KEN BURKE, C.P.A - Pinellas County Clerk
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KEN BURKE, C.P.A.
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
PINELLAS COUNTY, FLORIDA
www.mypinellasclerk.org
PACKAGE FEE: $1.20
SMALL CLAIMS
Please contact the Clerk’s Office at (727) 464-7000 or visit us online at
www.mypinellasclerk.org for additional information.
06/2020Ken Burke, CPA
Clerk of the Circuit Court
& Comptroller
Pinellas County, Florida
SELF HELP CENTER
The Self Help Centers are the result of a collaborative effort between the Clerk’s Office, the Sixth Judicial Circuit,
the Community Law Program and the Clearwater Bar Association.
The purpose of the Clerk's Legal Self Help Centers is to assist citizens representing
themselves in court (sometimes referred to as pro se persons) who do NOT have a private attorney.
Citizens who represent themselves in court and do not already have a private attorney representing them, can
now get affordable legal assistance.
OUR SERVICES INCLUDE:
• Schedule an appointment to consult with an attorney for a minimum of $15.00*
(Attorneys may assist with Family Law, Small Claims and Landlord/Tenant matters ONLY.)
• Purchase forms and packets for the civil court actions listes above
• Have documents notarized
• Make copies
Open Monday through Friday from 8:30 a.m. until 4:30 p.m.:
• The Clearwater Self Help Center o Appointments may be scheduled for Wednesday,
The New Courthouse Thursday and/or Friday.
315 Court Street, Room 114 o A Spanish interpreter provided by the
Clearwater, FL 33756 Hispanic Outreach Center is available by
Phone: (727) 464-5150 appointment at the Clearwater location
Fax: (727) 453-3423
• The St. Petersburg Self Help Center o Appointments may be scheduled for
The St. Petersburg Judicial Building Monday, Wednesday, and/or Friday.
545 First Avenue North, Room 103
St Petersburg, FL 33701
Phone: (727) 582-7941
Fax: (727) 582-7945
• The North County Branch Self Help Center o Attorney appointments may be scheduled
29582 U.S. 19 North for Tuesday only at this office.
Clearwater, FL 33761
Phone: (727) 464-5150
Fax: (727) 453-3423
Self Help Center Now Offering Online Scheduling of attorney consultation appointments for pro se litigants
that do not already have an attorney. To schedule an appointment online using a credit card, please visit
www.mypinellasclerk.org and click on the SELF HELP CENTER link in the top menu.
*Attorney appointments may only be scheduled for a minimum of 15 minutes to a maximum of one hour. All appointments must be
scheduled in 15-minute increments, i.e., 15, 30, 45 or 60 minutes at a rate of $1 (one dollar) per minute, therefore payments will be $15, $30,
$45 or $60 accordingly.
Attorney consultation fees must be paid when the appointment time is scheduled. Payments must be by credit card,cash check or money
order. Refunds will not be issued for missed appointments.CIVIL COURT RECORDS DEPARTMENT
SMALL CLAIMS FILING INSTRUCTION SHEET
Civil Court Records North County Branch Office St. Petersburg Branch Office
315 Court Street 29582 US Highway 19 N 545 1st Avenue N
Clearwater, FL 33756 Clearwater, FL 33761 St. Petersburg, FL 33701
Phone Number for all offices: 727-464-7000
Visit our web site at WWW.MYPINELLASCLERK.ORG
Filing Fees Effective January 1, 2020
Claims less than $100.00 ……………………………. $ 55.00
Claims $100.00 to $500.00 ……………………………. $ 80.00
Claims of NOT more than $1,000.00 filed simultaneously with an action for replevin of property
that is the subject of the claim (includes Replevin Fee) $130.00
Claims more than $500.00 to $2500.00 ……………………………. $175.00
Claims $2500.01 to $8,000.00 ……………………………. $300.00
Replevin (to recover personal property) …………………..additional fee of $ 85.00
Reopen fee for all claims of not more than $500.00 ……………………………. $ 25.00
Reopen fee for all claims of more than $500.00 ……………………………. $ 50.00
Summons Issuance Fee (per summons) $10.00
STEP 1: FILING AGAINST THE CORRECT PARTY
***IMPORTANT*** Make sure you sue the correct party. If the incorrect party is named in the suit and you receive a
Judgment, this Judgment may be worthless and uncollectible.
a. If you are suing an individual:
Sample: Your name
vs.
John Smith
b. If you are suing a sole proprietorship* (an individual doing business under a fictitious name):
Sample: Your name
vs.
John Smith, d/b/a Sample Business
c. If you are suing an partnership* (several individuals doing business under a fictitious name):
For Partnerships –Make sure to obtain one of the
Sample: Your name partner’s name and address.
vs. Limited Partnership- Make sure to obtain the
SJG Enterprises, a partnership registered agent’s name and address.
-OR- SJG Enterprises, Ltd., a limited partnership You will need this to serve the Registered Agent in
-OR- SJG Enterprises, Limited, a limited partnership Step 3 – Serving the Defendant(s).
d. If you are suing a corporation*:
Sample: Your name Make sure to obtain the Registered Agent’s name
vs. and address. You will need this to serve the
XYZ, Inc. Registered Agent in Step 3 – Serving the
-OR- XYZ, Corp. Defendant(s).
-OR- XYZ, Co.
e. If you are suing a corporation doing business under a fictitious name*:
Sample: Your name Make sure to obtain the Registered Agent’s name
vs. and address. You will need this to serve the
XYZ, Inc. d/b/a Business Registered Agent in Step 3 – Serving the
-OR- XYZ, Corp d/b/a Business Name Defendant(s).
f. If you are suing a limited liability company:
Sample: Your name Make sure to obtain the Registered Agent’s name
vs. and address. You will need this to serve the
Business Name, L.L.C. Registered Agent in Step 3 – Serving the
-OR- Business Name, L.C. Defendant(s).
Do Not Sue Your name
vs. These are some examples of invalid party names
XYZ
-OR- John Smith dba XYZ, Inc.
*Corporation or fictitious name records may be researched online at WWW.SUNBIZ.ORG/SEARCH.HTML or you may
call the Secretary of State at (866) 693-6748 or (850) 488-1234. If the fictitious name is not on file within the fictitious
name records, you must determine who owns the business before you can file a lawsuit that is meaningful.
SC 1/23/2020STEP 1: FILING AGAINST THE CORRECT PARTY CONTINUED
If your claim involves an ESTATE:
• The style should read “PERSON FILING THE LAWSUIT (replace with the person’s actual name) as personal representative of
the estate of PERSON WITH THE ESTATE (replace with the person’s name that has the estate), deceased”. Example: “JOHN
DOE as personal representative of the estate of JANE DOE, deceased”
• If the ESTATE is filing the lawsuit, the personal representative must file the lawsuit on behalf of the ESTATE.
• If an ESTATE is being sued, the personal representative of the estate must be served.
If your claim involves an INSURANCE COMPANY:
• The insurance company must be authorized to do business in the State of Florida.
• The exact name of the insurance company is needed. Example: LIBERTY INSURANCE COMPANY is not sufficient. There
are several listing under Liberty – Liberty Mutual, Liberty Mortgage
If your claim involves a MINOR:
• The style should read “PARENT/GUARDIAN NAME (replace this with the Parent/Guardian’s actual name) as legal guardian
of the minor child MINOR CHILD’S NAME (replace with the minor child’s actual name).
Example: “JOHN DOE as legal guardian of the minor child JANIE DOE”
• If the MINOR is filing the lawsuit, the Parent or Guardian of the MINOR must file the lawsuit on behalf of the MINOR.
• If the MINOR is being sued, the Parent or Guardian of the MINOR must be served.
If your claim involves a TRUST:
• The style should read “TRUSTEE NAME (replace this with the Trustee’s actual name) as trustee of the TRUST NAME
(replace with the Trust’s actual name). Example: “ JOHN DOE as trustee of the XYZ TRUST”
• If the TRUST is filing the lawsuit, the TRUSTEE must file the lawsuit on behalf of the TRUST.
• If the TRUST is being sued, the TRUSTEE of the TRUST must be served.
STEP 2 : FILING THE STATEMENT OF CLAIM
1. Submit the completed Statement of Claim form.
• This form may be submitted by mail or in person.
• The Statement of Claim must include your phone number.
• ALL PARTY PLAINTIFFS MUST SIGN THE STATEMENT OF CLAIM.
If you are filing as a CORPORATION, a corporate officer or authorized employee must sign the form. The authorized
employee must file a written authorization with the case in order for the summons to issue.
• The Clerk’s Office must be furnished with the original Statement of Claim for the court file and one copy for each defendant*.
If you are attaching exhibits, one copy of each must be furnished for the court file and one copy for each service upon each
defendant*.
* If your claim involves an INSURANCE COMPANY, the Florida Chief Financial Officer (formerly known as the Insurance
Commissioner) requires two copies of the Statement of Claim and exhibits to accompany the original and copies of the Summons
(Notice to Appear).
2. Pay the appropriate filing fee. (See the top of page 1 for this information)
• Checks for Statement of Claim should be made payable to: “CLERK OF THE CIRCUIT COURT”
STEP 3 : SERVING THE DEFENDANT(S) – $10.00 Summons Issuance Fee Payable to the Clerk of Court Required for
Each Summons – CHOOSE ONE OPTION BELOW:
Certified Mail Postage rates are subject to change. You may visit the United States Postal Services website at www.usps.com for current pricing.
• Make your check payable to the “CLERK OF THE CIRCUIT COURT”.
Service of Summons (Notice to Appear) by Process Server (Pinellas – payable to Process Server) or by out of county/state Sheriff
(payable to that Sheriff)
A List of Process Servers for Pinellas County is available through a link at www.mypinellasclerk.org to Pinellas Sheriff’s Office website.
PROVIDE THE CLERK WITH A SELF-ADDRESSED POSTAGE PAID ENVELOPE TO HAVE YOUR NOTICE TO APPEAR
RETURNED TO YOU FOR SERVICE BY THE PROCESS SERVER OF YOUR CHOICE OR THE APPROPRIATE OUT OF
COUNTY / OUT OF STATE SHERIFF. See Mailing Charges Guideline on next page.
• You must make the check payable to the Process Server or Sheriff of the county for which service of the summons (Notice to
Appear) will be made. Several Sheriffs in the State of Florida will not accept personal checks.
• It is your responsibility to verify address and cost of service when you are having your Defendant(s) served by a Process Server or
Sheriff of another county/state. You must determine the County, State, Defendant(s) address, Process Server / Sheriff’s fee to
serve the summons, whether the Process Server / Sheriff of that county will accept your personal check or if he/she requires a
Cashier Check or Money Order and whether the Process Server / Sheriff has any other Special Instructions.
• It is your responsibility to forward the Summons/Notice to Appear on to the Process Server or out of county / out of state Sheriff
with appropriate service fees.
Florida Chief Financial Officer (Insurance Companies only)…..$15.00 each Insurance Company
• Make your check payable to the “FLORIDA CHIEF FINANCIAL OFFICER”.
It is your responsibility to ensure service has been made prior to your Pre-trial Hearing.
SC 1/23/2020SMALL CLAIMS
INFORMATION SHEET
1. The Small Claims Court hears all cases at law in which the demand or value of property involved does not exceed $8,000.00
exclusive of costs, interest and attorney’s fees.
2. Pinellas County Small Claims Court uses a two (2) hearing procedure; a pre-trial conference and a final hearing, if required.
3. Plaintiff is the party who brings the lawsuit. Defendant is the party being sued.
4. For filing instructions, please see the Small Claims Filing Instruction Sheet.
This sheet is available online at www.mypinellasclerk.org or in the Civil Court Records Office located at 315 Court Street,
Clearwater or at the St. Petersburg Branch Office located at 545 1st Avenue North, St. Petersburg.
5. If the claim is based upon a written document, a copy or the material part thereof, shall be attached to the statement of claim.
6. Always bring originals of documents to be used in your case to all designated court appearances. Remember, originals are
retained by the court as evidence in proof of claims or defense so have copies to offer if you wish to retain originals.
7. You may be ordered to mediate at the pretrial conference. Mediation means “ a process whereby a neutral third person called a
mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal process with
the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement.” YOU OR YOUR
ATTORNEY MUST HAVE FULL AUTHORITY TO SETTLE WITHOUT FURTHER CONSULTATION AT PRE-TRIAL
MEDIATION.
8. If the controversy is not settled at the pre-trial conference, you must appear at trial date assigned for your case by the court with
all witnesses and proof that you need to present or defend your case.
9. All Plaintiffs need to appear at the Pre-Trial Conference. If you are represented by an attorney, your attorney may appear for you
at this hearing if your attorney has full settlement authority, however you can not appear in lieu of your attorney.
10. If you are a defendant and fail to appear on the designated date, in person or by an attorney, a judgment may be entered against
you. If you are a plaintiff and fail to appear on the designated date, in person or by an attorney, your case may be dismissed for
want of prosecution.
11. A corporation must be represented at every proceeding by an attorney, a corporate officer, or an authorized employee.
Appearance by anyone else may result in the corporation having its case dismissed or having a default judgment entered against
it. An employee’s authorization to represent a corporation must be in a notarized statement by a corporate officer or a notarized
Board of Director’s resolution.
12. Any claims of the Defendant against the Plaintiff arising out of the same transaction or occurrence which is the subject matter of
Plaintiff’s claim, shall be filed in writing not less than five (5) days prior to the pre-trial conference appearance date, or within
such time as the court designates at pre-trial conference. When a counterclaim or set-off exceeds the jurisdiction of the court
($8,000.00) exclusive of costs, interest, and attorney fees, it shall be filed in writing before or at the pre-trial hearing, and the
action shall then be transferred to the court having jurisdiction thereof. As evidence of good faith, the counterclaimant shall
deposit with the Clerk a sum sufficient to pay the filing fee in the court to which the case is to be transferred with the
Counterclaim. FAILURE TO MAKE DEPOSIT WAIVES THE RIGHT TO TRANSFER.
13. A copy of any paper that you file at any time with the Clerk or the Judge, other than the Statement of Claim, MUST be sent by
you to each attorney appearing in the case and to each party not represented by an attorney. You must set forth the date and to
whom you sent the copy (or copies) of the paper filed, which should be followed by your signature.
EXAMPLE: I certify that a copy hereof has been furnished to (name of all other parties or their attorneys with their (addresses) by
(mail) or (hand delivery) this ______ day of __________________________, _________ .
_________________________________________________
Your signature
14. If you are the Plaintiff and you decide at any time in the proceedings to dismiss your case, you will need to file a Notice of
Voluntary Dismissal form or signed written notification to the Clerk’s Office stating you want to dismiss your case.
15. If at any time in the proceedings the parties reach a settlement, the Plaintiff should notify the Clerk’s office in writing; if the case
has been set for hearing or trial, the judge’s office before whom trial is set should also be notified.
16. You must advise the Clerk in writing of any change in your mailing address.
SC 40B (01-23-202017. At the trial you may: (a) Tell your story of the case to the judge; (b) Ask the other person in the case any questions you wish
concerning the claim; (c) Show the papers or photos discussed at the pre-trial conference to help explain your story; (d) Call on
your witnesses to help explain the case. Do not be afraid to talk to the judge. The judge is there to be fair to all parties.
18. Judgment: This is the official judicial finding by the judge that a party is or is not entitled to the damages asked for in the small
claims lawsuit. The party who wins the case is called the Judgment Creditor and the one who loses is called the Judgment Debtor.
The judgment gives the winner additional legal rights, such as a lien on the judgment debtor’s non-homestead property, the right
to have the Sheriff levy on personal property, garnishment rights and other complex rights. The court does not collect money
damages for you, that is up to you. You may wish to consult with an attorney for advise on how to collect your judgment.
19. New Trial: Either party may move for a new trial no later than ten (10) days after the return of a jury verdict or the date of filing
of the judgment in a non-jury judgment. See the Clerk for instructions.
20. Appeals: Either party can appeal the judgment within thirty (30) days after it is rendered. You should always consult an attorney
if you are considering an appeal. Appeals are seldom taken since it is extremely difficult to have a judgment reversed on appeal
unless the proceedings before the small claims judge were recorded and transcribed by a court reporter.
If you have any questions regarding procedures, the Clerk’s office will assist you. We cannot furnish you legal advice. Please consult
your attorney for legal advice.
SC 1/23/2020SMALL CLAIMS PROCESS FLOWCHART
Plaintiff files case. Plaintiff can sue individual, individual doing business as company,
partnership, or corporation. Names must be consistent on Statement of Claim.
The Clerk schedules the Pre-Trial Hearing and sends notice to both parties.
(Defendant must be served.) Both parties must attend the hearing.
Defendant served by Process Server or Certified Mail. Insurance
Defendant not served cases must be sent to Florida Chief Financial Officer.
Request new DEFENDANT APPEARS Pre-Trial Conference DEFENDANT APPEARS
AT PRE-TRIAL AT PRE-TRIAL
Pre-Trial/Service (Mediation)
Stipulation to Stay Entry of Judgment Defendant served Trial, if Mediation unsuccessful
but does not
appear at Pre-Trial
Defendant pays Defendant does not pay
Judgment for Judgment for
Affidavit of Default Judgment Plaintiff Defendant
Notice of Voluntary
Dismissal Balance Due (Defendant pays or doesn’t
pay, (Satis. or Collect Jdmt.)
Case dismissed Default Judgment
Defendant Case closed
Defendant pays does not pay
Defendant does not
Defendant pays pay
Collecting Judgment Satisfaction of Collecting Judgment
Satisfaction of Judgment (options)
Judgment (options)
SC Flowchart – Revised 7/1/2010COUNTY COURT, PINELLAS COUNTY, FLORIDA
SMALL CLAIMS DIVISION
UCN: Reference No.:
Vs. Defendant 1 Plaintiff(s) Defendant 2
Defendant(s)
Address: Address:
STATEMENT OF CLAIM
Plaintiff(s) sue(s) the Defendant(s) for damages which do not exceed $8,000.00 exclusive of costs,
interest and attorney's fee for (check one category below):
( ) Auto Accident
( ) Bad Check - Select one: ( ) insufficient funds ( ) stop payment ( ) other
( ) Breach of Agreement - Select one: ( ) oral agreement ( ) written agreement
Select one:
( ) Goods or merchandise - Select one: ( ) sold by Plaintiff ( ) received by Plaintiff
( ) Money paid for either goods or services not provided
( ) Services including materials - Select one: ( ) rendered by Plaintiff ( ) received by Plaintiff
( ) Wages including salary, commission or fees
( ) Money loaned - Select one ( ) oral loan ( ) written loan
( ) Rent/Property Damage - Select one ( ) oral lease ( ) written lease
Amount claimed for Rent: Amount claimed for Property Damage:
( ) Security Deposit claim
( ) Other claim - Please specify:
Explain below the details (what happened, dates, times, place, etc.) of your claim. This section must be
completed.
( ) Attached is a copy of any written document(s) that is the basis of this claim.
WHEREFORE, the Plaintiff(s) demand judgment in the principal sum of $
plus court costs in the amount of $
plus interest in the amount of $
plus attorney's fee in the amount of $
Under penalties of perjury, I/ We declare that I/We have read the foregoing statement of claim, that the
facts stated in it are true, and that Defendant(s) is/are not in the military service of the United States.
Signature of Attorney for Plaintiff(s) Signature of all Plaintiff(s) or Company Representative
______________________________________________
Attorney Bar Print name of all Plaintiff(s) or Company Representative
Number ______________
___________________________________________
Plaintiff or Attorney Address: _____________________ Title (if applicable)
Telephone No. *Email address
*By providing your email address, you authorize the Court and the Clerk to communicate with you exclusively by email as
permitted by law.
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