How to File Civil Lawsuits in Miami, Florida

Small claims, family law, landlord-tenant, personal injury and medical malpractice are all types of civil lawsuits. The party who files the lawsuit is referred to as the plaintiff. The person against whom the case is filed is referred to as the defendant. To start the case, you will need to file a complaint in the court that handles the type of case your filing will create.

Instructions

1. Locate the proper court forms. The court clerk's office at either the circuit court or the small claims court in Miami-Dade County has forms available for a variety of civil cases. Ask for a complaint and civil coversheet and other necessary forms for your case type. There are some forms available online on the Miami-Dade website, but all forms need to be filed in person. To reach the court clerk for the civil division call 305-275-1155.

2. Complete the complaint and civil coversheet. Provide the most accurate dates possible in the complaint and a reasonable guess regarding the amount of damages you are asking for. You are not expected to state an exact amount for damages because it's understood that, at this point, you will not have all information regarding your case.

3. File the complaint and pay whatever filing fee is required. If you are unable to pay the filing fee, ask the clerk for a form that allows the court to waive the fee for plaintiffs in need. Call ahead to confirm the fee for your case.

4. Serve the defendant with a copy of the complaint and the summons you received with the court clerk when you filed your papers. You can serve by certified mail, through a process server not related to the case or through the sheriff's office. Call the certified civil process servers program at 305-349-7707, to obtain contact information for your local sheriff's office or certified process servers.

Tips & Warnings

• If your claim is for less than $5,000, you can file in small claims court where your court date will be earlier than if you file in a circuit court.

References

• Clerk of the Courts -- Miami-Dade County Florida: Fees
• Clerk of the Courts -- Miami-Dade County Florida: Civil Court Services
• Miami-Dade: Small Claims Court Clinic