SMALL CLAIMS COURT CLINICS :SMALL CLAIMS COURT CLINICS Christopher B. Hopkins | Butzel Long, P.C. Palm Beach County Bar Association October 28, 2009


PALM BEACH COUNTY BAR ASSOCIATION :PALM BEACH COUNTY BAR ASSOCIATION Established 1922 1601 Belvedere Road, Suite 302E West Palm Beach, Florida 33406 Telephone (561) 687-2800 www.palmbeachbar.org Email: info@palmbeachbar.org


Palm Beach County Lawyer Referral Service :Palm Beach County Lawyer Referral Service West Palm Beach: (561) 687-3266 Boca Raton/Delray Beach: (561) 451-3256


The Florida BarProtecting Rights, Pursuing Justice, Promoting Professionalism :The Florida BarProtecting Rights, Pursuing Justice, Promoting Professionalism 651 East Jefferson Street Tallahassee, Florida 32399-2300 Telephone: (850) 561-5600 www.floridabar.org


Christopher B. Hopkins :Christopher B. Hopkins B.A. in Religion from University of Richmond M.T.S. from Wesley Theological Seminary J.D. from Tulane Law Shareholder at Butzel Long, a professional corporation Lawyer | Mediator | Arbitrator FloridaLawCommentary.com


Legal Disclaimers :Legal Disclaimers Not the views of the Florida Bar, the Palm Beach County Bar Association, or any committee General Information Not Legal Advice


Small Claims Court Clinics :Small Claims Court Clinics Show people how to handle matters on their own without having to hire an attorney.


AREA COURTHOUSES (PALM BEACH COUNTY) :AREA COURTHOUSES (PALM BEACH COUNTY) South County Courthouse 200 West Atlantic Avenue Delray Beach, Florida 33444 (561) 274-1588 Palm Beach Cty Courthouse 205 North Dixie Highway West Palm Beach, FL 33401 (561) 355-2500 North County Courthouse 3188 PGA Boulevard Palm Bch Gardens, FL33418 (561) 624-6650 Belle Glade Courthouse 38844 State Road 80 Belle Glade, Florida 33430 (561) 996-4843


AREA COURTHOUSES(BROWARD COUNTY) :AREA COURTHOUSES(BROWARD COUNTY) North Regional Courthouse 1600 West Hillsboro Boulevard Deerfield Beach, Florida 33442 (954) 831-1209 Broward County Courthouse 201 S.E. 6th Street Ft. Lauderdale, Florida 33301 (954) 831-5622


WAYS TO AVOID DISPUTES :WAYS TO AVOID DISPUTES Communicate Clearly * Say what you want to say * Listen Document Clearly * Date, Time, Name, Discuss Read If Do Not Understand, Do Not Sign – Seek Legal Advice


Ways to Resolve Disputes :Ways to Resolve Disputes Communication * Face to Face * Telephonic * Letter * E-Mail Mediation


Pre-Filing Small Claims Mediation :Pre-Filing Small Claims Mediation Allows citizens an opportunity to attempt to resolve disputes through mediation before filing a County Civil lawsuit. The Palm Beach County program is $30.00 to the parties www.communitymediation.us (561) 729-5111


Mediation (Continued) :Mediation (Continued) Dispute Resolution Center Supreme Court Building Tallahassee, Florida 32399 850-921-2910   www.flcourts.org


OPTIONS IN A DISPUTE :OPTIONS IN A DISPUTE Fight in the Ring Walk Away and Move on Settle Litigate in the Courtroom


Fight in the Ring :Fight in the Ring Depending on your skill, may lose May get injured May get arrested and go to jail! May get sued for damages


Walk Away and Move On :Walk Away and Move On Move on to Bigger and Better Things No Additional Costs Involved You Still Have your Health


Settle :Settle Create your own destiny Avoid the uncertainty of the Judge Save Money, Time and Emotion No worry about collection


Litigate in the Courtroom(This is why you are here) :Litigate in the Courtroom(This is why you are here) In the Correct Court In the Correct Place Have the Correct Person Have the Correct Facts Have the Correct Proof Use the Correct Logic


Public Resources at Our Disposal :Public Resources at Our Disposal LIBRARIES Law Library University Library INTERNET www.floridabar.org www.mypalmbeachclerk.com www.15thcircuit.co.palm-beach.fl.us www.leg.state.fl.us


Other Public Information :Other Public Information Florida Small Claims Rules Rules - 7.010 – 7.300 Forms - 7.310 – 7.350 Florida Statutes Venue - Chapter 47 Service - Chapter 48


Self Service Center :Self Service Center The Self Service Center is offered by the Clerk & Comptroller’s Office to help individuals help themselves in the court process. The goal is to provide a friendly, informative environment to guide you through the court system. The Self Service Center is open Monday to Friday from 8:00 a.m. to 5:00 p.m. at the Palm Beach County Courthouse in Room 2.2209. User friendly forms ($1.00/minute). Interactive forms (Small Claims and Evictions) Public Access Terminals Lawyer Referral


In the Correct Court(Subject Matter Jurisdiction) :In the Correct Court(Subject Matter Jurisdiction) Small Claims Court is Civil – Not Criminal Money Damages less than $5,000.00 (not including court costs) Not a Federal Case


In the Correct Place(Venue) :In the Correct Place(Venue) Where Does the Defendant Reside: Where the Individual Resides Where the Corporation Maintains an Office Where the Action Accrued: ● The Last Event/Where Are Actual Damages ● Where is the Money Owed Where the Property is Located:


In the Correct Place (Continued)(Venue) :In the Correct Place (Continued)(Venue) Contracts: Where Entered Into Where Contract Provides ●Promissory Notes: Where Signed by the Parties Where Payment is to be Made


Have the Correct Person(Personal Jurisdiction) :Have the Correct Person(Personal Jurisdiction) Serve the Correct Defendant Individual (15 years of age or older) Corporation (Registered Agent) Registered Agent Florida Department of State www.sunbiz.org (850) 488-9000 Officer/Director


Have the Correct Facts(The Claim Should be Simple & Sweet) :Have the Correct Facts(The Claim Should be Simple & Sweet) K I S S Keep It Simple and Sweet WHO DID WHAT TO WHOM AND WHEN


Have the Correct Proof :Have the Correct Proof Contract or Other Written Agreement Oral, Written or Implied ● Statutes (I.E., Bad Check, Security Deposit) ● Negligence


Use the Correct Logic(The Statement of Claim) :Use the Correct Logic(The Statement of Claim) First Write out the Issues and Facts Proofread and Rewrite Have Neighbor, Friend, Family Member Read and Provide Constructive Criticism Typing is Better than Handwriting


Use the Correct Logic(The Breathing Evidence) :Use the Correct Logic(The Breathing Evidence) Should be Credible Should be Competent (Experts) Hearsay Not Allowed (No Affidavits/Letters)


Use the Correct Logic (Continued)(The Inanimate Evidence) :Use the Correct Logic (Continued)(The Inanimate Evidence) Paper Evidence Contracts Invoices Checks ●Visual Evidence Photographs Video


At the Courthouse :At the Courthouse Papers to be Brought Statement of Claim (3 Copies) Contract/Invoice Exhibits (3 Copies) Defendant’s Address/Service Information ● Money Filing Fee Service of Process Fee


Filing Fees (Palm Beach County) :Filing Fees (Palm Beach County) Claims of less than $100 - $55.00 Claims of $100 or more, but less than $500 - $80.00 Claims of $500 or more, but less than $2,500 - $175.00 Claims of $2,500 or more, but less than $5,000 - $300.00 Issuance of Summons - $10.00


At the Courthouse (Continued) :At the Courthouse (Continued) Prepare to Wait (Book, Newspaper, Other) Have Papers in Order and Ready to File (Exhibits Properly Attached and Marked) Clerk is Unable to Give Legal Advice – Don’t Ask and Don’t be Insulted.


Serving the Defendant(Service of Process) :Serving the Defendant(Service of Process) Process Server Sheriff of Palm Beach County: ~ $25.00 Private Process Server (Yellow Pages): ~ $35.00 ● Certified Mail Return Receipt W/Green Card Upon Florida Resident signed by the Defendant, or someone authorized to receive mail at the residence or principal place of business of the Defendant Follow-Up With Process Server For Status


Time to Contemplate :Time to Contemplate Defendant Potential Loss and Risk Call Plaintiff, then Follow Up in Writing Consider Counterclaim ● Plaintiff Listen/Read As To Defendant’s Position Consider Potential Loss and Risk Jury Trial: Within 5 Days After Service of Notice of Suit or at the Pretrial Conference - by Defendant


When Mailing to Court/Judge :When Mailing to Court/Judge I certify that a copy hereof has been furnished to (here insert name or names and address or addresses) by (delivery) (mail) on ....(date)...... ____________________ Party or party’s attorney Fla. Sm. Cl. R. 7.080(e)(1)


The Pretrial Conference(This is Not Your Trial) :The Pretrial Conference(This is Not Your Trial) The Right Stuff Be in the Right Place Be at the Right Time Be Dressed in the Right Clothes Shorts Are A No No Business Casual is a Yes Yes Lightweight Jacket for Comfort


The Pretrial Conference (Continued)(This is Not Your Trial) :The Pretrial Conference (Continued)(This is Not Your Trial) More of the Right Stuff Bring Copies of What you Filed Bring List of Witnesses Bring Your Calendar Defendant May Bring Money Bring Moral Support if Necessary Do Not Bring Witnesses


Corporate Plaintiff/Defendant :Corporate Plaintiff/Defendant A corporation may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee authorized in writing by an officer of the corporation. Fla.Sm.Cl.R. 7.050(a)(2).


The Risk of No Shows at the Pretrial Conference :The Risk of No Shows at the Pretrial Conference Plaintiff Dismissal Fees and Costs ● Defendant (After Proper Service) Default Default Judgment ● Defendant (With No Service): Continuance


Pretrial Conference Procedures :Pretrial Conference Procedures Continuances in Writing With Good Cause Rules of Evidence Apply Although Liberally Construed The court may not instruct any party not represented by an attorney on accepted rules of law. The court shall not act as an advocate for a party. Fla. S. Cl. R. 7.140(e) Mediation


Preparing For Trial :Preparing For Trial Observe an Earlier Trial Dress is Business Casual Know Where to Sit


The Day You’ve Been Waiting For - TRIAL :The Day You’ve Been Waiting For - TRIAL Arrive Early Focus Be Prepared Be Short & Simple Be Respectful Be Organized (Papers, Argument, Story) ● Speak When Spoken to and Listen ● Plaintiff First then Defendant


Defenses to Plaintiff’s Claim :Defenses to Plaintiff’s Claim Accord & Satisfaction Arbitration Bankruptcy Contributory Negligence Discharge Duress Estoppel Improper Service Waiver Wrong Court Statute of Frauds Statute of Limitations


After Trial :After Trial Decision Will be Mailed Judgment is Only a Piece of Paper Make Demand for Payment Certify then Record Judgment Docket a Judgment Lien Certificate After 30 Days (www.sunbiz.org)


Enforcement Tools - Plaintiff :Enforcement Tools - Plaintiff Execute on Real Property Seize Personal Property Garnishment of Wages and Bank Accounts Hearing in Aid of Execution. Fla. Sm. Cl. R. 7.221(a) Fact Information Sheet Costs of Collections are Awarded If paid, Satisfy Judgment


Defense Tools - Defendant :Defense Tools - Defendant Do Not Pay Appeal to the Circuit Court File Bankruptcy Fraudulent Transfers Should be Avoided Offer Payment Plan


The Time is Yours Now :The Time is Yours Now Cannot Give Legal Advice to Specific Legal Questions Cannot Answer Questions About Specific Issues