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New Fee Effective May 1 for Clerk’s Certificate of Mailing

Starting May 1, the Clerk will charge a $7 service fee for the writing, signing and sealing of each Clerk’s Certificate of Mailing in County and Circuit Civil case types.*

*Per section 28.24(9b) of the Florida Statutes.

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Small claims cases may be filed in room 2.2200 (2nd floor) of the Main Courthouse or at the North, South or West County branch courthouse locations, Monday through Friday, 8 a.m. - 4 p.m.

Small claims are disputes involving money damages where the amount at issue does not exceed $8,000.00 excluding costs, interest and attorneys' fees. See Florida Statutes, Chapter 34, for a description of which causes of action are under the jurisdiction of County Court.

In Small Claims Court, you can represent yourself if you wish, or you may seek the assistance of counsel if you choose. While you have the right to file and to represent yourself, your attorney may assist you in the legal process.

The forms used for a Small Claims action may be purchased from the Clerk of the Circuit Court & Comptroller's Self Service Center.

It is important to include your name, address and telephone number on every document you file with the court.

Fees

You must pay filing fees when you initiate your claim. Fees are payable in cash, cashier's check, business check, money order or attorney's check to Joseph Abruzzo, Clerk of the Circuit Court & Comptroller.

You must also pay a fee for the Service of Process (summons) by the Sheriff of Palm Beach County, per defendant, and you must provide a self-addressed stamped envelope for each defendant. Payment for service of the summons by the sheriff must be separate from the filing fee payment and must be paid by check, cashier's check or money order, payable to the Palm Beach County Sheriff. If service is to be made outside Palm Beach County, you are responsible for forwarding summons and payment to the sheriff or private process server in the other county. Please contact them to find out the amount of the service fee and accepted methods of payment

If filing your small claims case by mail, please include an additional self-addressed stamped envelope so any document copies and notice of pre-trial hearing date can be returned to you.

General Information

When considering whether or not you should file a lawsuit, you should ask yourself the following questions:

Have I tried all possible and/or reasonable means to reach a settlement?
Do I have, or am I able to obtain, the necessary evidence to prove my claim?
Do I know the correct legal name and address of the defendant?

Suing an Individual

You need the exact name and address of the person or persons to be sued.

Suing a Corporation

You will need the exact name of the corporation as on file with the Division of Corporation in Tallahassee, together with the Name of the Registered Agent and the address where the Registered Agent may be served. Call 1-850-488-9000, or visit the Division of Corporate Information's online information center.

Suing a Partnership or an Entity Operating With a Fictitious Name

You need the name and address of the person or entity doing business as a fictitious name (d/b/a). If a partnership, you need the name and address of all partners. Many individuals, partnerships and corporations do business under fictitious names.

You cannot sue a fictitious name as it is not an entity or a person. It is your responsibility to determine whether individuals, partners or corporations are doing business under a fictitious name. This information may be obtained from the Division of Corporate Information, which will tell you who has registered to do business under specific fictitious names.

Documents Pertaining to Your Suit

If you have contracts, invoices, bills, receipts, letters, etc., which are relevant to your suit, bring one copy for the court file and one copy for each defendant. Bring the original documents to the hearing.

Filing a Claim

You may file your claim:

In person at any County Civil Court location
By mail.
Electronically, using the State of Florida E-filing Portal at www.myflcourtaccess.com.

When you file your case, you will be given a pre-trial hearing date. Your attendance at this pre-trial hearing date is mandatory. For further assistance, call County Civil Court at 561.355.2500.

Redaction of Confidential Information

All filers of circuit civil, county civil and small claims court documents are solely responsible for ensuring that confidential information is redacted or is identified for redaction. Learn more.

Users of the Florida Courts E-Filing Portal will be required to designate whether case-initiating documents contain confidential information when filing in Circuit Civil, County Civil and Small Claims cases.

Court Registry

The Court Registry holds funds deposited with the Clerk while a legal action is pending with the Court.

Resources

Watch our money judgment webinar above and find other resources in our How to Collect a Judgment toolbox.

Contact

(561) 355-2500
Email Us

Fees & Costs

County Civil Court Fees

FAQs

Do I need an attorney?

No, but you may seek the assistance of counsel if you choose. It is suggested that, while you have the right to file and to represent yourself, you contact an attorney to assist you in the legal process. The Palm Beach County Bar maintains an Attorney Referral Service. The Clerk of the Circuit Court & Comptroller's Self Service Center can provide you access to an attorney for a nominal charge, solely for the purpose of providing procedural advice, and not as your legal representative.

Small Claims Rule 7.010.(a) provides: “…These rules shall be construed to implement the simple, speedy, and inexpensive trial of actions at law in county courts.”

Small Claims forms are available through the Self Service Center and in the Florida Small Claims Rules.
Can I reduce my claim to $8,000 in order to bring a small claims case?

Yes. You can limit your claim to $8,000, even if you feel that you are owed more than that amount, and file a Small Claims case if you want to take advantage of the simplified procedure. However, your recovery will be limited to a maximum of $8,000.
Who may file a claim or have a claim filed against them?
The party who files a claim is referred to as the "Plaintiff". Any person 18 years or older or any individual doing business as a company may file a Small Claims case. The party who is sued is referred to as the "Defendant". A claim must designate the proper Plaintiff(s) and Defendant(s). The determination of the proper party will depend on whether the party is a person or a business and how that business is set up. Failure to name the proper parties may result in the rejection of the claim or in a defective (unenforceable) judgment.
- Individuals: If the party is a person, that person is designated by his or her legal name.
- Minors: If the Plaintiff is a minor (under the age of 18), he or she may not be a Plaintiff directly but must sue through the minor's parent or legal guardian. However, a minor may be sued directly or through the minor's parent or legal guardian.
- Businesses: If the party is a business, you must name the proper legal entity. There are different forms of business enterprise, and the exact details will control how to determine the correct party to a lawsuit (see below). Florida Statutes determine the proper legal entity. You can contact the Florida Secretary of State, Division of Corporations at (850) 488-9000 to get information on a corporation. The Division of Corporations can also tell you the names and addresses of the corporate officers, the name and address of the registered agent for the corporation and the current status of the corporation. For more information, go to Florida's Division of Corporations online information center.
- Sole Proprietorships: A sole proprietorship is an unincorporated business owned by one person. The person may or may not use a trade name or fictitious name in the operation of the business. In either case, the proper party is the individual owner. Example: "John Doe, individually and d/b/a John's Garage" or “Mary Smith, individually and d/b/a Flower Creations”
- Partnerships: A partnership is an unincorporated business owned by two or more persons. The proper parties are the actual partners. Example: "John Doe and Jane Doe, individually and d/b/a John and Jane's Garage."
- Corporations: A corporation is a legal entity with a separate legal identity from its owners, regardless if there is one owner or many. The proper party is the corporation. Example: "John's Garage, Inc." You can get information on corporations from the Florida Division of Corporations by calling (850) 488-9000 or by going to their online information center. You should determine the correct name and address of the Registered Agent for service of process. Please see Florida Statutes for particulars.
Where do I file my case?

When filing a lawsuit in any court in Florida including Small Claims Court, correct venue is necessary to avoid a dismissal. It is recommended that you consult with an attorney before filing, as fees are not refundable if the case is dismissed. While you are free to do your own research, this is a potentially complex issue. In addition, you may lose legal rights if your claim is not properly filed within the time provided by law. Florida Statutes are also accessible online.

This requirement is referred to as "venue". There are a number of different statutes and rules that affect venue. If the potential lawsuit is one based on Florida law, venue is controlled by Florida statutes. Florida’s laws regarding venue can be found in Title VI, Chapter 47 of the Florida Statues.
How do I file my case?

The forms used for a Small Claims action may be purchased from the Clerk of the Circuit Court & Comptroller's Self Service Center.

It is important to include your name, address and telephone number on every document you file with the court.

A Small Claims case is begun with the filing of a Statement of Claim. The form requires the name(s) and address(es) of the party or parties you are suing, the amount of money you are suing for and an explanation of why you are suing. You must also include your name, mailing address and telephone number on the form. Your case may be dismissed if the court cannot locate you.

Small Claims Rule 7.050 provides: “If the claim is based on a written document, a copy or the material part thereof shall be attached to the Statement of Claim.”
What is the statute of limitations?

Florida Statutes regulate how long a Plaintiff has to file suit. The length of time varies with the type of matter. If your suit is brought under Florida law, details can be found at Chapter 95.11, Florida Statutes.
What does it cost to file a small claims case?

Filing fees are determined by law and regulation and are subject to change. View the current Fees & Costs.
What happens after I file my small claims case?

You are responsible to make sure that service of process occurs on all Defendants. The Defendant(s) is given a copy of the Statement of Claim and the Summons, which sets forth the date and time of the pre-trial conference.

It is your responsibility to proceed with obtaining proper Service of Process in accordance with Florida law. General rules for Service of Process can be found in Ch. 48, Florida Statutes, however there are special rules for service of process in some specific matters and on some specific defendants. The choice is up to you to select either the County Sheriff or a private process server to make service. The Sheriff’s Office and the process servers set their own fees and have their own requirements regarding form of payment. In each case, remittance of service of process fees is separate. The Sheriff or Process Server must file a Return of Service or give it to you for filing. If there is not a proper Return of Service in the file, the action cannot proceed.

At the Pre-trial Conference, you should be prepared to present your case in court although you will not be permitted to present witnesses at that time. If both parties to the dispute are present, mediation is ordered. At mediation, decision-making authority rests with the parties, but the Mediator will endeavor to assist in a resolution of the dispute. All statements made during a mediation conference are confidential and cannot be used as evidence if the case goes to trial. If the dispute cannot be settled at the Pre-trial Conference, a trial date will be scheduled. You must appear at the trial with all witnesses and whatever documentation of your claim you have to present.

If any Defendant fails to respond or appear to defend against the statement of claim, the Clerk may enter a Clerk’s default, or the judge may enter a default judgment against that Defendant.
Can I have a jury trial on my small claims case?

Yes. The Florida Small Claims Rules provide:

“RULE 7.150. JURY TRIALS - Jury trials may be had upon written demand of the plaintiff at the time of the commencement of the suit, or by the defendant within 5 days after service of notice of suit or at the pretrial conference, if any. Otherwise jury trial shall be deemed waived.”
What do I do if the judgment is paid?

Florida Statute 55.141 provides:

"(1) All judgments and decrees for the payment of money rendered in the courts of this state and which have become final, may be satisfied at any time prior to the actual levy of execution issued thereon by payment of the full amount of such judgment or decree, with interest thereon, plus the costs of the issuance, if any, of execution thereon into the registry of the court where rendered.

(2) Upon such payment, the clerk shall execute and record in the official records a satisfaction of judgment upon payment of the recording charge prescribed in s. 28.24(12). Upon payment of the amount required in subsection (1) and the recording charge required by this subsection and execution and recordation of the satisfaction by the clerk, any lien created by the judgment is satisfied and discharged.”

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Clerk of the Circuit Court & Comptroller, Palm Beach County

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