How do I file a petition to go to court myself??

Question

Based on my last few questions, I feel I need to go to court to get my property back... Do to the property not being worth that much, and the cost involved to get a lawyer to file this and represent me, I feel the only logical way to do this is to file myself and represent myself. So is it possible, and how would one go about doing this? This is simply a dispute over personal property. Small claims is not a possibility. SO, can I get this done myself?? Any Qualified answers would be much appreciated. Thanks!

Small claims court isn't an option purely because this is a dispute over PROPERTY, small claims is only for monetary disputes.

Answer 1

If you think someone stole something, call the police, and at least have a police report on record (which will help your civil claim).
Small claims are generally claims not exceeding $2,500 (Florida law).
If this dispute does NOT involve a contract, then this would be an action for CONVERSION (civil theft).
If this action involves a contract, then seek SPECIFIC PERFORMANCE (ask the court to get the property back)

You do not need an attorney, but go to your local CLERK OF COUNTY COURT and ask for the forms.....Do some research, draft the complaint(plus other docs), file it with the clerk of court, and get the SHERIFF to serve the DEFENDANT. Once you have accomplished that call the clerk of court and ask them what to do (if they haven't already done so)

In Florida, you are required to attend Mediation, and if that fails you go to the Judge, present evidence, and he makes a ruling.

Good luck

Answer 2

Here are few obvious questions and answers:

You say it is a dispute over personal properties and it is not worth that much. You also said that small claims court is not a possibility.

Why is this? Small claims courts are made for this kind of disputes. You show an evidence to show your ownership. YOu state your claims. Pretty simple. Elaborate court procedures are NOT used in small claims court. You don't need a lawyer to file a small court claims and a form and a process to file and go through one is fairly simple.

If you want to pursue this, go to any cleark of the courts' office. A reprsentitve will give you the form. There are plenty of books you can buy on how to do this. A cleark will also give you a small booklet in most places.

If you must go to a higher court, you should at least go see a lawyer and seek advise. It will only cost about 100 dollars to see one for an hour. It will quickly be obvious if you even have a chance of winning, or if you even have a case.

Answer 3

This is a civil action. The papers must be filed in civil court. You will have to pay a filing fee (varies by county, call circuit clerk). There are several websites that will help you fill out the forms properly. You will need to take the completed forms along with the filing fee to the circuit clerks office. The opposing party will be served and allowed time (usually 30 days) to file their own response, and a date set for trial. At trial you will need 3 copies of every piece of evidence(one for you, one for judge, and one for The opposing party). You will need to present your evidence in an orderly, logical manner. The opposing party will of course be allowed to dispute your claims and present their own evidence and they may have legal representation. You have the right to not only present evidence but have witnesses and question them as well as opposing party under oath. The opposing party will be afforded the same opportunities. Finally, the judge may ask any of you questions, under oath or not. The judge could issue a ruling right then or may choose to issue a ruling later, in the form of a letter mailed to your home.
In the case of the dog, you may have to share custody of it in the end.

Answer 4

Find the small claims court in your town/city/county, either where your ex lives, or where the events giving rise to the dispute took place (i.e. where you both lived together). Ask the clerk for the paperwork. You just write down your complaint in ordinary language - they will help you do it. THey'll schedule a hearing and you'll come back in a month or two. After that, its basically just judge Matthis style. GOod luck geting your dog back

Answer 5

I does variety state to state. i grew to become into waiting to acquire varieties from the internet, fill them out, have them notarized, and easily mail them in to petition the court to open my records. Then the court assigned the case to a court sanctioned private middleman who's the quite individual who looks on the archives and does the investigatory artwork to discover, in my case, my bparents. The CI is likewise the guy who contacts the sought-after and can get written permission it quite is filed with the court for launch of that individual's identity. that's all very formal, and that i cherished that. If I undergo in innovations properly it value approximately $750. i did no longer get to be certain my document, nor grew to become into I presented copies of something by way of fact the two bparents might have had to sign over that precise to me...and that they does no longer. So bear in mind that whether you get permission to open the records, the respond might desire to nonetheless be no.

Answer 6

Magistrate. Most county courts have a pro bono attorney that will help you fill out the paperwork or they can point you in the right direction.

Answer 7

You can get the form from the local courthouse. i would advise against proceeding without an attorney

Answer 8

Totally check out www.legalzoom.com