Small Claims Court in Palm Beach County

In Palm Beach County, FL small claims cases are filed in Civil Court. Palm Beach County has Five 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 Palm Beach Court System.

Small Claims

Small claims are disputes over money where the amount in question is $8,000.00 or less, not including costs, interest, and attorney's fees. To understand what types of cases fall under the County Court’s jurisdiction, you can refer to Chapter 34 of the Florida Statutes.

In Small Claims Court, you have the option to represent yourself, or you can choose to have an attorney assist you. Even if you decide to handle the case on your own, an attorney can help guide you through the legal process.

The forms needed to start a Small Claims case can be purchased at the Clerk of the Circuit Court & Comptroller's Self Service Center.

Remember to include your name, address, and phone number on every document you file with the court.

Cases Handled in Small Claims Court

• Small Claims Court deals with a wide range of disputes, including:
• Breaches of written or verbal contracts
• Recovering down payments
• Property damage from car accidents
• Loss or damage to personal property
• Complaints about defective products or poor-quality services
• Payment issues for services provided
• Claims involving bounced checks
• Disputes over unpaid rent
• Recovering a tenant’s security deposit

General information

• Suing an Individual:
  • When suing an individual, it's essential to have their exact name and address.
• Suing a Corporation:
  • To sue a corporation, you'll need the corporation's exact name as it's registered with the Division of Corporations in Tallahassee, along with the name and address of the Registered Agent who can be served. You can get this information by calling 1-850-488-9000 or visiting the Division of Corporate Information’s online center.
• Suing a Partnership or an Entity Operating Under a Fictitious Name:
  • If you’re suing a partnership or an entity doing business under a fictitious name (d/b/a), you need the name and address of the person or entity behind the fictitious name. For partnerships, you'll also need the names and addresses of all the partners.

Remember, you cannot sue a fictitious name itself since it’s not a legal entity or person. It’s your responsibility to find out if individuals, partners, or corporations are operating under a fictitious name. The Division of Corporate Information can provide details on who is registered to do business under specific fictitious names.

Filing a Claim

To start a Small Claims case, you need to file a Statement of Claim. This form should include:

• The name(s) and address(es) of the person or parties you are suing.
• The amount of money you are seeking.
• A brief explanation of why you are suing.
• Your own name, mailing address, and telephone number.

Make sure to include this information to avoid having your case dismissed. The court must be able to locate you to proceed with the case.

According to Small Claims Rule 7.050: If your claim is based on a written document, you must attach a copy or the relevant portion of the document to the Statement of Claim.

Documents Pertaining to Your Suit

If you have any contracts, invoices, bills, receipts, letters, or other documents that are relevant to your case, make sure to bring one copy for the court file and one copy for each defendant. Additionally, you should bring the original documents to the hearing.

You can file your claim in the following ways:

• In person at any County Civil Court location.
• By mail.
• Electronically through the State of Florida E-filing Portal at www.myflcourtaccess.com.

When you file your case, you’ll be assigned a pre-trial hearing date, which you must attend. If you need help, you can contact the County Civil Court at 561.355.2500.

Redaction of Confidential Information

As a filer of circuit civil, county civil, or small claims court documents, you are solely responsible for ensuring that any confidential information is either redacted or flagged for redaction.

If you're using the Florida Courts E-Filing Portal, you'll need to indicate whether your case-initiating documents contain confidential information when filing in Circuit Civil, County Civil, and Small Claims cases.

Fees

When you file your claim, you'll need to pay filing fees. These fees can be paid in cash, cashier’s check, business check, money order, or attorney’s check, and should be made payable to Joseph Abruzzo, Clerk of the Circuit Court & Comptroller.

You'll also need to pay a Service of Process fee for the Sheriff of Palm Beach County to serve the summons to each defendant. Additionally, you must provide a self-addressed stamped envelope for each defendant. The payment for the sheriff’s service of the summons must be separate from the filing fee and should be made by check, cashier’s check, or money order, payable to the Palm Beach County Sheriff.

If the service needs to be completed outside of Palm Beach County, it's your responsibility to forward the summons and payment to the sheriff or private process server in the other county. Be sure to contact them to confirm the service fee amount and the accepted payment methods.

If you're filing your small claims case by mail, include an extra self-addressed stamped envelope so that document copies and the notice of your pre-trial hearing date can be sent back to you.

Service Fees

• Claims under $100.00: $55.00
• Claims between $100.00 and $500.00: $80.00
• Claims between $500.01 and $2,500.00: $175.00
• Claims between $2,500.01 and $15,000: $300.00
• Claims over $15,001: $400.00
• Claims up to $1,000 with an action for replevin: $130.00

Additional Fees:

• Clerk’s Certificate of Mailing: $7.00
• Attachment, Distress, Garnishment, Replevin: $85.00
• Foreclosure (up to $15,000): $300.00
• Foreclosure (over $15,000): $400.00
• Indexing (more than five defendants, per name): $2.50
• Lis Pendens (first page): $5.60
• Lis Pendens (additional pages, per page): $4.00
• Preparing a record on Appeal (per document): $3.50
• Pro Hac Vice fee: $100.00
• Eviction only: $185.00
• Eviction with damages of $2,500 or less: $185.00
• Eviction with damages between $2,500.01 and $15,000: $300.00
• Eviction with damages over $15,000: $400.00
• Re-open fee (claim not more than $500): $25.00
• Re-open fee (claim over $500): $50.00
• Summons Issued: $10.00
• Preparing, signing, and sealing witness subpoena: $7.00
• Signing and sealing of subpoena only: $2.00
• Certification: $2.00
• Writ of possession (payable to the Palm Beach County Sheriff’s Office): $90.00
• Service of Process by the Palm Beach County Sheriff's Office (per defendant): $40.00
• Appeal from County to Circuit Court: $282.00
• Bond approval fee: $8.50
• Cross-claim, counterclaim, third-party complaint (up to $15,000): $295.00
• Cross-claim, counterclaim, third-party complaint (over $15,000): $395.00
• Court Mediation Program (per person/per session): $60.00

Note: Payments for the Service of Process should be made to the Palm Beach County Sheriff’s Office. For service outside of Palm Beach County, contact the relevant Sheriff's civil office. Always include a self-addressed, stamped envelope for mailing purposes.

Where to File Your Case

When filing a lawsuit in Florida, including Small Claims Court, it's crucial to ensure you are filing in the correct venue to avoid having your case dismissed. Venue refers to the proper location where a lawsuit should be filed.

• Research and Legal Rights: While you can research venue requirements on your own, be aware that incorrect filing could result in losing legal rights if the claim isn’t filed within the legally prescribed time.
• Florida Statutes: For venue rules in Florida, refer to Title VI, Chapter 47 of the Florida Statutes. This section outlines the laws and regulations governing venue for lawsuits based on Florida law. Florida Statutes are available online for your reference.

Service of Process and Pre-Trial Conference

1. Service of Process:
   • Delivery of Documents: All defendants must be served with a copy of the Statement of Claim and the Summons, which includes the date and time of the pre-trial conference.
   • Responsibility: It is your responsibility to ensure proper service of process according to Florida law. General rules are outlined in Chapter 48 of the Florida Statutes, but there may be special rules for specific cases or defendants.
   • Choosing a Server: You can choose between using the County Sheriff or a private process server for service. Each sets its own fees and payment methods. Service of process fees must be paid separately.
   • Return of Service: The Sheriff or Process Server must file a Return of Service or provide it to you for filing. Without a proper Return of Service, the action cannot proceed.
2. Pre-Trial Conference:
   • Preparation: Be ready to present your case, though witnesses are not permitted at this stage.
   • Mediation: If both parties are present, mediation will be ordered. The mediator will help facilitate a resolution, but all statements made during mediation are confidential and cannot be used as evidence if the case goes to trial.
   • If Unresolved: If the dispute is not settled during the pre-trial conference, a trial date will be scheduled. You must attend the trial with all necessary witnesses and documentation.
3. Default Judgment:
   • Failure to Respond: If a defendant fails to respond or appear to defend against the claim, the Clerk may enter a Clerk’s default, or the judge may issue a default judgment against that defendant.

Jury Trial

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

• Rule 7.150 - Jury Trials:
  • Plaintiff’s Request: The plaintiff can request a jury trial by making a written demand at the time of filing the suit.
  • Defendant’s Request: The defendant can request a jury trial within 5 days after being served with notice of the suit or at the pre-trial conference.
  • Waiver: If neither party requests a jury trial within these time frames, the right to a jury trial is considered waived.

Collecting Money Judgments

• Statute of Limitations: In Florida, you have 20 years to collect a judgment.
• Ways to Collect a Judgment: If the debtor doesn’t pay voluntarily, there are two primary methods to collect:
• Seize and Sell Property: You can have the debtor’s personal or real property seized and sold by the sheriff through a "Writ of Execution" and a "Request for a Levy." Garnish Funds: You can garnish money from the debtor’s bank account(s) or paycheck.

Judgment Liens

• Importance of a Judgment Lien: It's often wise to obtain a judgment lien if the debtor owns any real or personal property, regardless of how you plan to collect the judgment.
• Types of Property:
  • Real Property: Includes houses, buildings, or land.
  • Personal Property: Can include items like cars, boats, other vehicles, and jewelry.
• How a Judgment Lien Works: A judgment lien acts as a placeholder, signaling that you have a claim on the debtor’s property. If the property is ever sold, the lien ensures you’re in line to collect what you’re owed.
• Priority of Payment: Creditors who file a judgment lien before you will be paid first, while you’ll have priority over any creditors who file a lien after you.

How to File a Judgment Lien

• For Personal Property:
  • File a Judgment Lien Certificate with the Department of State.
  • Submission Options:
    • Online: Submit the form at www.Sunbiz.org.
    • By Mail: Print the form and mail it to:
      Florida Department of State
      Division of Corporation
      P.O. Box 6250
      Tallahassee, FL 32314
      Include your payment with the form.
• Fees:
  • The fee for a judgment lien on personal property is $20 for one debtor.
  • For each additional debtor, there is a $5 fee.
• Duration of the Lien:
  • A judgment lien on personal property is valid for five years.
  • It can be renewed for an additional five years.

Writ of Garnishment

• Garnishing Wages or Bank Accounts: If you know where the debtor works or where they have a bank account, you might be able to garnish their wages or bank account. It’s a good idea to consult with an attorney to determine if this is the right option for your case.
• Limits on Garnishment in Florida: You can garnish no more than 25% of the debtor’s income if their weekly disposable income exceeds 30 times the federal minimum wage. If their weekly disposable income is less than 30 times the federal minimum wage, their income cannot be garnished at all.
• Federal Minimum Wage: $7.25 per hour.
  • 30 x Federal Minimum Wage: $217.50
  • If the debtor’s take-home pay (after taxes and deductions) is less than $217.50 per week ($1,256.67 per month or $15,080 per year), you cannot garnish their wages.
  • If their income exceeds this amount, you can garnish up to 25% of their wages.

Steps for Garnishing Wages or Bank Accounts

• STEP ONE: File the Motion
  • File a Motion for a "Writ of Garnishment" or "Continuing Writ of Garnishment":
    • Writ of Garnishment: This is used for a one-time garnishment of a bank account or other account.
    • Continuing Writ of Garnishment: This garnishes the debtor’s wages continuously until the judgment is fully paid.
  • Issuance:
    • The clerk can issue a "Writ of Garnishment" immediately.
    • A "Continuing Writ of Garnishment" requires review and signature by a judge, so there will be a waiting period.
  • Filing Fee: $85.
  • Requirements: The proposed writ must match the judgment.
• STEP TWO: Arrange Service
  • Service: After the clerk issues the writ, arrange for service on the garnishee (employer, bank representative, or other responsible party) using the sheriff or a private process server.
• STEP THREE: Response from Garnishee
  • Garnishee's Response: After being served, the garnishee has 20 days to file an answer and serve it on you.
  • Dispute: If you disagree with their answer, file a reply and request a hearing with the judge within 20 days of receiving the garnishee’s answer.
• STEP FOUR: Service on the Debtor
  • Notice: The writ issued by the clerk will include a "Notice to Defendant of Right Against Garnishment of Wages, Money, and Other Property," explaining the debtor’s right to claim an exemption and request the judge to dissolve the writ.
  • Service:
    • Serve the debtor with a copy of the writ, the notice of rights, and, if applicable, the garnishee’s answer. This can be done by mail.
    • If the garnishee files an answer, serve the debtor within 5 days of receiving that answer.
    • If the garnishee does not file an answer within the 20-day period, you must still serve the debtor with the writ and the notice of rights.
  • Certificate of Service: File a certificate of service with the clerk to show you have served the debtor.

Steps to Take When the Judgment is Paid

1. Make Payment:
   • Pay the full amountof the judgment, including any interest and costs associated with the issuance of execution, into the court registry where the judgment was rendered. This should be done before an actual levy of execution is carried out.
2. Satisfaction of Judgment:
   • After the payment, request the clerk to execute and record a satisfaction of judgment. This involves paying the recording charge specified in Florida Statutes section 28.24(12).
3. Effect of Payment and Recordation:
   • Once the clerk has executed and recorded the satisfaction of judgment, any lien created by the judgment is considered satisfied and discharged.

By following these steps, you ensure that the judgment is properly marked as satisfied in the court records, and any lien associated with it is removed.

Let Squabble Help You With Your Small Claim at Palm Beach 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 Palm Beach 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. Main Courthouse

   205 N. Dixie Hwy.
   West Palm Beach, FL 33401
   (561) 355-2996
   https://www.mypalmbeachclerk.com/Home/Components/FacilityDirectory/FacilityDirectory/2/211

   BUILDING HOURS

   • Monday - Friday 8:00AM - 4:00PM, except court holidays.

2. North County Courthouse

   3188 PGA Blvd.
   Palm Beach Gardens, FL 33410
   (561) 624-6650
   https://www.mypalmbeachclerk.com/Home/Components/FacilityDirectory/FacilityDirectory/6/211

   BUILDING HOURS

   • Monday - Friday 8:00AM - 4:00PM, except court holidays.

3. Royal Palm Beach Branch

   200 Civic Center Way Suite 400
   Royal Palm Beach, FL 33411
   (561) 784-1271
   https://www.mypalmbeachclerk.com/Home/Components/FacilityDirectory/FacilityDirectory/12/211

   BUILDING HOURS

   • Monday - Friday 8:00AM - 4:00PM, except court holidays.

4. South County Courthouse

   200 W. Atlantic Ave. Room 1S-124
   Delray Beach, FL 33444
   (561) 274-1588
   https://www.mypalmbeachclerk.com/Home/Components/FacilityDirectory/FacilityDirectory/8/211

   BUILDING HOURS

   • Monday - Friday 8:00AM - 4:00PM, except court holidays.

5. West County Courthouse

   2950 State Road 15 Room S-100
   Belle Glade, FL 33430
   (561) 996-4843
   https://www.mypalmbeachclerk.com/Home/Components/FacilityDirectory/FacilityDirectory/10/211

   BUILDING HOURS

   • Monday - Friday 8:00AM - 4:00PM, except court holidays.