How does one go about filing a claim in small claims court?

Question

In the state of Florida, I recently had some auto work done. I paid $2,600 in total for the charges. Once the work was done the mechanics said it was under warranty and never returned my money. I wish to file a claim in small claims court, but I don't know where to start.

Answer 1

Most states are the same.

Go down to your local small claims court and pick up a form to fill out. You'll have to have the name and address of the shop that did the work, so they can be notified for their defense.



The court will process the notice and let you and the repair shop know when the court date is.

Answer 2

No, it's not an automatic win. The judge will still listen to one side of the story and decide if there is a valid case. Evidence is required. Could fraud happen? Possibly, but not likely. You also have to prove that the other person knew about the lawsuit. The court sets the date, not the person suing. If Bob can't show up, he can make a motion to change the date of the suit, if he has good reason. Taking on Walmart is a fool's move. They would probably file a cross complaint against Fred. Lying in court is a crime and Fred can end up in jail. Especially if it happens on a regular basis. Katy, not every state requires conflict resolution prior to going to small claims.

Answer 3

The Florida courts have a website (see below) that tells you what the process is.

You need to have all your receipts, all the warranty information and proof of what you paid.

In addition, you should check with the company that issued the warranty (the car manufacturer?) and find out

1) if the work would actually be warranty work and

2) if it would, would they reimburse you or

3) would they reimburse the mechanic's shop so that you would get a refund?



Be prepared to write your testimony - keep it short and to the point, but include all relevant facts. While you can express an opinion, your testimony should let the facts speak for themselves. Have someone else read it to see if they get out of it everything you want the judge to. Check the spelling, number the pages. Submit it according to the court's rules.



Once in court:

Be prepared to show all your evidence.

Be prepared to answer questions and to provide your side, particularly in those areas where your testimony and theirs aren't the same.

Dress properly (shirt and tie if you're a guy, a demure dress or sweater if you're a gal)

Call the judge "your honor" and speak politely

Take someone with you to take notes and ask as moral support.



Good luck!

Answer 4

The county where the mechanic is located is where you need to file, call the clerk of the small claims court and she will send you the appropriate filing papers.



Make sure you add the cost of filing, plus any lost wages you'll incur for being in court that day onto your total. Have all your documentation ready, cashed checks, receipts, etc.



Just remember, if you get a judgment it's just a piece of paper, you still have to chase it to get the money.

Answer 5

The first step would be to contact the local small claims court and ask where to begin.

Answer 6

Go to your county courthouse. The clerks there will be able to guide you. There are some forms to fill out.