The Paperwork You Need in Order to Complete to File a Lawsuit
When you feel that someone owes you money, property, or other assets, it is natural to want to recover those items. However, navigating the civil court system in Florida can be quite overwhelming. Figuring out exactly which documents you need to complete and submit for a lawsuit is confusing and entirely dependent on the specifics of your case. This is why for any claim over $8,000, the court recommends (but does not require) that you consult with an attorney to complete the required forms. The Clerk of Court’s office does not provide assistance with completing civil claims forms and documents.
ln Ocala, claims for less than $8,000 are handled by the Marion County Summary (Small) Claims Court, while claims from $8,000 to $30,000 are dealt with in County Civil Court. Regardless of the amount of your claim, there is some basic paperwork that must be completed:
Complaint
Known as a Complaint for Replevin and/or Statement of Claim, this document details your accusations against the defendant. It is filed with the Clerk of Court and also served to the defendant using the local sheriff’s department or a certified private process server.
Summons
Along with the complaint, you must complete a summons for the defendant to appear in court. The Clerk of Court will provide you with a pretrial date and time for the summons when you file your paperwork there. You must serve the defendant with the complaint and summons before the pretrial date so they have enough notice to prepare. Using a reputable private process server is a smart move to avoid delays. If the defendant is not served on time, you will have to reschedule the pretrial date and complete a new summons, ultimately paying that fee once again.
In addition to a complaint and summons, there are a variety of other forms you may need to complete and serve for your case, including:
- Affidavit of Amount Due
- Motions
- Service of Process Selection
- Subpoena Duces Tecum
- Witness Subpoenas
- Various Writs
Note that this is not an exhaustive list. All of these forms have different requirements for completion, filing, and service to case parties.
Regardless of if you decide to attempt a civil claim on your own or use an attorney, using an experienced, local process server is the best way to ensure all case paperwork makes it where it must go. At Accurate Serve® in Ocala, we take pride in serving process, retrieving documents, and completing diligent searches correctly and expeditiously. Call us at (352) 278-2188 or visit us online at https://www.accurateserveocala.com/ to see all our services to help you during your lawsuit.