County Civil

Refer to the County Civil Filing Fees for the cost of filing.

The law gives the person or company the right to file in Broward County if one or more of the following is applicable:

• Where the contract was entered into.
• If the suit is on an unsecured promissory note, where the note is signed or where 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 anyone or more of the defendants sued reside.
• Any location agreed to in a contract.
• In an action for money due, if there is no agreement as to where suit may be filed, where payment is to be made.

The plaintiff is the party who brings the lawsuit. The defendant is the party being sued. It is important that you sue in the correct name and file against the right party. If you are the plaintiff, you will need the following information to complete your forms:

• If you are an individual, your complete name, address, and telephone number where you can be reached during the day.
• If you are an individual doing business as a company, you must state your name D/B/A and your company name.
• If you are a corporation, your full legal name under which you do business is required.
• If the defendant is a company, we suggest that you check thoroughly to find out if the company is an individual doing business as a company or is a corporation.
• You may be able to obtain this information by calling the Division of Corporations at (850) 245-6000 or visiting their website at www.sunbiz.org. Make sure that you obtain the correct corporate name, name, and address of an officer or resident agent residing in the state. This information will be needed for serving the summons.
• If the company is not listed with the Division of Corporations, you may check to see if the company name is a fictitious name by contacting the Office of the Broward County Administrator. This office may be able to assist you with determining who is registered to do business under the fictitious name. You can also contact the Occupational License Division of the city where the business is located.

For a fee, the Clerk’s personnel will provide you with the necessary forms for filing a small claims case. The Clerks who assist in preparation of the forms are not Attorneys and cannot give legal advice. Their function is to help and guide in the preparation of the forms only. Responsibility for adequate pleadings and one’s position in a lawsuit always rests with the litigant, not with the Clerk.

The following documents are required to file your case:

• 2 Statement of Claims for each defendant you are suing. Each Statement of Claim must be completed with exactly the same information.
• 2 Summons/Notices to Appear for Pretrial Conference for each defendant you are suing.
• 2 Copies of any supporting documents (e.g., contracts, invoices, etc.) for each defendant you are suing should be attached to the Statement of Claim. Retain the originals for your records.
• 1 Statement of Claim with attached supporting documents will be retained by the court.
• The other Statement of Claim and supporting documents along with the 2 Summons/Notice to Appear for Pretrial Conference will be used to create a service packet to be served on the defendant.
• When your case is being filed, you will be required to sign your Statement of Claim in front of one of our Deputy Clerks.
• If mailing in your case, your Statement of Claim must be signed and notarized. In addition to the required documents and payments, a self-addressed stamped envelope must be included.

A copy of the Summons/Notice to Appear for Pretrial Conference and Statement of Claim must be served on the defendant. Service may be accomplished by any of the following methods:

• Sheriff’s Delivery in Broward County – If the summons is being served in Broward County, Broward Sheriff’s Office (BSO) can serve the summons.
• BSO will send into us the affidavit of service indicating whether the defendant was served. A copy of the affidavit of service will be mailed to you by BSO.
• If the defendant is not served, you may attempt service again by obtaining an alias summons from us. You will be required to pay for the Summons/Notice to Appear for Pretrial Conference forms and $10 for each defendant for the issuance of the summons. You will also be required to pay BSO $40 per defendant.
• A certified Process Server
• If the defendant is to be served outside Broward County, the summons will be issued to you. It is your responsibility to obtain the cost of service, method of payment and address to the Sheriff or a Process Server in the city where the defendant will be served.
• If service is accomplished by a Process Server or Sheriff outside Broward County, the affidavit of service may be mailed to you. You will be required to mail or bring in the affidavit of service to us.

Refer to Fees and Costs for Valid Forms of Payment methods accepted at all County Civil Courthouse locations.

• No personal checks are accepted
• If paying with a check or money order, make payable to Broward County Clerk of Courts.
• If you are using BSO for service, you will need a separate check or money order payable to Broward Sheriff’s Office.

A pretrial conference is an informal process to determine if there is a cause of action. Once your case is filed, a pretrial date will be set. You will be given the pretrial date, time, room number and name of the Judge assigned to your case.

• You must appear for the pretrial. If you do not appear, your case may be dismissed.
• Once the defendant is served the summons, the defendant must appear for the pretrial. If the defendant does not appear, a judgment may be entered against the defendant.
• Do not bring witnesses to the pretrial conference.
• Mediation may take place at the pretrial conference.
• If no agreement is reached at the pretrial conference, you may be given a trial date.
• If the Judge rules in your favor, a copy of the final judgment will be mailed to each party, or you will be instructed to submit a final judgment to the Judge.

A judgment is the written decision of the case signed by a Judge. It specifies the prevailing party, monies being awarded, actions to be performed or property to be transferred.

• Your judgment will be entered into the case record and will be recorded in Broward County’s public records.
• Either party has 10 days from the date of the judgment to file with the Clerk for a rehearing.
• Either party has the right to appeal the judgment, within 30 days after the judgment is rendered. See fee schedule for the cost of an appeal.
• The court cannot collect your judgment for you.
• To enforce the terms of your judgment, you may need to consult an Attorney.
• If you wish to proceed on your own, refer to County Court / Small Claims Information sheet.