pretrial conferences small claims n.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
Pretrial Conferences Small Claims PowerPoint Presentation
Download Presentation
Pretrial Conferences Small Claims

Loading in 2 Seconds...

play fullscreen
1 / 10

Pretrial Conferences Small Claims - PowerPoint PPT Presentation


  • 153 Views
  • Uploaded on

Pretrial Conferences Small Claims . David E. Silverman Brevard County Judge . d avidsilverman.com. Small Claims Cases. Up to $5,000 Plus – Court Costs And if authorized by law or contract – Interest Attorney’s Fees. Plaintiff. Defendant. sues. Purposes of Mediation.

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'Pretrial Conferences Small Claims' - marlow


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
pretrial conferences small claims

Pretrial Conferences Small Claims

David E. Silverman

Brevard County Judge

davidsilverman.com

small claims cases
Small Claims Cases
  • Up to $5,000
    • Plus –
      • Court Costs

And if authorized by law or contract –

      • Interest
      • Attorney’s Fees

Plaintiff

Defendant

sues

slide3

Purposes of Mediation

  • Sharing Perspectives
  • Clarifying Issues
  • Creating Alternatives
  • Reducing Trauma
slide4

Mediation Guidelines

  • Voluntary Resolution
  • Privileged Communications
  • Respect Role of Mediator
slide5

Judgment

Upon receipt of said affidavit, without further notice or hearing, the Court shall enter a final judgment for plaintiff’s recovery from the defendant of the amount due or to become due under the stipulation, together with:

1. □court costs to reopen the case.

2. □interest on the balance due from the date of the default at _____% per year.

3. □deferred prejudgment interest in the amount of $_____________.

4.□ reasonable attorney’s fees for reopening the case not to exceed $___________.

Payment Terms

The defendant shall pay to the plaintiff the Total indicated above,

1. □ together with interest of _______% on the outstanding balance, payments being applied first to interest.

2. □ no interest on the Total unless defendant defaults in payment.

The defendant shall pay plaintiff $________________ monthly starting on _________________________ with each payment being due on the _______ day of each month.

Stipulation for Payment

The parties agree and stipulate to the following terms. The defendant shall pay the plaintiff, the following:

$_________for principal $_________for interest

$_________for costs $_________for attorney’s fees

Total $__________________________

Settlement Form

slide6

Pretrial Conference Order

  • Nature of the Claim
  • Time Reserved
  • Trial Date, Time and Place
  • Evidentiary Stipulations
  • Discovery Obligations
slide7

Trial

  • Witnesses
    • Testimony
    • Personal Knowledge
  • Documents
    • Business Records
    • Affidavits and Estimates
slide8

It is hereby ORDERED and ADJUDGED that the Plaintiff, [Plaintiff’s name], recover from Defendant, [Defendant’s name],

[Amount] for principal,

[Amount] for court costs, and

[Amount] for prejudgment interest,

for a total recovery of [Amount],

which shall bear interest at the rate established pursuant to § 55.03, Fla. Stat., until such time as this judgment is satisfied.

For all of the above sums let execution issue.

Judgment

It is hereby ORDERED and ADJUDGED that the Defendant shall complete a Form 7.343, Fact Information Sheet, under oath and return it to the [Plaintiff] [Plaintiff’s attorney] within 45 days of this Final Judgment, unless this Final Judgment is satisfied or a motion for new trial or notice of appeal is filed.

slide9

Collection

  • Levy
    • Real Estate, Motor Vehicle
  • Garnishment
    • Wages, Salary, Bank Accounts
  • Exemptions
    • Homestead, Social Security,
    • Head of Household, Other
pretrial conferences small claims1

Pretrial Conferences Small Claims

David E. Silverman

Brevard County Judge

davidsilverman.com