You can bring your case through Small Claims Court if the amount owed does not exceed $5,000.00.

Any person(s) eighteen (18) years or older or any individual(s) doing business as a company may file a Small Claims case. A parent or guardian may file on behalf of a minor child. Each person who is a plaintiff in the claim must appear at the Clerk's Office to sign the complaint in the presence of a deputy clerk, or the the signature must be notarized.

There are four different filing fees in Small Claims, depending on the amount being sued for.
Any claim under $100.00 has a filing fee of $55.00.
Any claim from $100.00 to $500.00 has a filing fee of $80.00.
Any claim over $500.01 up to $2,500.00 has a filing fee of $175.00.
Any claim over $2,500.01 up to $5,000.00 has a filing fee of $300.00.
Also, there is a $20.00 fee for the Sheriff's office to serve each defendant.
Also, $10.00 summons fee per person

The filing fees paid to the Clerk can be paid in cash or personal check. However, the Sheriff's fee must be paid in Business Check or Money Order payable to the Escambia County Sheriff's Department.

The paperwork needed for filing a suit in Small Claims will vary from case to case. You will need to bring three (Xerox) copies of any documentation that actually shows where the money being sued for has been expended. That could include anything from contracts, promissory notes, invoices, bills, estimates, etc...

We do have the forms for filing your suit and information sheets explaining the process. Also, it is very important that you file your claim against the right party. The additional time you spend researching the correct name could make a difference in whether you are able to collect should a judgement be entered by the court in your favor.

You must request this in your original complaint or the defendant can request a jury trial in their original answer. However, the Clerk does not assist with this procedure in any way.

Your case will be set for pretrial/mediation first, which normally is held within 50 days after your suit is filed. Any cases filed by an attorney or a bank or finance company will be set for pretrial and have the option to select mediation. All other cases filed will be set for mediation. These cases are ordered by the Court to attempt to settle the case by mediation.

Both you and the party that you are suing will sit down with a mediator to see if you can work out an agreement. If you are able to reach an agreement, that agreement will be binding and if the defendant fails to comply with the agreement you can request a judgement at that time.

If you are not able to reach an agreement or the defendant denies owing the money, the case will be referred to the Judge for a pretrial to be held. The case will then be set for a final hearing to go before the Judge to make a determination in the case.

A default will be entered against them and you will be awarded your final judgement by default.

The final hearing will be set in approximately six to eight weeks, depending on the Court's calendar.

You will be sent a hearing notice in the mail approximately two weeks prior to the hearing date.

Contact the Clerk's office when you receive your notice in the mail and we will go over the procedures at that time. The fee to have a subpoena issued is $7.00. You will need to provide us with the name and the address of the person(s) you wish to subpoena. There is a $5.00 witness fee plus $0.06 cents per mile to and from the court. This fee is to be paid to the witness.

Normally, the final hearings are held in the judge's chambers with the litigants and their witnesses present. However, the Judge may direct the final hearings to be held in a courtroom. If the case is to be set for a jury trial, the jury trial will be held in a courtroom.

If at any time in the proceedings a settlement is reached between the parties, the plaintiff (person(s) who filed suit) must notify the Clerk's office in writing of that settlement.

If the judge rules in your behalf, a final judgement will be entered in your favor against the defendant(s).