In Pinellas County, FL small claims cases are filed in Circuit Court. Pinellas County has three 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 Pinellas Court System.
The Small Claims Court handles legal cases where the amount in dispute or the value of the property is $5,000 or less, not including costs, interest, or attorney fees.
In Pinellas County, the Small Claims Court follows a two-step process: first, there’s a pre-trial conference, and if needed, this is followed by a final hearing.
In these cases, the person filing the lawsuit is called the plaintiff, while the person being sued is known as the defendant.
The Small Claims Court handles various types of disputes, such as:
For guidance on how to file your claim, please refer to the Small Claims Filing Instruction Sheet. You can find this sheet online at www.mypinellasclerk.org, or you can pick one up at the Civil Court Records Office at 315 Court Street in Clearwater, or at the St. Petersburg Branch Office located at 545 1st Avenue North in St. Petersburg.
If your claim is based on a written document, make sure to attach a copy or the relevant part of that document to your statement of claim.
Always remember to bring the original documents related to your case to all court appearances. The court will keep these originals as evidence, so it’s a good idea to have copies for your own records.
Whenever you file any document with the Clerk or the Judge (except for the Statement of Claim), you must send a copy to each attorney involved in the case and to any party that isn’t represented by an attorney. Be sure to include the date you sent the copies and to whom they were sent, followed by your signature.
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.
During the pre-trial conference, you might be asked to participate in mediation. This is a process where a neutral third party, known as a mediator, helps both sides come to a resolution. The aim is to facilitate an agreement that both parties can accept voluntarily. It's essential that you or your attorney have the authority to settle the case without needing to consult further during the mediation.
If you can’t resolve the dispute during the pre-trial conference, you’ll need to show up on the assigned trial date with all your witnesses and any evidence you need to support your case or defend against the claim.
All plaintiffs must attend the Pre-Trial Conference. If you have an attorney, they can attend on your behalf as long as they have the authority to settle the case. However, you cannot skip this hearing in place of your attorney.
If you're a defendant and don’t show up on the scheduled date—either in person or through an attorney—a judgment may be made against you. On the other hand, if you're a plaintiff and you fail to appear, your case might be dismissed for lack of prosecution.
For corporations, it’s important to note that they must be represented at every hearing by an attorney, a corporate officer, or an authorized employee. If someone else tries to represent the corporation, it could lead to the case being dismissed or a default judgment being entered. Any employee representing the corporation needs to have a notarized statement from a corporate officer or a notarized resolution from the Board of Directors.
If the defendant has any claims against the plaintiff that come from the same situation as the plaintiff's claim, these must be filed in writing at least five days before the pre-trial conference. If the counterclaim exceeds the court's limit of $5,000 (not including costs, interest, and attorney fees), it must also be submitted in writing before or at the pre-trial hearing. In that case, the case will be moved to the appropriate court that can handle it. To show good faith, the party filing the counterclaim must deposit an amount with the Clerk to cover the filing fee for the new court. If this deposit isn’t made, the right to transfer the case will be waived.
If you’re the plaintiff and decide to dismiss your case at any point, you’ll need to file a Notice of Voluntary Dismissal form or a signed written notice with the Clerk’s Office to officially state your intention to dismiss.
If you and the other party reach a settlement during the proceedings, the plaintiff should inform the Clerk’s Office in writing. If a hearing or trial has been scheduled, you should also notify the judge’s office about the settlement. Lastly, don’t forget to inform the Clerk in writing if your mailing address changes at any time during the process.
During the trial, you have several opportunities to present your case: 1. You can tell your story to the judge. 2. You can ask the other party any questions related to the claim. 3. You can show any documents or photos discussed during the pre-trial conference to help explain your side of the story. 4. You can call witnesses to support your case.
Don't hesitate to speak with the judge—remember, they are there to ensure fairness for everyone involved.
This is the judge’s official decision on whether a party is entitled to the damages requested in the small claims lawsuit. The winner of the case is referred to as the Judgment Creditor, while the loser is known as the Judgment Debtor. The judgment grants the winner certain legal rights, such as a lien on the debtor’s non-homestead property, the ability to have the Sheriff seize personal property, garnishment rights, and other legal privileges. Keep in mind that the court does not collect any money on your behalf; it's up to you to pursue your judgment. You may want to consult an attorney for advice on how to collect what you are owed.
If either party wishes to request a new trial, this must be done within ten days after a jury verdict or the filing date of a judgment in a non-jury case. You can check with the Clerk for instructions on how to proceed.
Either party can appeal the judgment within thirty days after it has been issued. It's advisable to consult with an attorney if you're considering an appeal, as these are rarely successful. It can be very difficult to overturn a judgment unless the small claims proceedings were recorded and transcribed by a court reporter.
If you have any questions about procedures, the Clerk's office is there to help. However, please note that we cannot provide legal advice.
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 Pinellas 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.
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