Rule 7.050 — Commencement of Action; Statement of Claim

Original Text Simplified Text

(a) Commencement.

  1. (1) Statement of Claim. Actions are commenced by the filing of a statement of claim in concise form, which shall inform the defendant of the basis and the amount of the claim. If the claim is based on a written document, a copy or the material part thereof shall be attached to the statement of claim. All documents served upon the defendant with initial process shall be filed with the court.
  2. (2) Party Not Represented by Attorney to Sign. A party...who or which has no attorney handling such cause shall sign that party’s statement of claim or other paper and state that party’s address and telephone number...Any business entity recognized under Florida law may be represented at any stage of the trial court proceedings by any principal of the business entity who has legal authority to bind the business entity or any employee authorized in writing by a principal of the business entity...

(b) Parties. The names, addresses, and, if known, telephone numbers, including area code, of all parties or their attorneys, if any, must be stated on the statement of claim...

(c) Clerk’s Duties. The clerk shall assist in the preparation of a statement of claim and other papers to be filed in the action at the request of any litigant. The clerk shall not be required to prepare papers on constructive service, substituted service, proceedings supplementary to execution, or discovery procedures.

(d) Summons/Notice to Appear for Pretrial Conference. The court shall furnish all parties with a notice of the day and hour set for the pretrial conference.

(e) Replevin. In those replevin cases to which these rules are applicable, the clerk of the county court shall set the hearing required by section 78.065(2)(a), Florida Statutes, (prejudgment replevin order to show cause hearings) and rule 7.090(b) (pretrial conferences) at the same time.

How to Start Your Lawsuit: This rule explains the first crucial steps for starting a small claims case.

(a) Filing a "Statement of Claim": A lawsuit begins by filing a "Statement of Claim." This is a simple form that tells the defendant (the person you are suing) what your claim is about and the amount of money or property you are seeking. If your claim is based on a written document, like a contract or an IOU, you must attach a copy of it.

If you do not have an attorney, you must sign the form yourself and include your address and phone number. A business can be represented by a principal (like an officer or owner) or an employee who has written authorization.

(c) Help from the Clerk: The court clerk is required to help you prepare the initial Statement of Claim form if you ask. However, they cannot help with more complex legal documents.

(d) What Happens Next?: After you file, the court will schedule a "pretrial conference" and will send a notice to all parties telling them the date and time they must appear.