Property Damage Cases In Small Claims Court: What Is It, How Did I Get Here, & What Do I Do?
For most people who aren’t lawyers, court is court. Pop your head into most courtrooms throughout the state of Florida and you will see the same cast of characters: Judges, lawyers, and courtroom personnel.
But to most people’s surprise, not every court is the same and often times those involved in litigation have no idea why they are in one court versus another.
In property damage suits, our homeowner and contractor clients can sometimes find themselves in a strange little world called “Small Claims Court”.
First, A Little Background…
For all intents and purposes, a civil lawsuit is when one party brings a legal action against another party and the dispute is over money. A legal dispute over property damage insurance benefits is a civil lawsuit.
Civil lawsuits where the amount in dispute is greater than $15,000 (excluding attorney’s fees, costs, and interest) are heard before the Circuit Court. Civil lawsuits where the amount in dispute is $15,000 or less (excluding attorney’s fees, costs, and interest) are heard before the County Court.
For civil lawsuits, regardless of whether you are in Circuit Court or County Court, the parties will both abide by the same rules: The Florida Rules of Civil Procedure (among others). These rules not only provide uniformity between the civil courts but layout the procedural framework for civil litigation.
However, there is a world, just beyond our realm, where things seem familiar at first glance but are not: Small Claims Court.
What Is Small Claims Court?
Ok, so maybe it’s not the ‘Twilight Zone’, but Small Claims Court does differ slightly from their sibling courts. A subset of County Court, Small Claims Court are for civil lawsuits where the amount in dispute is $5,000 or less (excluding attorney’s fees, costs, and interest).
Intended to handle minor legal disputes between parties, Small Claims Court is quite literally the ‘People’s Court’. Often times, due to the $5,000 amount in controversy limit, many litigants in Small Claims Court are unrepresented by an attorney and as such, the rules governing this world are “modified” and meant to be more accessible to everyday people dealing with everyday disputes.
These rules are simply called: Florida Small Claims Rules.
Now while Small Claims Court may appear to be a simpler, more accessible and easier to navigate than Circuit or County Court, this is not always the case, especially for property damage claims. There are varying degrees of similarities and differences between Small Claims Court and Circuit/County Court.
For homeowners and contractors operating under an Assignment of Benefits, navigating the Small Claims Rules can be equally as complex as the standard rules of procedure found in Circuit/County Court.
Did You Know…
– Under the Florida Small Claims Rules, the Small Claims Court must set the case for trial no more than 60 days after the date of the Pre-Trial Conference.
– Under the Florida Small Claims Rules, unless ordered by the Court, the Defendant does not need file any response to your Statement of the Claim.
At Cohen Law Group, we have experience handling property damage cases in Small Claims Court and can assist you there as we would in any other case. Having a strong legal team is important no matter what court you are in. Contact us today to discuss your case.
COHEN LAW GROUP
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