If you joined the Pompano Beach Flying Club under the fully-refundable $1,700 membership fee agreement and have withdrawn or resigned, you may have already discovered that the new Club leaders have no intention of honoring the Club’s financial obligation to refund your membership fee. Even though $1,700 is a large sum to you and other mere mortals, attorneys typically won’t want the case because their legal fees may approach or even exceed $1,700, leaving very little for the client except disappointment.
NOTICE: The information provided on this web site does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. While information and documents on this web site were current when posted, you are strongly encouraged to verify any details with the Clerk of the Court (they will furnish you forms at the Courthouse if you show up to complete them by hand).
If you are concerned about your net value in retaining an attorney, the best option to collect your just debt may be to pursue the Club in Small Claims Court where you don’t need an attorney and can sue for up to $8,000 plus costs. You will still have some up-front administrative court costs, but you can add those to what you claim the Club owes you. With that in mind, keep track of all your expenses (e.g. document production, subpoenas, postage, court fees, mileage, etc.) so you can document the additional costs you will be requesting be included in the Court’s decision.
Proper Venue
The Florida Small Claims Rules, Annotated 2020,[1] explain in almost excruciating detail every element regarding rules applicable to Small Claims. One of the first choices you will need to make is what Small Claims Court you can file with. This, and other administrative “procedures,” will be important because the Club seems to have no interest in playing fair or allowing the court to hear the merits of your case and instead will attempt to stop you each step of the way with contrived “technicalities.” Dealing with such delay tactics won’t really change the outcome, but it will increase your aggravation, so it is best to call the Courthouse before you file and make sure you are filing at the correct place (954-831-1209). Small Claims Rules[2] state you can file in any Small Claims Court with jurisdiction in any one of the following: (1) the location you made the agreement and gave the $1,700, (2) where the Club “resides,” (3) or where you expect to be paid (i.e., where you reside). But, again, just call before you file!
The North Regional Courthouse
If you live near the Pompano Beach Airpark, you can probably file your Complaint at the Broward County North Regional Courthouse, but you should first make a telephone call to the Clerk at the North Regional Courthouse to verify where you should file: 954-831-1209. If you are directed to another Courthouse, you can visit the Broward Clerk’s web site[3] to obtain contact and location information. The North Regional Courthouse is located here:
| North Regional Courthouse 1600 W Hillsboro Blvd Room 160 Deerfield Beach, FL 33442 |
(Note: Although it is most efficient for you to file your Complaint physically at the Courthouse, you can expect the case itself to be administered by email, web site, and Zoom meetings.)
There is a large parking lot with ample free parking that wraps around the North Regional Courthouse. You will need to walk through a metal detector to enter the Courthouse, so prepare accordingly. Unlike many Federal Buildings, you can keep your laptop or phone with you while inside the North Regional Courthouse. After you enter the building at the main Courthouse entrance, take the hall on the left to Room 160, the first door on the left. It is typically uncrowded and you’ll probably be in and out in less than 15 minutes. The staff there is friendly, helpful, and exceptionally efficient, and you will probably meet the person firsthand that you called ahead to at 954-831-1209.
The forms you file must be provided in triplicate, but since we have provided these forms, you can electronically fill them in on your computer and then print three copies of the completed forms. The forms we provide have many of the fields pre-completed, so all you have to do is provide information unique to you. Wait until you get to the court before you sign anything. These forms are also available in Room 160, but you will need to bring with you certain Club information (already inserted on our pre-completed forms) and fill them in by hand if all else fails.
A filing fee of $175 is required for Small Claims cases seeking $500 to $2,500. You can pay by credit card when you file. They may not accept your personal check. When you file, the Clerk will inform you of the date of the Pretrial Conference, which is usually about a month after the filing date. As previously mentioned, at least for the foreseeable future, all “meetings” are scheduled via Zoom internet conference, and additional filings can be done electronically, so you won’t be going back to the Courthouse for anything.
One of the documents you will be printing and delivering to the Clerk will be the “Summons/Notice to Appear for Pretrial Conference” that must be “served” upon the Club. There is a $10 Summons fee, which is paid along with the $175 case filing fee, for a total of $185. The easiest way to properly serve this Summons is to pay the Court Clerk an additional $40 to have the Court provide the Summons to the Broward County Sheriff’s Office (“BSO”). You need to pay the $40 with a money order (not personal check). The BSO will then serve this Summons onto the Club with your Complaint attached and, after the BSO reports successful service back to the Court, the online case docket will be updated accordingly (more information about your online case docket is below).
After the Club has been served, a “Summons Returned Served” notice will also be sent to you via US Postal Service and updated on the online case docket. It will take a few days, maybe even a couple weeks, for service to be recorded, and you may even receive a Club response to your complaint before you receive notice they were served. Not to worry if that happens.
eTrack
Anyone can use the Broward County Clerk’s web-based “Case Search” system to find your case (or any other case) and view the complete case history, including every document filed by both parties and the Court. Case search and document retrieval is free without an account.
However, if you create an “eTrack” account (separate from the E-Filing Portal account described below) by using the Court’s “ESERVICES” function (top right of the page view provided), you will be given “starter” credits allowing you to “subscribe” to your case (or any other case) and receive periodic email notices when something is updated (notifications are sent twice a day, at 8:00 AM and 4:00 PM. Hearing Reminders are sent once a day a 6:00 AM. NOTE: We have observed substantial and irregular intervals between the date and time something is filed and when shows up on the public docket, so we recommend checking the docket directly in the event you are looking for the most timely notice. Once your free starter credits run out, there is a small fee to receive more “credits” in order to continue any subscriptions. We recommend that you subscribe and use this monitoring function so you can receive automatic updates to your case.
Florida Courts E-Filing Portal
After you file, you are all but required to create an account with the Florida Courts E-Filing Portal . The video at right takes you through setting up your account, step-by-step. As you will see the E-Filing Portal is what enables you to file your case documents electronically without having to go back to the Courthouse. Additionally, you will enter your email address into the Portal so you can begin receiving official email notifications regarding your case. The 11th Judicial Circuit of Florida (covering Broward County) has created a special page with information and resources about the E-Filing Portal including a different 14-minute YouTube video for self-represented (pro se) litigants like you. In addition to the 11th Judicial Circuit, the State of Florida also provides a great collection of videos “How To” do just about anything with the Florida Courts E-Filing Portal. Setting up the E-Filing Portal account and using all associated services is completely free.
If you do not create this E-Filing Portal account, then you will need to return to the Courthouse for any future filing. Additionally, you will only receive case filings and notices via US MAIL in hard copy. The optional ESERVICES function within the “eTrack” system (discussed above) alerts you to case updates where they can be viewed but does not deliver the new filing to you. Also, the eTrack system does not know you are a party to any case, so anything you download from them will have an “watermarks” to show it is not a certified copy (the documents you receive from the E-Filing Portal will not have this watermark and are a normal file “attachment”).
In summary, creating the E-Filing Portal account is all but required, and the ESERVICES on the eTrack web site provides additional functionality and is highly recommended. Watching the videos first makes this so much easier!
Additional Resources
To help you get acclimated so that you can avoid feeling overwhelmed during any hearing, do your homework so that you can be as informed and relaxed as possible. In this instance, you would be suing on your own without a lawyer (the legal term for this is that you are representing yourself pro se) and you will be in contact with judges, possibly a Club attorney, and others with more experience. It will help you greatly to prepare so that you can avoid too many “deer in the headlights” moments (although judges in Small Claims court, where the normal rules are already relaxed, appear to be very understanding and provide latitude and even general advice to people who appear pro se).
- With that in mind, one “overview” you might find helpful before starting off is an eight-minute video produced by the 17th District Court (Broward County) where Judge Natasha DePrimo discusses the Small Claims process.
- Additionally, Broward County maintains a comprehensive and informative web page regarding all aspects of Small Claims in Broward County.
Finally, Small Claims hearings are open to the public so you can observe any case at any time. However, the schedules for the Zoom meetings for Small Claims Pretrial Conferences or Trials are not posted on the Court web site, so you must call the Courthouse (954-831-1209) and ask for a schedule of upcoming hearings. The most-current Zoom links to each judge’s “courtroom” are available here: http://www.17th.flcourts.org/judiciary-list-and-category/
If you click on the “Courtroom*” column header, the “North Satellite” courts will be listed on top. If the Clerk gives you another judge’s name, you can use the search window to find the link.
Judges are used to members of the public observing their sessions, but still may ask you why you are there. A reasonable answer might be, “Your honor, I am [your name]. I am a member of the public interested in observing the small claims hearing process. I am not an attorney, and I am not a party to any case before you today.” You will generally be given a warm welcome to observe.
While you are observing any court proceedings, particularly if you know this is the judge who will be hearing your case, take note of any particular mannerisms of the judge. You will quickly understand what this judge is looking for, particularly from pro se litigants like you. Once your “day in court” arrives, you will be greatly advantaged by waiting your turn to speak, speaking calmly, deliberately, and respectfully (even treat the Defendant or their lawyer with respect), and avoiding excessive passion or trying to cut in. Sometimes a short statement or answer is all you need to fill a square. Beyond that, be yourself and allow the discussion to take place.
The Forms
Although a Small Claims Complaint against the Club to recover your $1,700 deposit may seem straightforward, the Club will not make it easy. They will probably say there was no contract for them to breach or even that they had the right to retroactively apply changes after they got your money. For that reason, it will be important for you to read and comply with all components of the rather short description of what must be in a Small Claims Complaint by writing about and attaching all written facts, details, and evidence that support your claim:
Rule 7.050(a)(1) Statement of Claim. Actions are commenced by the filing of a statement of claim in concise form, which shall inform the defendant of the basis and the amount of the claim. If the claim is based on a written document, a copy or the material part thereof shall be attached to the statement of claim. All documents served upon the defendant with initial process shall be filed with the court.
In the case of a Small Claims Complaint to recover your $1,700 deposit, some of your agreement may be oral with one or more Club officials. If so, make sure to provide as much detail about the nature of any oral agreements, emails, web pages, or statements made by Club officials with the most valuable evidence being that which leaves nothing to the imagination or alternative explanation.
Click Here to Download a Single PDF Containing All Forms
Summary
If you want to represent yourself in a case against the Club in Small Claims Court, the preceding describes the process in specific terms. Here is a summary of everything above:
- Prepare and deliver your Complaint forms and related material to the Clerk of the Court.
- Sign the forms only in the presence of the Clerk of the Court.
- Pay the Clerk of the Court the necessary amounts.
- Wait for notice that service of summons has occurred.
- While waiting, but sooner rather than later:
- Send an email to smallclaims@17th.flcourts.org, the free Court Mediation Services, with your name and case number. This contact by both parties is listed as “STEP ONE” of “THESE ARE THINGS YOU MUST DO” on the Summons/Notice to Appear. In all likelihood, any mediation will typically occur during the Pretrial Conference as opposed to prior to the Pretrial Conference, as the Summons/Notice to Appear suggests.
- Create an account and subscribe to the ESERVICES function on the Broward County Clerk’s eTrack web site.
- Create an E-Filing Portal account and link your login to the case number assigned by the Clerk of the Court when you file.
Finally, if you do file a Small Claims complaint, please let us know!
[1] https://www-media.floridabar.org/uploads/2020/03/Florida-Small-Claims-Rules-Annotated-2020.pdf
[2] Rule 7.060. Process and Venue
[3] https://browardclerk.org/Home