Results 1 to 6 of 6
  1. #1

    Question Service of Process for Small Claims Court in Florida

    State of Florida. Please assist with the understanding to the following, thank you.

    I cannot find under the Florida Small Claims Court Rules or Florida Civil Procedure Rules regarding the following:

    1. How many days should there be between being served personally and the date for pre-trial hearing; meaning should it be at least 5, 7, or 20 days?

    2. Is it “legal” or “sufficient” if a person is served the day before the pre-trial hearing?

    Related matter:
    When computing the time, do you count weekends and holidays?

    Second concern, Small Claims Court Rule

    RULE 7.090. APPEARANCE; DEFENSIVE PLEADINGS; TRIAL DATE

    (b) Notice to Appear; Pretrial Conference. The summons/notice to appear shall specify that the initial
    appearance shall be for a pretrial conference. The initial pretrial conference shall be set by the clerk not more than 50 days from the date of the filing of the action. At the pretrial conference, all of the following matters shall be considered:

    Committee Notes
    1972 Amendment. Rule 7.120 is incorporated in subdivision (c). It is slightly expanded to provide for a computation period from service by mail and to give the parties the right to stipulate to a shorter time for the trial.
    1984 Amendment. This change requires the use of a pretrial procedure and requires both parties to attend the pretrial conference which can be used to resolve pretrial motions. The use of a pretrial previously varied from county to county.
    1988 Amendment. (b) 1st sentence — Chair’s clarification.

    2nd sentence — Require the clerk to set the initial pretrial conference within a reasonable time after filing of the action taking into
    consideration the fact that the time standards guideline for small claims cases is 95 days.
    Question: What does Committee Note, 1988 Amendment, 2nd Sentence mean by “…the time standards guideline for small claims cases is 95 days” when read with Subparagraph (b) “…50 days…” Is 95 days somewhat a deadline to set a pretrial conference or hear and dispose of case?

    Thank you.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: FL Small Claims & Service of Process

    How (and why) would a court schedule a pretrial hearing if the defendant has not yet been served, with a return of service filed with the court? Or are you describing some other type of situation?

  3. #3

    Post Re: Service of Process for Small Claims Court in Florida

    Hello Aaron,

    It’s a small claims action.

    How (and why) would a court schedule a pretrial hearing if the defendant has not yet been served, with a return of service filed with the court? Or are you describing some other type of situation?
    Question: Do pretrial hearing and pretrial conference mean the same thing?

    So far this is what happened:
    1. A Stmt of Claim was filed, fees accessed and paid, and a pretrial conference was scheduled for a specific future date (done all on the same day of filing.)
    2. Then, process returned unserved and P canceled the pretrial conf.
    3. An alias summons was issued and a pretrial hearing is scheduled for a specific future date.
    Up to now, the defendant has not been served.

    Thank you Aaron for responding and your help.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Service of Process for Small Claims Court in Florida

    Who are you in this?

  5. #5

    Post Re: Service of Process for Small Claims Court in Florida

    Defendant, thanks.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Service of Process for Small Claims Court in Florida

    Then please stop with the abstract stuff, outline the actual facts, and state your question.

    1. Sponsored Links
       

Similar Threads

  1. Traffic Accidents: Small Claims Court
    By steel in forum Accidents and Injuries
    Replies: 5
    Last Post: 10-13-2009, 07:39 PM
  2. Service of Process: Service of a Small Claims Lawsuit
    By ths in forum Civil Procedure
    Replies: 2
    Last Post: 09-30-2009, 05:44 PM
  3. Security Deposits: Small Court Claims Court in San Francisco, California
    By LA20 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-03-2009, 07:17 AM
  4. Defenses: Limitations on Service for Small Claims Court
    By exfratboy in forum Civil Procedure
    Replies: 2
    Last Post: 02-16-2009, 09:06 AM
  5. Going to Small Claims Court
    By Bluepitmommy in forum Civil Procedure
    Replies: 1
    Last Post: 09-22-2007, 07:20 AM
 
 
Sponsored Links

Legal Help, Information and Resources