Statement of Claim Instructions
JURISDICTION: The jurisdiction of this division of the Court is $5000.00 exclusive of costs. If your claim is more than this amount and you wish to bring suit in County Court you should add the following statement to your claim: (EXCEPT FOR COSTS, ALL SUMS DUE IN EXCESS OF $5000.00 ARE HEREBY WAIVED.)
PREPARING CLAIM: In preparing your claim, be sure to state:
1. The full name of the person(s) involved:
2. If the claim is against both husband and wife use the full name of each.
3. Avoid “Mr.” and “Mrs.”
4. If the Defendant is a business, you can go to Florida State Department of Corporations website at www.sunbiz.org to find out their Registered Agent’s name and address. If your Defendant has a Registered Agent, you would style your case as Defendant’s name (the business name) in care of the Registered Agent’s name.
5. What was done or not done that gives rise to the claim
6. When it occurred (day, month, and year)
7. Where is occurred (City, County, and State)
8. How much money is due you
9. If you are entitled to interest on the money due you, you must state it separately showing the amount of interest due you to the date you filed the claim and also give a per diem interest rate so that the Court may easily compute the amount of interest due from the date the claim is filed to the date the judgment is entered. (Note: The Clerk can not advise you on claiming interest.)
10. The form should be typed or printed in black/blue ink.
The Required Forms can now be completed online and returned to the Courts Division on the Second Floor of the Justice Center:
Statement of Claim Form (CLICK HERE)
Statement of Responsibility Form (CLICK HERE)
COPIES: You will need the original of the Statement of Claim form for the Court, a copy for each Defendant, and a copy for yourself. If you have any attachments (contracts, leases, receipts, etc.) to attach to your claim form, you will need to supply the Court with a copy for the court file and a copy to be served on each of your Defendants. Originals must be brought to the first court appearance. If filing against two or more defendants, additional copies of the claim & attachments are required. Be sure to advise the Clerk how many defendants you have when obtaining forms. If the Clerk is required to make additional copies, a fee will be charged for each copy.
OTHER PAPERS: If your claim is founded on an instrument in writing such as a sales contract, promissory note, written warranty, lease, etc. it will be necessary for you to furnish one copy of such instrument for attachment as an exhibit to EACH CLAIM FORM to be filed. When insufficient copies are furnished by you, the Clerk will make the necessary copies and a fee will be charged. This charge will have to paid at the time of filing.
SERVICE: To have the defendant personally served by the Sheriff of the appropriate county, the fee must be paid in advance and in addition to the filing fee. This fee must be made payable to the appropriate Sheriff’s office & must be in the form of a money order or cashier’s check. In addition, service on the defendant(s) who are Florida residents may be completed by certified mail, return receipt signed by the defendant or someone authorized to receive mail at the defendant’s residence or principal place of business. A defendant must be served with process before a Judgment can be entered.
ADDRESS: The address of each Defendant must be given in sufficient detail for delivery of the Notice by mail or to find the Defendant for personal service.
NOTICE: The law requires that the defendant be served with a Notice of the claim not less than fifteen (15) days; unless the defendant resides outside Flagler County, in which case the minimum notice is twenty (20) days.
COSTS: Where costs are to be awarded, they are added by the Court at the time judgment is entered. DO NOT INCLUDE SUCH COSTS IN THE AMOUNT STATED BY YOU AS THE AMOUNT BEING CLAIMED IN THE STATEMENT OF CLAIM.
UNLESS THE SUIT IS FILED & SIGNED BY AN ATTORNEY, YOUR STATEMENT OF CLAIM MUST BE SIGNED AND SWORN TO BEFORE A DEPUTY CLERK OR NOTARY PUBLIC WHO MUST AFFIX HIS/HER SEAL.
FILING & OTHER FEES:
Claims less than $100.00 $55.00
Claims of $101.00 to $500.00 $80.00
Claims of $501.00 to $2,500.00 $175.00
Claims of $2,501. to $5,000.00 $300.00
Service by Flagler Cty Sherrif’s Office for a F lagler Address $40.00 per defendant
Summons preparation and issuance by the Clerk’s Office $17.00 per defendant
(money order or