Orlando Small Claims Attorney
Did you know, that pursuant the Florida Small Claims Rules, a small claims court lawsuit may be started simply by providing the Clerk of Court with a statement of your claim? Sounds simple right? In fact, writing a small claims statement of claim can be complicated. The three most frequent reasons clients hire me as their Orlando small claims attorney are: 1. people are unable to navigate the court system on their own (it can be a maze without proper guidance), 2. writing the statement of claim, notice to appear, and other documents for small claims court Orlando is not something people do everyday without help, and 3. collecting and putting together their evidence in a convincing and meaningful way to conform with the rules and restraints of the Florida Small Claims Rules is best done by a skilled attorney.
Lawsuits generally are best left to the legal professionals that are trained to litigate small claims legal matters. There are many times when your case may be better settled before or during mediation, or even up until the time of trial. An Orlando small claims attorney can help position you to receive the best deal possible whether you are the plaintiff or the defendant.
I do not mean to be too colorful with my analogies, but would you rather employ a dentist for your fillings, or read online about how to fix your tooth issues online and then give it your best shot? Wouldn’t you prefer a dentist? This is like reading about how to win a small claims case, but have you ever presented evidence at trial? Do you have significant experience with settling claims for high dollar values? Have you ever written a complaint for damages? What is your cause of action? Orlando small claims lawyer Jonathan Jacobs has experience with the Florida Small Claims Rules. He can you win your case and advise you as to your best options every step of the way.
Florida Small Claims Rules
Consider also hiring me from the opposing perspective. Suppose you are being sued in small claims court by an unscrupulous person or company that does not have a rightful claim to your money. They might expect to steamroll you in court because they do not believe you have an attorney or the means to fight back and protect yourself from their weak and speculative claim for damages. In that case, as the defendant, you should consider hiring me as your Orlando small claims attorney to help you prove your defenses to the Judge. The earlier in the process you hire me, the better your chances of reducing or eliminating your damages. The Florida Small Claims Rules provide for timelines and deadlines for offering counterclaims and certain defenses. This means that time is of the essence. If you happen to delay until it is close to the date of your trial, you may not be able to put forth legitimate defenses that could have significantly impacted the case in your favor.
Here is a fun fact, pursuant to Florida Small Claims Rule 7.070, the method for service of process in Florida small claims court can be by Certified Mail through the United States Post Office. I still from time to time recommend my plaintiff clients employ a process server to ensure service is made on the defendant(s), but it is technically not necessary.
The Florida Small Claims Rules also provide that the court will provide the parties with a hearing date. The summons/hearing date document will let you know that before the court proceeds to trial on a small claims case, there will be a court-ordered pre-trial conference. In small claims court, a pre-trial conference is more of a mediation where the parties may arrive at an agreement/stipulation on how to resolve their issues on their OWN terms without allowing a judge to decide their case.
Small Claims Jurisdictional Limit
Small claims court goes up to $5,000. However, in 2020, Small Claims in Florida may go as high as $50,000 according to new legislation form Governor DeSantis and the Florida Legislature. If your claim is for $2,000 or less you may want to save money by fighting the battle on your own. If your claim is closer to $5,000, the small claims court limit for damages, then hiring me as your Orlando small claims attorney may be helpful in recovering your damages. The goal is to minimize your risk and exposure financially to the furthest extent possible.
Now you know a little something about the Florida Small Claims Rules and you know that Orlando small claims attorney Jonathan Jacobs is available to represent you if your case is brought in good faith, has a reasonable chance of a successful outcome, and if you are willing to put in the work to win your case in small claims court. Contact the Jacobs Law Firm today!
Unlawful detainer and eviction actions are also generally small claims litigation issues. Here are the Orlando small claims court FAQ. Small claims cases are not appropriate for all litigants. If you believe your damages are significantly higher, you may need to bring your case to the county civil division or to the circuit civil division when your civil litigation involves a much higher dollar amount of alleged damages.
As an Orlando small claims attorney I can tell you that small claims trials are not always time consuming. In fact, they can be as short as just thirty minutes, or as long as about two to three hours depending on the court’s docket for that trial period. Therefore, the best practice for a litigant that wants to work with an attorney, is to hire a small claims lawyer early in the case to account for all legal issues and to employ all legal strategies before they are foreclosed due to the Florida Small Claims Rules and the timing allowed for each procedure. The Jacobs Law Firm also helps clients as a Tavares small claims attorney, and as a small claims attorney all throughout Central Florida. We look forward to hearing from you and will offer our best legal and professional skill in resolving your case.