Legal Question in Civil Litigation in Florida

No. You would include everything in one claim.

You may file one complaint/claim, however it is possible to have multiple counts within the complaint/claim depending on your specific facts. Notwithstanding the number of counts in your complaint/claim you must still adhere to the total limit of $5,000 in damages. Below please find a summary of how to proceed with a small claims complaint in Florida.

Where To File Your Case:

Contact the Clerk of Court in any one of the following counties: (1) the county where the defendant (the person you want to sue) lives; or (2) the county where the dispute or event which gave rise to the lawsuit (called the cause of action); or (3) the county where the property in dispute is located; or (4) if the case involves a secured promissory note, the county where the payment is received.

How To File Your Small Claims Suit:

A small claims case is started by filling out a complaint form, called a "Statement of Claim", at the clerk's office. On the Statement of Claim you have to provide information in a clear and concise way concerning what the case is all about and how much you are suing for.

At the time you file the Statement of Claim form you must have the proper name and address of the party you are suing. Additionally, if the claim is based upon a written document(s) (such as a promissory note, sales contract, lease, repair bill, etc.), you must have copies of it to attach to the Statement of Claim.

You will have to pay the court clerk a filing fee when you file the lawsuit. The amount of the filing fee is based upon the amount of your lawsuit.

Procedures:

After you have completed the Statement of Claim form, the next step is to Officially Notify the Defendant. This notification procedure is called "Service of Process". The Statement of Claim is attached to a "Notice to Appear" form (a summons) and these papers are sent to the defendant. This can be accomplished in one of two ways: (1) pay for registered mail with a return receipt requested so that delivery is restricted to the defendant only, or (2) pay the Sheriff's' Office to attempt personal service. This means the sheriff will try to locate the defendant and deliver suit papers to him or at his home for a specific fee. If the defendant lives in another county, you can get the sheriff of that county to attempt service for you.

It is recommended that you review the Florida Small Claims Rules. These can be viewed at the Florida Bar's website at www.floridabar.org.