Florida Small Claims Amount

[MGMidget123]

Hello

I'm in Florida and want to file a small claims case against another individual. The amount I feel I am due is over the $5,000 limit for small claims. Am I able to claim for less than the amount in total to bring it under the $5k limit or do I have to file for the whole amount which would then no longer be a small claims case?

Thanks!

MGMidget123

 

[Zigner]

Hello

I'm in Florida and want to file a small claims case against another individual. The amount I feel I am due is over the $5,000 limit for small claims. Am I able to claim for less than the amount in total to bring it under the $5k limit or do I have to file for the whole amount which would then no longer be a small claims case?

Thanks!

MGMidget123

You can file for $5k and forego anything over that.

 

[MGMidget123]

Thanks for your reply. I had been told that in certain states you could not do that and had to claim for the total amount. I believe the person I was speaking with said this was the case in Kansas.

 

[Zigner]

Thanks for your reply. I had been told that in certain states you could not do that and had to claim for the total amount. I believe the person I was speaking with said this was the case in Kansas.

I am not aware of any such restriction in any state.

 

[adjusterjack]

"I was told" is the most dangerous phrase in the English language.

Read the Florida small claims pages and forget what anybody "told" you:

https://www.flcourts.org/Resources-...Family-Law-Self-Help-Information/Small-Claims

 

[MGMidget123]

"I was told" is the most dangerous phrase in the English language.

Yes, hence why I have done some research and reading into the matter to confirm either way. I wasn't sure based on my research (which included the article you linked to) so was hoping for someone with some experience to be able to help!

Read the Florida small claims pages and forget what anybody "told" you:

https://www.flcourts.org/Resources-...Family-Law-Self-Help-Information/Small-Claims

As I said, I've read that page as well as the specific details it links to and guidelines issued by a number of counties in the state. I couldn't find a conclusive answer either way, hence asking for advice.

That link you pasted in (which is one of the first results when looking into anything small claims related) specifically says "...where the dollar amount involved is $5,000 or less...". Now if I feel the other party owes me $7,500 that clearly puts the case above the small claims limit. I had been told that in some states you could not effectively just write off the $2,500 to bring it to the $5,000 limit as the dollar amount involved is greater.

As I said, before I take a couple of months to go through the small claims process, I wanted to be sure that if I detail in my claim the full situation and then effectively say "but I'm happy to write off $2,500 to bring it to the small claims limit", that won't get thrown out wasting time and money.

 

[quincy]

You can sue in small claims by reducing the amount of damages you are seeking. There is no problem with this. And, in some ways, it can be smart to do this.

Filing in small claims reduces the time and effort that you must otherwise expend if you pursued your case in a higher court. You are able to avoid the costs of hiring an attorney because small claims courts are designed for pro se litigants.

Good luck.

 

[MGMidget123]

You can sue in small claims by reducing the amount of damages you are seeking. There is no problem with this. And, in some ways, it can be smart to do this.

Filing in small claims reduces the time and efforts you must expend pursuing your case in a higher court. You are able to avoid the costs of hiring an attorney because small claims courts are designed for pro se litigants. Higher courts aren't.

Good luck.

Thanks - that's exactly right and why I want to keep the claim under the $5,000 limit. But I want to be sure it's not going to be a problem in a month or two at mediation because the dollar amount involved is larger.

You're right - I don't have the appetite for a "proper" court case for this matter!

 

[Zigner]

Thanks - that's exactly right and why I want to keep the claim under the $5,000 limit. But I want to be sure it's not going to be a problem in a month or two at mediation because the dollar amount involved is larger.

You're right - I don't have the appetite for a "proper" court case for this matter!

The dollar amount involved is *not* larger. It is whatever your claim is. Your damages may be larger, but you are free to ask for $5,000 to keep it within the small claims limit.

 

[quincy]

Thanks - that's exactly right and why I want to keep the claim under the $5,000 limit. But I want to be sure it's not going to be a problem in a month or two at mediation because the dollar amount involved is larger.

You're right - I don't have the appetite for a "proper" court case for this matter!

If you think you can settle for a greater-than-$5000 amount prior to filing your suit, try that first. But if you want to file in small claims, you can reduce the amount you are seeking in damages.

It could be the not-very-smart defendant who will settle for more than $5000 if the defendant knows you are seeking only $5000 in your court action (although the defendant avoids a court judgment by settling, which has some value).

 

[adjusterjack]

That link you pasted in (which is one of the first results when looking into anything small claims related) specifically says "...where the dollar amount involved is $5,000 or less...". Now if I feel the other party owes me $7,500 that clearly puts the case above the small claims limit. I had been told that in some states you could not effectively just write off the $2,500 to bring it to the $5,000 limit as the dollar amount involved is greater.

When you file for $5000 you are already waiving any additional amount without having to say so.

When you present your evidence and the evidence is for more than $5000 (like a repair bill for $7500), you'll be awarded the $5000 if you win.

Care to tell us what the case is about?

 

[MGMidget123]

The dollar amount involved is *not* larger. It is whatever your claim is. Your damages may be larger, but you are free to ask for $5,000 to keep it within the small claims limit.

Understood - I wanted to be clear because small claims is not free (money or time).

 

[MGMidget123]

Care to tell us what the case is about?

At this stage, I'd rather not.

 

[quincy]

Understood - I wanted to be clear because small claims is not free (money or time).

True. It just tends to be less costly, and less confusing for someone handling the case on their own. Small claims courts are designed for ease and speed.