Why small claims vs county vs circuit?

[SuperFrustrated77]

Florida

I'm trying to figure out what the differences are between the various courts when filing small claims. Talking to most, I have been told to get a lawyer and go that route... however, based on us having to pay to fix so many things in our new house we simply cannot afford a lawyer at this point. There is well over $5000 and even $15,000 of things that need to be fixed. What are the main differences between Small Claims, County and Circuit Court? I can't imagine the difference is just a monetary amount...? Basically why wouldn't I file in County or Circuit as opposed to Small Claims?

Thanks!

COUNTY COURT:
Handles violations of county and city ordinances
Misdemeanors, or minor offenses that could lead to a maximum sentence of one year in the county jail
Civil cases involving amounts of $15,000 or less, such as landlord-tenant or small claims disputes
All traffic violations
CIRCUIT COURT:
Hears family cases, such as dissolution of marriage, guardianship and juvenile delinquency
Felony offenses
Probate matters: Examples of which are processing of wills and settling estates
Civil cases involving a dispute of more than $15,000
Appeals from County Court

 

[quincy]

Florida

I'm trying to figure out what the differences are between the various courts when filing small claims. Talking to most, I have been told to get a lawyer and go that route... however, based on us having to pay to fix so many things in our new house we simply cannot afford a lawyer at this point. There is well over $5000 and even $15,000 of things that need to be fixed. What are the main differences between Small Claims, County and Circuit Court? I can't imagine the difference is just a monetary amount...? Basically why wouldn't I file in County or Circuit as opposed to Small Claims?

Thanks!

COUNTY COURT:
Handles violations of county and city ordinances
Misdemeanors, or minor offenses that could lead to a maximum sentence of one year in the county jail
Civil cases involving amounts of $15,000 or less, such as landlord-tenant or small claims disputes
All traffic violations
CIRCUIT COURT:
Hears family cases, such as dissolution of marriage, guardianship and juvenile delinquency
Felony offenses
Probate matters: Examples of which are processing of wills and settling estates
Civil cases involving a dispute of more than $15,000
Appeals from County Court

The dollar amount.

Small claims courts are for minor disputes.

 

[Zigner]

Per your posted information, small claims matters are heard in County Court. Small claims hearings are more "relaxed" when it comes to rules, procedures, etc.

 

[PayrollHRGuy]

Small claims in Florida is limited to $5000. The advantage is that you can't use a lawyer and neither can the other party If they try it will be kicked to a higher court. Most Small Claims Courts are also a little more relaxed on the rules than higher courts.

In County or Circuit Courts you should have a lawyer because if for no other reason the other party likely will.

 

[SuperFrustrated77]

Per your posted information, small claims matters are heard in County Court. Small claims hearings are more "relaxed" when it comes to rules, procedures, etc.

I read that as well... is anything other than small claims something I don't want to get into unless I have a lawyer I'm assuming?

 

[SuperFrustrated77]

Small claims in Florida is limited to $5000. The advantage is that you can't use a lawyer and neither can the other party If they try it will be kicked to a higher court. Most Small Claims Courts are also a little more relaxed on the rules than higher courts.

In County or Circuit Courts you should have a lawyer because if for no other reason the other party likely will.

Well that's bad news I suppose... we're tight and cannot afford $250+/hour. So sounds like I'm stuck with recouping next to nothing on this new house. How disappointing.

 

[quincy]

You can have an attorney in small claims courts in Florida.

 

[SuperFrustrated77]

You can have an attorney in small claims courts in Florida.

So why not use a higher court if that's the case? Or will all the formalities trip me up?

 

[quincy]

So why not use a higher court if that's the case? Or will all the formalities trip me up?

In a higher court, if you are appearing without an attorney, you will still be expected to know the rules and procedures as if you were an attorney. In small claims actions, there is not that expectation.

 

[adjusterjack]

So why not use a higher court if that's the case? Or will all the formalities trip me up?

Yep, the formalities will get you if you don't have a lawyer who knows the formalities. The court won't give you any quarter because it will expect you to know just as much as a lawyer does if you represent yourself in a higher court.

 

[quincy]

If your damages are closer to $15,000
rather than $5,000, you probably would be smart to have an attorney.