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10 tips

By Laura T. Coffey, Times correspondent
Published March 4, 2007

Are you convinced that your contractor, landlord, dry cleaner or another person or business owes you money? Small claims court could allow you to resolve the matter quickly. But even if you win, it can be a challenge to collect. Consider these tips:

1 Understand what a small claim is. You must be able to assign a dollar value to your dispute and show you've suffered a monetary loss if you plan to sue in small-claims court. In Florida, the dollar amount can't exceed $5,000.

2 Do a cost-benefit analysis. Even if you have a claim for more than $5,000, it may be worth your while to go to small-claims court rather than regular court. You'll be able to put the matter behind you more quickly and won't have to spend money on attorneys' fees.

3 Try to settle the matter outside of court. Particularly if you're dealing with a neighbor or a local business owner, it's wise to attempt to resolve the situation informally. If that doesn't work, start writing letters to the person or company and hang on to copies. You could try mediation instead of suing; your court clerk could direct you to a good mediator or program.

4 Be diligent about record-keeping. Keep relevant receipts, warranties, contracts, leases, repair estimates, paid bills, canceled checks, etc. Set aside "before" and "after" photos of a damaged item.

5 Know what to expect. Once you file a complaint in small-claims court, your dispute likely will be heard within a month or two, and the hearing should take 15 minutes or less. The atmosphere is more relaxed than in regular court, but you need to be thoroughly prepared to present your key evidence quickly.

6 Be a spectator first. To help yourself feel calmer before your court date, sit in on some cases - ideally ones being heard by your judge.

7 Remember the details. If you go to court and win, ask the judge to require the defendant to cover your filing costs, court fees and fees associated with tracking down documents and witnesses.

8 Give yourself a reality check. You'll be responsible for collecting the money you're owed if you win. If the person you're suing has no money, the small claims process could be a waste of time. And if you must resort to hiring a collection agency, you'll lose one-third to one-half of the judgment amount.

9 You have some recourse. If the debtor doesn't appeal the judgment and fails to pay you, you can get a court order authorizing a sheriff to collect the money. You can have the debtor's employer garnishee his or her wages, and you can file a lien against the debtor's property.

10 Seek out detailed advice. You can visit the Web site of the Clerk of the Circuit Court for Pinellas County www.pinellasclerk.org and click on a link to a video about how to file a small claims case. Web sites for the Clerk of the Circuit Court for other counties in the Tampa Bay area contain helpful information, as well. Check out the book How to Win in Small Claims Court in Florida by Mark Warda. Your public library should have a copy.

Laura T. Coffey (laura@tentips.org)

Sources: Kiplinger's Personal Finance magazine (www.kiplinger.com); Encyclopedia of Everyday Law (law.enotes.com); "Everybody's Guide to Small Claims Court" by Ralph Warner, published by Nolo (www.nolo.com)

[Last modified March 2, 2007, 20:58:30]