Florida Small Claims Rule 7.060
RULE 7.060. PROCESS AND VENUE
(a) Summons/Notice to Appear Required. A
summons/notice to appear stating the time and place of hearing
shall be served on the defendant. The summons/notice to appear
shall inform the defendant, in a separate paragraph containing bold
type, of the defendant’s right of venue. This paragraph on venue
shall read:
Right to Venue. The law gives the person or company
who has sued you the right to file suit in any one of several
places as listed below. However, if you have been sued in any
place other than one of these places, you, as the defendant,
have the right to request that the case be moved to a proper
location or venue. A proper location or venue may be one of
the following:
1. Where the contract was entered into.
2. If the suit is on an unsecured promissory note,
where the note is signed or where the maker resides.
3. If the suit is to recover property or to foreclose a
lien, where the property is located.
4. Where the event giving rise to the suit occurred.
5. Where any one or more of the defendants sued
reside.
6. Any location agreed to in a contract.
7. In an action for money due, if there is no agreement
as to where suit may be filed, where payment is to be made.
If you, as a defendant, believe the plaintiff has not sued in one
of these correct places, you must appear on your court date and
orally request a transfer or you must file a written request for
transfer in affidavit form (sworn to under oath) with the court 7
days prior to your first court date and send a copy to the plaintiff or
plaintiff’s attorney, if any.
(b) Copy of Claim to Be Served. A copy of the statement of
claim shall be served with the summons/notice to appear.
Committee Notes
1988 Amendment. A statement is added to the “right to
venue notice” on the summons/notice to appear that proper venue
also lies in the county where payment is to be made. This conforms
with Florida law.
Clarification has been made that the notice is now known as
the summons/notice to appear.
Court Commentary
1980 Amendment. If the statutory venue, chapter 47, Florida
Statutes, is changed by the legislature, this change should be
reflected in the required notice.
(a) Summons/Notice to Appear Required. A
summons/notice to appear stating the time and place of hearing
shall be served on the defendant. The summons/notice to appear
shall inform the defendant, in a separate paragraph containing bold
type, of the defendant’s right of venue. This paragraph on venue
shall read:
Right to Venue. The law gives the person or company
who has sued you the right to file suit in any one of several
places as listed below. However, if you have been sued in any
place other than one of these places, you, as the defendant,
have the right to request that the case be moved to a proper
location or venue. A proper location or venue may be one of
the following:
1. Where the contract was entered into.
2. If the suit is on an unsecured promissory note,
where the note is signed or where the maker resides.
3. If the suit is to recover property or to foreclose a
lien, where the property is located.
4. Where the event giving rise to the suit occurred.
5. Where any one or more of the defendants sued
reside.
6. Any location agreed to in a contract.
7. In an action for money due, if there is no agreement
as to where suit may be filed, where payment is to be made.
If you, as a defendant, believe the plaintiff has not sued in one
of these correct places, you must appear on your court date and
orally request a transfer or you must file a written request for
transfer in affidavit form (sworn to under oath) with the court 7
days prior to your first court date and send a copy to the plaintiff or
plaintiff’s attorney, if any.
(b) Copy of Claim to Be Served. A copy of the statement of
claim shall be served with the summons/notice to appear.
Committee Notes
1988 Amendment. A statement is added to the “right to
venue notice” on the summons/notice to appear that proper venue
also lies in the county where payment is to be made. This conforms
with Florida law.
Clarification has been made that the notice is now known as
the summons/notice to appear.
Court Commentary
1980 Amendment. If the statutory venue, chapter 47, Florida
Statutes, is changed by the legislature, this change should be
reflected in the required notice.