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Frequently Asked Questions and Answers
My Florida Claim™ offers answers to frequently asked questions about Florida Claims, Legal Document Preparation, and services of the office. review the content below to view questions and answers relating to your questions. Links throughout the answers may guide you to further information on our website or from other sources. Should you have any further needs for additional information, please visit our Contact page or call the office.
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How do I file a claim?
If you would like to file a small claim suit you need to file at the court house in the location where the event took place. If you do not want to file online you can contact us here.
What do I need to bring to court?
Bring as much proof as you can and do your research. Bring documents, bills, estimates, photographs, police reports with you. Make it easy for the judge to see you are correct.
What happens after the hearing?
If you won your case you need to try and collect from the defendant.
What happens if I lose my case?
If you lost the case against the person you filed a small claims suit against you cannot appeal it. If you are the defendant and lost the case you can appeal the decision.
What happens in court? (Plaintiff side)
Once you arrive to court you will wait until the judge calls your name. Once your name is called you will go to the front of the room where the plaintiff will plead their case first. Keep your story simple and short and state the facts.
What if I am being sued and I did not show up to court?
If you do not show up to court a default judgement is filed against you. If you have a good reason for not showing up you can request to get a new hearing by submitting a form called Notice of Motion to Vacate Judgment and Declaration.
What is a default judgement?
If you do not show up to court a default judgement is filed against you which means you automatically lose the case and are required to pay.
What is the process for filing a small claims suit?
Once you file the application with the courts and the defendant is served you can expect to receive a trial date within 6-8 weeks. This can vary depending on the court house.
Below is a list of the most common legal theories for small claims court cases and what you need to prove to establish each one. Before deciding to sue, you should consider whether the facts of your case fit the requirements of at least one of them. Unfortunately, the mere fact that you have suffered a trauma at the hands of another person does not automatically entitle you to a legal judgment. The law must support your contention that you were harmed by the illegal actions of another.
Bad Debt. A type of contract case. To prevail, you need to prove the debt exists, its amount, when payment was due, and that the person you are suing hasn't paid it or has only partially paid it, including Collecting on Personal or Commercial Loans.
Breach of Contract. One or more terms of a valid contract (written, oral, or implied) has been broken by the person you are suing. As a result, you have suffered a monetary loss, including Landlord-Tenant Disputes Cases to Recover Back Rent.
Breach of Warranty. A written or implied warranty (assurance) extended to you by a merchant has been breached and, as a result, you have suffered a monetary loss–for example, a new or used car suffers mechanical problems while still covered by warranty.
Failure to Return a Security Deposit. Another variety of contract case that commonly arises between tenants and landlords. You need to prove that a deposit was made, that it was not returned (or only partially returned), and that the premises were sufficiently clean and undamaged when you left that the landlord owes you some or all of the amount withheld.
Nuisance. Someone's conduct creates a health or safety hazard to you (and perhaps to other neighbors or nearby property owners) or interferes with your ability to use and enjoy your property–for example, a factory makes so much noise that you and other nearby residents are kept awake all night.
Personal Injury. The negligent (careless) or intentional behavior of the person you are suing has caused you to suffer personal injury.
Product Liability. You or your property were injured by a defective product. If so, you qualify for recovery under the legal doctrine of strict liability, which holds the manufacturer responsible for the damages you suffered, without your having to prove negligence.
Professional Malpractice. A lawyer, doctor, or other professional's failure to use the ordinary skills of members of that profession results in you, as a client or patient, being harmed (in the case of a lawyer or accountant, you must suffer a monetary loss).
Property Damage. The negligent (careless) or intentional behavior of the person you are suing has damaged your personal property.
Other legal theories exist. The legal theories listed above are involved in more than 99% of small claims cases. There are dozens of more obscure types of lawsuits, each with its own legal requirements. If your case isn't covered here, you will want to do some research to determine whether your case meets the qualifications of some other legal theory; below you will see the most common types of claims.
+ Repleven -Repossession of Loaned Property Claim
+ Services Performed Improperly Claim
+ Unpaid Rent Claim
+ Damage to Primises and Unpaid Rent Claim
+ Promissary Note Claim
+ Security Deposit Claim
+ Bad Check for Goods of Services Claim
+ Breach of Contract Claim
+ Auto Accident Claim
+ Misc. Claim
What methods of payment do you accept?
We offer multiple payment methods; please select the option that best suits your
individual needs. Once you complete and return the Florida Claim Service Form 
, we will quickly expedite your documents and file your claim with the court. You will not be required to visit the property or leave your own home or office! To receive more information about our products or services; please call today; 888-834-0359. Services available in most Florida counties with local agent support and hospitality.
Pay with Credit/Debit Card: We accept any credit or debit card with a MasterCard, Visa, Discover Network, American Express, Diners Club, or JCB logo.
Pay with Check/Money Order: We also accept personal checks or money orders. We will apply payments by check to the account indicated as soon as we receive it; but not earlier. For information on how to pay, please read our FAQ section regarding How do I make a payment?
* Please make the check or money order payable to "My Florida Claim" and send via postal mail to the address provided on your service invoice.
* Checks must be in U.S. Dollars and drawn from a U.S. Bank.
What are the steps in the Florida Small Claim process and how much does it cost?
For more information on the steps involved and for a summary of the costs involved click the get started button below.
