Reading this article will teach you how to file a Florida Small Claims Court Case and why hiring a Florida lawyer to help you to prepare the case will save you time, money and aggravation.
It seems like almost everyone has a legal problem these days. In this unstable economy, most claims involve someone not paying what they owe. Debt collection cases crowd the courthouse in one form or another. The sheer number seems to be skyrocketing.
As a Florida lawyer, I cannot tell you how many people contact my law office seeking assistance and guidance for small claims court cases. Right from the start, there is one primary problem with a small claims case. In this article, I will tell you what the chief problem is for a small claims case and what you can do about it.
Florida Small Claims Court: It’s All About the Money
Ever heard of the expression that little people (toddlers) have little problems but big people (teenagers) have big problems? Well the same does not apply to Small Claims Court.
Small claims court cases are not necessarily about small problems. To anyone in small claims court, the problem is real and very big to them. If you are reading this article, you most likely have a small claims case or had one recently. These are real issues and real problems that need resolution.
Often, the only difference with a Florida small claims case and one in the Circuit Court is the digits in the monetary demand. Florida small claims court cases are limited to cases in which the amount owed is $5,000.00 or less. Other than that, the law is the same, the burden of proof is the same, and the time needed to prepare and argue the case can be the same.
Florida Small Claims Court Cases: Pay Now or Pay Later
This is where the chief problem arises for small claims court cases. Often, it does not make financial sense for you to hire a lawyer for small claims court case. It could cost you more to hire a lawyer than what you could recover. This is no fault of the lawyer. The work, preparation and time to handle the small claims case can be the same as a larger case in the Circuit Court.
There are several side-effects for you not hiring a Florida lawyer for a Florida small claims court case. The first and most obvious is you may just give up from the outset and not pursue the claim. Most often, the decision to not pursue the claim is made because you do not know to do and are intimidated by the process. Courthouses are not warm and friendly places. Equally so, courthouse staff regrettably lose empathy over time, can be disinterested, and are prohibited from giving you legal advice. This combination can leave you frustrated, confused and more willing to concede defeat than to seek justice.
The second side effect for you not hiring a lawyer is that if you do it on your own, you will most likely make a mistake along the way. In small claims court, you still must know and adhere to all procedures, rules and laws. The mistake could be one in which procedure is not followed and you would then need to start the case all over again. Or the mistake could be one in which the law is not followed and the case itself is lost without a recovery. In either event, a bad result is obtained and a lot of time and resources have been wasted.
In either of the two situations above, a wrong has not been righted. Justice was not served. The bad guy won because of a lack of effort or knowledge, or because of a technicality. These types of results are unsettling and only motivate the bad guys to continue to do the wrong thing. They learned no lesson nor did they have to pay the price. I would urge you to end that vicious cycle and reverse the trend.
Florida Small Claims Court Consultations and Limited Representation Agreements
I realize if you have a small claims case then you have a need for legal help to get the case properly organized and filed. The problem is how to obtain the help without the legal fees exceeding the value of the case. There is no magic solution. We cannot make your legal claim bigger than what it really is. We also cannot shrink time so the case is handled in time less than what is required. So what is the solution?
The only real solution for a small claims court case is for you to hire a lawyer on a limited basis for a manageable and definite flat fee. You cannot change the amount of time required for a case but you can control the time spent on doing the most important things. In this way, you would hire the lawyer for a consult on how to literally put the complaint together, state a valid legal cause of action, create the summons, file the complaint, and have it served for you. All you would have to do is show up for a Court date once the paperwork is returned. If you feel nervous about Court procedures, what needs to be done during your Court appearance, or how to conduct a trial, you could once again hire the lawyer for a consult on those concerns only. Think of this as training or small claims court school.
By hiring a lawyer on a limited basis, you get the benefit of having a lawyer’s guidance without hiring the lawyer full-time for your case. So until the time that bad guys stop being bad guys or when legal services become free, this is the only sure-fire way to hire a lawyer for a Florida small claims court case.
If you have a need for a Florida smalls claims consult, contact us as Miami lawyers for help. For a small flat fee, we can put your small claims case together and have it filed for you worry-free. This is just one more way where we are thinking outside of the box to help you.
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