How can you sue an individual who owes you in the excess of thousands?

Question

In essence, I lend this individual $4,000 to pay her probation off and it been over a year later and there is still no payment. There are also others who I was stupid enough to lend money to. How can I use Small Claims Court in the state of Florida to reclaim my money? Furthermore, are there anything other than Small Claims Court I can use to get the money back? Please help me in this venue. Thank you in advance.

Answer 1

You have to use small claims since this is not a credit or barter issue.
Filing a legal action and representing yourself in court can be a puzzling and frustrating processs.
So what is a small claims action? It’s when there is a dispute between two parties, and the issue in controversy does not exceed $5,000. You should review Chapter 34 of the Florida Statutes for a description of which causes of action are covered under small claims in the county court. Also review the small claims rules of procedure located in section 7 of the Florida Rules of Court for more detailed information. The statutes and rules of procedure which apply will depend upon the type of case filed. It is strongly recommended that you familiarize yourself with the laws that apply to your particular case by visiting your local law library.
The first step in filing a small claims action is obtaining and filling out the necessary forms usually consisting of a statement of claim and a notice or service of process which requires the parties to appear at a specified pretrial conference. Small claims forms are available in the clerk’s office in the county courthouse of the county in which you intend to file. Usually the county you live in.
Litigants should check with their county clerk’s office to see what forms are available. But remember, the clerk cannot give legal advice and therefore cannot tell you which forms you will need. Once the form is completed, copies of all documents relating to the case, such as a contract or lease should be attached to the statement of claim. The plaintiff (you) must pay the filing fee charged by the clerk and give the forms to the clerk for filing.
The clerk will create a court file and issue a notice or service of process. The clerk may also provide the date and time for the pre-trial conference on the service of process. The plaintiff (you)must provide all of this information to the defendant (person you are suing).
Once the statement of claim has been completed and filed with the clerk of court, the plaintiff must provide the defendant with the copies of the statement of claim and the service of process form. In a small claims case, there are two general ways to provide the defendant with these forms.

1. Certified Mail

2. Sheriff Delivery

Once the defendant has been served with the statement of claim and the service of process form, both parties must attend a pretrial conference on the date and time indicated on the service of process form. At the pretrial conference, the judge will review the pleadings and documents and may simplify the issues, refer the case to mediation, and take care of any other matters as needed. You may settle the case with the other party before or at the pretrial conference by entering into and filing a stipulation agreement. This agreement can settle all or part of the case and becomes part of the court order.
Sometimes, the participation of a third, neutral party is helpful in aiding the litigants in reaching an agreement. This process is called mediation.
If the parties are unable to reach an agreement through stipulation or mediation, they must appear for trial on the date and at the time scheduled by the clerk during the pretrial conference. When the defendant fails to respond or show up to defend against the statement of claim, the clerk or the judge may enter a default judgment. All parties are bound by the applicable law and the court cannot help you to present your case. The parties must make certain to bring all evidence and witnesses to the trial but keep in mind that letters, affidavits, and estimates may not be accepted as evidence.
At trial, both parties will have the opportunity to speak to the judge and ask questions of each other and witnesses. The judge may ask questions of the plaintiff, defendant and witnesses as needed. The judge will consider all evidence and testimony, and make a ruling on the case. The judge’s ruling will then be written in the form of a judgment. Sometimes, the judge does not make a decision at trial and the judgment will be mailed to both parties.
A judgment is the written decision of the case and includes the amount of money to be paid by one party to another, acts which must be performed, or property which must be transferred. After the judgment is signed, it will be recorded in the county’s public records and will be provided to the parties either at the conclusion of the trial or later by mail.
After the judgment is entered, the winning party may need to execute and enforce the terms of the judgment in order to collect money or property. If judgment monies are paid in full, the plaintiff must furnish the defendant with a completed satisfaction of judgment form which can be obtained from the clerk’s office.
It is important to realize that just because you have won a judgment does not mean collection of judgment monies is guaranteed. The court cannot and does not guarantee collection of judgment monies.

Sample brochure and forms in links below:

Hope that helps.

mndapa1, President of Brainerd Lakes Area COPWatch

Answer 2

First, you should check and see if there is a small claim advisor office in your area. Now, they can give you general procedural advice about how to proceed, and in some cases they will even help you fill out the form pleading to file with the
court. A couple of things to be aware of: First, be sure you file the action in the proper venue. That will be either where the loan
was made, or where the debtor lives. Second, be sure that you file in the proper forum. By that I mean that certain courts have
limits on the amount in controversy that they can hear. Small claims is usually about $4,000, so I think youre ok there. Another thing is dont wait any longer to file your action. The statute of limitation will be determined by how the loan was made. Breach of a written agreement, if there was one, is 4 years. If the agreement was oral, its 2 years. And if neither applies, the cause of action is value of a thing taken and kept, which in most
cases is three years. This should also be reported to law enforcement, if it hasnt been already. The amount is clearly in the range where a charge of grand larceny could be brought by the local DA, and that could help you recover.
Now the down side. Having a judgment is no guarantee of recovery, because some debtors are what is known in the trade as judgment proof. What that means is that they have no property of value to satisfy a judgment, and not enough income for a garnishment of wages to be effective. That doesnt mean you cant sue or that you shouldnt, it is the hard yet undeniable fact that the hardest part of any civil case is the recovery.
Good luck!

Answer 3

The County you live in should have a website with information on how to file a complaint. You may (at least in California we do this) have to hire a process server to deliver the summons to the person in question.

If you have a receipt of the payoff, this will help you.