Sending notice before filing with Clerk of Courts?

[BizzieBee]

Florida

Hello all..
I've done my investigating into proper procedure before filing with the Clerk of Courts in reference to unpaid wages. I've read through my county Clerk of Courts website several times, and called in to ask, but they cannot give me the information I'm looking for as I guess its 'guiding' me.. either way, I understand.

There is only one thing left to figure out before I file.. do I need to send a letter to the defendant with 15 days notice that I'm going to be filing paperwork? Some people tell me yes because it gives them time to rectify the issue without involving the court system, some say no its not required. While I value their input, I have done my reading in this forum and find there's credible advice here to be heard.

I appreciate any input, thank you.What is the name of your state (only U.S. law)?

 

[tranquility]

Since court will take a while anyway, what possible reason do you have to not make a demand? Waiting two weeks is not going to be a huge difference to you and may make it so you don't have to go to court at all.

 

[Zigner]

Required or not - why WOULDN'T you do this?

ETA: Yeah, what Tranq said!

 

[BizzieBee]

Since court will take a while anyway, what possible reason do you have to not make a demand? Waiting two weeks is not going to be a huge difference to you and may make it so you don't have to go to court at all.

Thats what I was thinking .. glad someone else sees it that way, too

 

[tranquility]

If we're really talking about wages, doesn't FL have some way to make an administrative complaint even without going to court?

 

[BizzieBee]

If we're really talking about wages, doesn't FL have some way to make an administrative complaint even without going to court?

What I was told is that since its under $5,000 it has to go through a small claims court, even though it is wages. I've tried and tried again asking the woman from the CoC office to give me a wee little bit of help on how to go about this, but they just cannot give me any instruction because it has to be all me. She couldnt even tell me which paperwork to fill out(they have different versions for different types of suits), so I've been a little stuck on it. I just want to file the paperwork and have it done with. I think I WILL go ahead and send him a letter that I'll be filing against him in a few weeks. Took me forever and a day to find him.. got to hurry up and get it done before he disappears again!

 

[tranquility]

Don't threaten like that. It can cause problems latter. Make the demand, give a date to reply, tell him if he doesn't, "you will explore your legal remedies."