Small Claims FAQs

Small Claims Instructions

SERVICE INFORMATION

IF YOU ARE SUING AN INDIVIDUAL:

Obtain the proper name and street address of the individual. If the spouse will be included in the suit, obtain the proper name and street address of the spouse. First names must be used and any alias names, if known.

IF YOU ARE SUING A CORPORATION:

You must know the correct name of the corporation and the state in which it is incorporated.

Obtain the name and address of an officer of the corporation: the president, vice-president, etc.., or in the absence of any of these, the name and address of the business agent residing in this state, or the name of the resident agent transacting business for the corporation in this state. To find this information, you may write or call:

SECRETARY OF STATE OF FLORIDA
ATTN: CORPORATION DIVISION
TALLAHASSEE, FL 32304
(850) 488-9000
http://www.sunbiz.org

IF YOU ARE SUING A PARTNERSHIP:

Obtain the names and addresses of all the partners.

GENERAL INFORMATION

VENUE:

The law gives the person filing a lawsuit the right to sue in any of serval places. If a lawsuit is filed in the wrong venue, the Court may direct that the case be transferred to the correct venue or may direct that the case be dismissed. A proper location or venue may be one of the following:

  • Where the contract was entered into.
  • If suit is on an unsecured promissory note, where the note is signed and the maker resides.
  • If the suit is to recover property or to foreclose a lien, where the property is located.
  • Where the event giving rise to the suit occurred.
  • Where any one or more of the defendant(s) resides(s).
  • Any location agreed to in a contract.

Also, in an action for money due, if there is no agreement as to where suit may be filed, proper venue lies in the county where payment is to be made.

Many individuals, partnerships, and corporations do business under a fictitious name, such as:

  • John Jones, dba Book World
  • John Jones, Bill Smith, a partnership, dba Jones & Smith Plumbing
  • ABC, Incorporated, a Florida corporation dba Snack Shop
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How do I obtain a judgment lien on the debtor's real property?
You can obtain a judgment lien on the judgment debtor's real property by recording a certified copy of your judgment in the real estate records of the county in which the property is located. Such liens are not recorded with the Department of State. These liens last for ten years and they can be continued for another ten. You can download forms at www.sunbiz.org or call the Department of State, Division of Corporations, Judgment Liens Section, at 850-656-7463. Return to Top
How do I obtain a judgment lien on the debtor's personal property?
You can obtain a judgment lien on all of the judgment debtor's personal property located anywhere in the state by filing a Judgment Lien Certificate with the Department of State. To get the proper form you must go on the Internet to the Department's website: www.sunbiz.org. You can either download the form from the website or have it mailed to you. Once you have filled out the form, you can either file it and pay the filing fee electronically, or mail it to the Department with the filing fee. Return to Top
How are judgments collected?

CLICK HERE to find out how judgements are collected.

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