Florida Small Claims Rule 7.050
RULE 7.050. COMMENCEMENT OF ACTION; STATEMENT OF
CLAIM
(a) Commencement.
(1) Statement of Claim. Actions are commenced by the
filing of a statement of claim in concise form, which shall inform the
defendant of the basis and the amount of the claim. If the claim is
based on a written document, a copy or the material part thereof
shall be attached to the statement of claim. All documents served
upon the defendant with initial process shall be filed with the court.
(2) Party Not Represented by Attorney to Sign. A party,
individual, or business entity recognized under Florida law who or
which has no attorney handling such cause shall sign that party’s
statement of claim or other paper and state that party’s address
and telephone number, including area code, and may include an e-
mail address. However, if the trial court in its discretion determines
that the plaintiff is engaged in the business of collecting claims and
holds such claim being sued upon by purchase, assignment, or
management arrangement in the operation of such business, the
court may require that business entity to provide counsel in the
prosecution of the cause. Any business entity recognized under
Florida law may be represented at any stage of the trial court
proceedings by any principal of the business entity who has legal
authority to bind the business entity or any employee authorized in
writing by a principal of the business entity. A principal is defined
as being an officer, member, managing member, or partner of the
business entity. A non-attorney may not represent a business entity
in appellate proceedings.
(b) Parties. The names, addresses, and, if known, telephone
numbers, including area code, of all parties or their attorneys, if
any, must be stated on the statement of claim. A party not
represented by an attorney may include an e-mail address.
Additionally, attorneys must include their Florida Bar number on
all papers filed with the court, as well as an e-mail address, in
compliance with the Florida Rules of General Practice and Judicial
Administration 2.515 and 2.516. A statement of claim shall not be
subject to dismissal for the failure to include a telephone number.
(c) Clerk’s Duties. The clerk shall assist in the preparation
of a statement of claim and other papers to be filed in the action at
the request of any litigant. The clerk shall not be required to
prepare papers on constructive service, substituted service,
proceedings supplementary to execution, or discovery procedures.
(d) Summons/Notice to Appear for Pretrial Conference.
The court shall furnish all parties with a notice of the day and hour
set for the pretrial conference.
(e) Replevin. In those replevin cases to which these rules
are applicable, the clerk of the county court shall set the hearing
required by section 78.065(2)(a), Florida Statutes, (prejudgment
replevin order to show cause hearings) and rule 7.090(b) (pretrial
conferences) at the same time.
Committee Notes
1988 Amendment. Subdivision (a)(2): To clarify who may
appear and represent a corporation in a small claims case.
Subdivision (b): First sentence is to conform Florida Small
Claims Rules with Florida Rules of Judicial Administration 2.060(d)
and 2.060(e). Second sentence is to conform to proposed
amendment to rules of judicial administration.
Subdivision (e): Require that the order to show cause hearing
required in small claims replevin cases and the pretrial conference
required by the small claims rules be held at the same time to save
time and avoid confusion.
2010 Amendment. A sentence is added to subdivision (a)(1)
to ensure that the courts have access to all documents served with
initial process.
2013 Amendment. Subdivision (b) is amended to clarify that
a party is required to list an opposing party’s telephone number
only if that telephone number is known. Additionally, the rule is
amended to clarify that the requirement of including a telephone
number is not grounds for dismissal.
Court Commentary
1972 Amendment. The statement of claim need not be
verified.
Subdivision (c) is amended so as to provide that the clerk shall
not be required to prepare papers on substituted service.
CLAIM
(a) Commencement.
(1) Statement of Claim. Actions are commenced by the
filing of a statement of claim in concise form, which shall inform the
defendant of the basis and the amount of the claim. If the claim is
based on a written document, a copy or the material part thereof
shall be attached to the statement of claim. All documents served
upon the defendant with initial process shall be filed with the court.
(2) Party Not Represented by Attorney to Sign. A party,
individual, or business entity recognized under Florida law who or
which has no attorney handling such cause shall sign that party’s
statement of claim or other paper and state that party’s address
and telephone number, including area code, and may include an e-
mail address. However, if the trial court in its discretion determines
that the plaintiff is engaged in the business of collecting claims and
holds such claim being sued upon by purchase, assignment, or
management arrangement in the operation of such business, the
court may require that business entity to provide counsel in the
prosecution of the cause. Any business entity recognized under
Florida law may be represented at any stage of the trial court
proceedings by any principal of the business entity who has legal
authority to bind the business entity or any employee authorized in
writing by a principal of the business entity. A principal is defined
as being an officer, member, managing member, or partner of the
business entity. A non-attorney may not represent a business entity
in appellate proceedings.
(b) Parties. The names, addresses, and, if known, telephone
numbers, including area code, of all parties or their attorneys, if
any, must be stated on the statement of claim. A party not
represented by an attorney may include an e-mail address.
Additionally, attorneys must include their Florida Bar number on
all papers filed with the court, as well as an e-mail address, in
compliance with the Florida Rules of General Practice and Judicial
Administration 2.515 and 2.516. A statement of claim shall not be
subject to dismissal for the failure to include a telephone number.
(c) Clerk’s Duties. The clerk shall assist in the preparation
of a statement of claim and other papers to be filed in the action at
the request of any litigant. The clerk shall not be required to
prepare papers on constructive service, substituted service,
proceedings supplementary to execution, or discovery procedures.
(d) Summons/Notice to Appear for Pretrial Conference.
The court shall furnish all parties with a notice of the day and hour
set for the pretrial conference.
(e) Replevin. In those replevin cases to which these rules
are applicable, the clerk of the county court shall set the hearing
required by section 78.065(2)(a), Florida Statutes, (prejudgment
replevin order to show cause hearings) and rule 7.090(b) (pretrial
conferences) at the same time.
Committee Notes
1988 Amendment. Subdivision (a)(2): To clarify who may
appear and represent a corporation in a small claims case.
Subdivision (b): First sentence is to conform Florida Small
Claims Rules with Florida Rules of Judicial Administration 2.060(d)
and 2.060(e). Second sentence is to conform to proposed
amendment to rules of judicial administration.
Subdivision (e): Require that the order to show cause hearing
required in small claims replevin cases and the pretrial conference
required by the small claims rules be held at the same time to save
time and avoid confusion.
2010 Amendment. A sentence is added to subdivision (a)(1)
to ensure that the courts have access to all documents served with
initial process.
2013 Amendment. Subdivision (b) is amended to clarify that
a party is required to list an opposing party’s telephone number
only if that telephone number is known. Additionally, the rule is
amended to clarify that the requirement of including a telephone
number is not grounds for dismissal.
Court Commentary
1972 Amendment. The statement of claim need not be
verified.
Subdivision (c) is amended so as to provide that the clerk shall
not be required to prepare papers on substituted service.