Florida Small Claims Rule 7.060
RULE 7.060. PROCESS AND VENUE
(a) Summons/Notice to Appear Required. A summons/notice to
appear stating the time and place of hearing shall be served on the defendant.
The summons/notice to appear shall inform the defendant, in a separate
paragraph containing bold type, of the defendant’s right of venue. This
paragraph on venue shall read:
Right to Venue. The law gives the person or company who has
sued you the right to file suit in any one of several places as listed below.
However, if you have been sued in any place other than one of these
places, you, as the defendant, have the right to request that the case be
moved to a proper location or venue. A proper location or venue may be
one of the following:
1. Where the contract was entered into.
2. If the suit is on an unsecured promissory note, where the
note is signed or where the maker resides.
3. If the suit is to recover property or to foreclose a lien, where
the property is located.
4. Where the event giving rise to the suit occurred.
5. Where any one or more of the defendants sued reside.
6. Any location agreed to in a contract.
7. In an action for money due, if there is no agreement as to
where suit may be filed, where payment is to be made.
If you, as a defendant, believe the plaintiff has not sued in one of these
correct places, you must appear on your court date and orally request a
transfer or you must file a written request for transfer in affidavit form (sworn
to under oath) with the court 7 days prior to your first court date and send a
copy to the plaintiff or plaintiff’s attorney, if any.
(b) Copy of Claim to Be Served. A copy of the statement of claim
shall be served with the summons/notice to appear.
Committee Notes
1988 Amendment. A statement is added to the “right to venue notice”
on the summons/notice to appear that proper venue also lies in the county
where payment is to be made. This conforms with Florida law.
Clarification has been made that the notice is now known as the
summons/notice to appear.
Court Commentary
1980 Amendment. If the statutory venue, chapter 47, Florida Statutes,
is changed by the legislature, this change should be reflected in the required
notice.
(a) Summons/Notice to Appear Required. A summons/notice to
appear stating the time and place of hearing shall be served on the defendant.
The summons/notice to appear shall inform the defendant, in a separate
paragraph containing bold type, of the defendant’s right of venue. This
paragraph on venue shall read:
Right to Venue. The law gives the person or company who has
sued you the right to file suit in any one of several places as listed below.
However, if you have been sued in any place other than one of these
places, you, as the defendant, have the right to request that the case be
moved to a proper location or venue. A proper location or venue may be
one of the following:
1. Where the contract was entered into.
2. If the suit is on an unsecured promissory note, where the
note is signed or where the maker resides.
3. If the suit is to recover property or to foreclose a lien, where
the property is located.
4. Where the event giving rise to the suit occurred.
5. Where any one or more of the defendants sued reside.
6. Any location agreed to in a contract.
7. In an action for money due, if there is no agreement as to
where suit may be filed, where payment is to be made.
If you, as a defendant, believe the plaintiff has not sued in one of these
correct places, you must appear on your court date and orally request a
transfer or you must file a written request for transfer in affidavit form (sworn
to under oath) with the court 7 days prior to your first court date and send a
copy to the plaintiff or plaintiff’s attorney, if any.
(b) Copy of Claim to Be Served. A copy of the statement of claim
shall be served with the summons/notice to appear.
Committee Notes
1988 Amendment. A statement is added to the “right to venue notice”
on the summons/notice to appear that proper venue also lies in the county
where payment is to be made. This conforms with Florida law.
Clarification has been made that the notice is now known as the
summons/notice to appear.
Court Commentary
1980 Amendment. If the statutory venue, chapter 47, Florida Statutes,
is changed by the legislature, this change should be reflected in the required
notice.