The Miami-Dade clerk is an elected officer who helps the citizens to protect their various interests. This Clerk is a constitutional authority and he is the official keeper of court records. More than 1000 constitutional and statutory duties and functions are carried out by the Clerk and he has all the responsibilities of a locally elected constitutional officer. All citizens of America have the right to access to the court of the Clerk.
How To Register?
Consumers or others who want to make a small claim on someone can register for administrator account at www.miami-dadeclerk.com/faq_efiling.asp .
- Click the link “e-portal law firm administrator request”.
- Fill out law firm administration request.
- Enter your name, address, city, state, zip code, email address phone number, select state reason for the exemption request if you choose it.
- Enter your complete administration information.
- Fill in and complete the form carefully.
- The complainant can file a claim statement at the office of the Clerk.
- The claim can be forwarded by somebody in person or can even be sent by post.
- As per the rule, people who have completed the age of 18 years and have a claim not above $5000 can file a small claims case with the Clerk.
To get more details visit official website at www.miami-dadeclerk.com .
The Court Procedure:
A notice will be issued to the person on whom the claim is made. The date and time for the accused to appear will be given in the notice. This is considered as a pre-trial conference and on that date at the specified time all the parties concerned must be present in the court and there they should present their cases.
During the pre-trial conference, in case the Clerk is convinced that further action is needed in the particular case he will refer the matter to mediation. The mediator tries to avoid a trial by way of bringing a negotiated settlement of the dispute. In case the dispute is settled through negotiation, the case will be immediately forwarded to the judge for approval. In case there is no settlement, the court will fix the date for trial. At the pre-trial conference an attorney can represent the party.
What Is A Trial?
When people approach the clerk for settlement of a dispute and are unable to reach a negotiated settlement with the opposite side of the case, both parties must attend the trial with witnesses and supportive documents. Both parties get the chance to explain their stand to the judge. Witnesses also will be testifying during the trial.
Fees for filing the cases depend on the amount of the claim mentioned in the claim form.
Other Types Of Disputes:
Consumers’ claims and disputes between landlord and tenant are also handled by the Clerk’s office in Miami. Consumers can make a claim up to $5000. The Clerk of Court provides the tools as well as information regarding filing a small claim to recover from the landlord the security deposit made by the tenant. The Florida Law provides rights for landlords as well as tenants. Either it is the tenant who has a dispute with his landlord or it is the landlord who wants to evict the tenant from his house. In both cases the affected party can register for administrator account and the Clerk of Court will handle the dispute.