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Filing a small claims case allows you to have the court determine your legal rights in cases of up to $5,000. However, a new court rule forbids judges to explain your legal rights, and without this knowledge you can lose your case. How to Win in Small Claims Court in Florida simplifies and thoroughly explains everything you need to know to successfully handle your own small claims case, whether you are the plaintiff or defendant.Complete with court terminology, step-by-step instructions and the forms you need, this book makes filing or defending suits in small claims court inexpensive and hassle-free.This book explains in simple language:Whether you have a valid caseRules of evidenceHow to file your caseUsing expert witnessesArguing your caseFollowing rules of evidenceDefending your caseCollecting your judgmentSettling your caseGarnishing wagesCountersuing
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LORIDA • Glossary
• Checklists for preparation
Mark Warda
7TH EDITION
Attorney at Law
HOW TO WIN IN SMALL CLAIMS COURT IN FLORIDA Seventh Edition Mark Warda Attorney at Law
SPHINX PUBLISHING ®
AN IMPRINT OF S OURCEBOOKS, I NC.® NAPERVILLE, I LLINOIS w w w. S p h i n x L ega l . c o m
Copyright © 1985, 1989, 1991, 1993, 1994, 1998, 2002 by Mark Warda Cover and internal design © 2002 by Sourcebooks, Inc. All rights reserved. No part of this book may be reproduced in any form or by any electronic or mechanical means including information storage and retrieval systems—except in the case of brief quotations embodied in critical articles or reviews, or in the case of the exercises in this book solely for the personal use of the purchaser—without permission in writing from its publisher, Sourcebooks, Inc.
Seventh Edition, 2002 Published by: Sourcebooks, Inc. Naperville Office P.O. Box 4410 Naperville, Illinois 60567-4410 630-961-3900 Fax: 630-961-2168 www.sourcebooks.com wwwSphinxLegal.com
This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. From a Declaration of Principles Jointly Adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations
This product is not a substitute for legal advice. Disclaimer required by Texas statutes.
Library of Congress Cataloging-in-Publication Data Warda, Mark. How to win in small claims court in Florida / Mark Warda.-- 7th ed. p. cm. -- (Legal survival guides) Includes index. ISBN 1-57248-204-4 (alk. paper) 1. Small claims courts--Florida--Popular works. I. Title. II. Series. KFF521.Z9 W37 2002 347.759'04--dc21 2002072401
Printed and bound in the United States of America. VHG Paperback — 10 9 8 7 6 5 4 3 2 1
CONTENTS
USING SELF-HELP LAW BOOKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xi CHAPTER 1:SMALL CLA