigned a Pre-Trial Conference date. This is a crucial step in the process where both parties meet to attempt to resolve the dispute. Here's how it works:

Pre-Trial Conference

1. Attendance is Mandatory
   • Both the plaintiff (you) and the defendant must attend in person unless the County Judge allows you to appear by phone.
   • If you, the plaintiff, do not attend, the case will be dismissed.
   • If the defendant does not attend but you are present, the court may issue a Default Judgment in your favor.
2. Defendant Not Served
   • If the defendant hasn’t been properly served, the case will not proceed.
   • You’ll need to request the Clerk to issue a new summons and arrange for service again.
3. Outcome of the Conference
   • If both parties attend, the court will encourage a settlement during the conference.
   • If a settlement is reached, the case is resolved without needing a trial.
   • If no agreement is made, the court will schedule a trial date.

The pre-trial conference is an opportunity to settle disputes quickly, but it’s essential to come prepared and ensure all parties are properly notified.

Trial

If your case proceeds to trial, the Judge will serve as both the Judge and the Jury, meaning they will:

• Evaluate the evidence presented by both parties.
• Decide the facts of the case.
• Issue a final judgment based on the law and the evidence.

There is no jury in small claims court, so the trial is often quicker and less formal than in other courts. Prepare to present your case clearly and concisely with all relevant evidence and witnesses.

Witnesses

Witnesses can play an important role in your trial by providing testimony to support your claims. Here’s what you need to know:

Bringing Witnesses to Trial

• Allowed at Trial Only: Witnesses are permitted to testify during the trial but not at the pre-trial conference.

If a Witness Won’t Come Voluntarily

• You can request a subpoena from the Clerk’s Office to legally require their attendance.
• Fees for Subpoenas:
  • $2.00 for issuing the subpoena.
  • $40.00 for the Sheriff to serve the subpoena (fees may vary depending on the county).

Steps to Subpoena a Witness

1. Request the subpoena from the Clerk’s Office.
2. Pay the service and issuance fees.
3. Ensure the subpoena is properly served to the witness, typically by the Sheriff.

Bringing witnesses who can clearly support your claims strengthens your case, so plan ahead to ensure their attendance.

Judgments

If the judge decides in your favor, they will issue an order requiring the defendant to pay the amount awarded. However, it’s important to understand that:

• The Court Does Not Collect Judgments:
  • It’s your responsibility to collect the money owed. The court and Clerk’s Office will not take steps to enforce payment.
• Options for Collecting Your Judgment:
  • File a Lien: This can attach to the defendant’s property and may eventually result in payment when the property is sold.

Settlement

If you and the other party agree to a settlement after filing your small claims case, it’s important to officially notify the Clerk’s Office. Here’s what you need to do:

1. Notify the Clerk’s Office:
   • You must inform the Clerk in writing that you’ve reached a settlement.
   • This lets the court know that you no longer wish to continue with the case.
2. Impact of Settlement:
   • Once the Clerk is notified, the case will be dismissed.
   • The settlement is considered final, and no further action will be taken by the court regarding that case.

Settling a case can save time and resources, but make sure the Clerk’s Office is properly informed so the case can be closed officially.

Satisfaction of Judgment/Lien

Once the defendant has paid the judgment in full, you must take the following steps to officially acknowledge that the debt has been satisfied:

1. Issue a Satisfaction of Judgment:
   • You are required to provide the defendant with a Satisfaction of Judgment form, indicating that the judgment has been paid in full.
2. File with the Clerk’s Office:
   • Submit a copy of the Satisfaction of Judgment to the Clerk’s Office to update the court’s records.
3. Notarization:
   • The Satisfaction of Judgment must be signed in the presence of a notary to be valid.
4. Remove Liens:
   • The defendant should take the original signed Satisfaction of Judgment to the Clerk’s Office to remove any liens that were placed against them as part of the judgment.

Completing this process ensures that the judgment is fully resolved and that any liens are lifted, clearing the defendant’s record.

Let Squabble Help You With Your Small Claim at Okaloosa 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 Okaloosa 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. Okaloosa County Courthouse

101 East James Lee Blvd.
Crestview, FL 32536
(850) 689-5000
https://www.okaloosaclerk.com/smallclaims/

BUILDING HOURS

• Monday - Friday 8:30AM - 4:30PM, except court holidays.

2. Courthouse Annex Extension

1940 Lewis Turner Blvd.
Ft. Walton Beach, FL 32547
(850) 651-7200
https://www.okaloosaclerk.com/smallclaims/

BUILDING HOURS

• Monday - Friday 8:30AM - 4:30PM, except court holidays.

CITIES SERVED

• Crestview
• Destin
• Fort Walton Beach
• Laurel Hill
• Mary Esther
• Niceville
• Valparaiso