Service of Process for Small Claims vs. Civil Court: What’s the Difference?

If you need to file a small claims or civil court case in Florida’s 19th Judicial Circuit, it’s important to understand the distinctions between these two systems. Both courts serve as avenues for resolving disputes, but they differ significantly in their scope. For plaintiffs and defendants alike, knowing these differences can make the legal process smoother while ensuring compliance with Florida law, including serving process to the parties involved.

Small Claims Court in the 19th Judicial Circuit

Small claims court in the 19th Judicial Circuit, which includes Port St. Lucie, Okeechobee, Vero Beach, and Stuart, is designed to handle disputes involving damages up to $8,000. This court provides a simplified legal process, making it more accessible for individuals and businesses with smaller claims.

Key Features of Small Claims Court:

1. 1. Filing Requirements 

      To initiate a small claims case, the plaintiff must file a Statement of Claim with the clerk of court. This form outlines the basis of the claim and the damages sought. Plaintiffs representing themselves can file electronically via the statewide e-filing portal at www.myflcourtaccess.com. Filing fees are determined by the specifics of the case being filed.

   2. Representation 

      Plaintiffs and defendants can represent themselves in small claims court, although hiring an attorney is also an option. The simplified process, however, is designed to make legal representation less of a necessity.

   3. Service of Process in Small Claims 

      Once the case is filed, the defendant must be formally notified of the lawsuit through service of process. In small claims cases, this involves either a certified process server or a local sheriff delivering the Statement of Claim and summons directly to the defendant. Proper service is essential to ensure the case proceeds.

   4. Speed of Resolution
      Small claims cases are generally resolved more quickly than larger civil cases, with an emphasis on mediation, which saves everyone involved time and money.

Civil Court in the 19th Judicial Circuit

The County Civil Division in the 19th Judicial Circuit handles cases involving damages up to $50,000. These cases are typically more complex and may require legal representation to achieve the best outcome.

Key Features of Civil Court:

1. 1. Types of Cases 

      Civil court cases can include personal injury lawsuits, contract disputes, real estate matters, and more. The higher monetary threshold reflects the often-significant stakes involved.

   2. Filing Process 

      Filing in civil court requires more detailed documentation and knowledge of procedural rules. Like small claims cases, civil cases can also be filed electronically through the e-filing portal, but the forms and requirements are more involved.

   3. Service of Process in Civil Court 

      Proper service of process is equally important in civil cases. Due to the complexity of these cases, process servers may be tasked with delivering extensive documentation, including complaints, summonses, and other legal notices. In some instances, serving corporate defendants or individuals out of state may require additional legal steps.

   4. Timelines and Procedures
      Civil cases generally take longer to resolve than small claims cases, as they involve pre-trial motions, discovery, and potentially lengthy trials. This means the role of process servers becomes even more critical in ensuring deadlines are met when evidence or other documents need to be shared amongst litigants and their attorneys.

Key Differences in Service of Process

1. 1. Scope of Documentation
      • In small claims cases, the process server typically delivers a simpler set of documents.
      • In civil court cases, the service of process may involve a wider array of legal documents.
   2. Cost of Service
      The cost of service may vary depending on the complexity of the case. Civil court cases often require more time and effort from the process server, especially when serving corporate entities or conducting out-of-state service.
   3. Rules and Deadlines
      While both courts require strict adherence to deadlines, civil court cases often involve longer timelines than small claims.

Professional Process Servers on the Treasure Coast

Whether you’re filing in small claims or civil court, proper service of process is essential to avoid delays, additional expenses, or even case dismissal. The process servers in the 19th Judicial Circuit, including those at Accurate Serve® of Port St. Lucie, are certified and knowledgeable about Florida’s legal requirements for all case types. This ensures that documents are delivered promptly and accurately, regardless of the complexity of the case. If you need process served in a small claims or civil court case on Florida’s Treasure Coast, contact us at 772-207-1544 or send us a work request online.