Legal Question in Civil Litigation in Florida

My understanding is that the person who brings a claim to Small Claims Court must represent himself. No lawyers are allowed to talk for the plaintiff. If this is correct can a bank represented by a lawyer file a claim in Small Claims Court? Can the case be dismissed on this point?


Asked on 8/03/10, 11:07 am

3 Answers from Attorneys

David Labovitz Labovitz Law Firm, P.A.

There is no requirement that a person bringing a small claim must represent themselves. Any of the parties may be represented by a lawyer.

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Answered on 8/08/10, 1:22 pm
Angelo Marino Angelo Marino Jr. PA

No, lawyers are allowed. Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com. See www.FL-PI-Lawyer.com for your personal injury needs.

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Answered on 8/09/10, 2:48 pm
Shelly Schellenberg MI & FL private practice

Some states have statutes that do not permit lawyers to represent a party in small claims court. Michigan is one of those states. In Michigan, if a party wants a lawyer, that person must remove the case to District Court.

BUT..if the claim arises in Florida, the court rules are different. In Florida, banks often file in small claims court, (County Court) providing that the amount in controversy does not exceed $5,000. If you are up against a bank's lawyer, you would be smart to have your own attorney review the claim, and appear in court on your behalf. If you really are liable to the bank, your attorney may be able to get a better settlement, get court costs waived, etc. If there is doubt as to your liability, the average citizen simply doesn't know enough about the law to out-argue an attorney in court.

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Answered on 8/10/10, 7:03 am


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