In florida, is county court ... governed by small claim rules of civil procedure or the fla. rules of civil procedure? Is there a county court rules of civil procedure? Thanks
Family Law Attorney
Small claims (a division of county court), has some separate rules. Your case, however, is in regular county court, governed by the Florida Rules of Civil Procedure.
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Chapter 7 Bankruptcy Attorney
Typically, debts under $5,000.00 are filed in small claims court. If the lawsuit says that you must appear in person to answer the lawsuit then it is a small claims(county) matter. If the lawsuit states that you have 20 days to file an answer to this suit then it is a circuit court matter.
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Let me put it this way. All cases where the amount in controversy is $15,000.00 or less are heard in the County Court. Not the Circuit Court.
In the County Court, there are 2 sets of rules which apply in civil cases. Where the amount of controversy is $5,000.00 or less, then it is a case subject to the Small Claims Rules. Where the amount of controversy is more than $5,000.00, then the Civil Rules of Procedure apply. They are the same Civil Rules that apply in Circuit Cases. There is no separate set of rules for Civil Procedure in County Court or Circuit Court cases.
So, in cases of $15,000.00 or less, either Small Claims Rules or Civil Rules apply. Same Courthouse. Same Judges. Same Courtroom. Just different rules of procedure.
On a claim of $5,400.00, the Civil Rules apply.
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