Prepare your documents for Small Claims in Florida

This website helps prepare the forms required for Small Claims in Florida

Start

HOW IT WORKS

1. Take Screening

Start with an online screening tool to help you determine which small claims-related legal option best fits your situation.

2. Prepare Documents

Instead of looking at the forms themselves, our system will help you complete your filing documents by having you answer all of the necessary information by topic. We will ask you questions in plain and non-legal language. To make this process as simple as possible, our system will then generate your response anywhere it is needed on the forms.

3. Consult Advocate (Optional)

You can consult a small claims advisor to get guidance on your case. If you're filing or responding to a small claims case, an advisor can help you understand the process and your legal options. They can review your documents, explain court procedures, and assist you in preparing for your hearing.

4. File with the Clerk

You can begin your small claims case in Florida by filing a Statement of Claim with the County Court in the county where the defendant lives, was employed, or where the dispute occurred. You may file in person, by mail, or electronically (depending on the county’s procedures). Contact the Clerk of the County Court for the correct forms, detailed filing instructions, and information about the filing fees.

Process

Step 1

You: Take Online Screening

Start your Florida small claims process by completing the screening on LegalAtoms. Enter your ZIP code in the top-right corner of the homepage, then answer a few simple questions about your situation and the dispute you want to resolve. This screening helps confirm whether your case qualifies for Florida Small Claims Court and identifies the specific forms and steps you’ll need to follow. Based on your answers, LegalAtoms customizes the process according to your county’s local rules and case requirements. Before you begin, gather all relevant documents and evidence to support your claim.

Step 2

You: Gather Evidence and Prepare to File Your Small Claims Case

Start by collecting all documents that support your Florida small claims case, such as:

Any written agreements or contracts related to your dispute
Proof of payment or nonpayment, like receipts, invoices, or bank statements
Emails, text messages, or letters exchanged with the other party
Photos, videos, or other evidence that help prove your claim

Next, make sure your case qualifies for Florida Small Claims Court (for disputes of $8,000 or less, not including court costs, interest, or attorney’s fees). Complete the required court forms — typically the Statement of Claim and the Notice to Appear — available from your county court clerk’s office.

You must file your case in the county court where the defendant lives, was served, or where the dispute took place.

Be sure to keep copies of all your documents and evidence, as you’ll need them for your hearing and when serving the defendant. For filing details, forms, and fees, contact the Clerk of Court in the appropriate county.

Step 3

You: Wait for the Required Time Before Filing (If Applicable)

After sending a written demand for payment or resolution in Florida, give the other party a reasonable amount of time (usually 10 to 30 days) to respond.

If the issue is resolved during this time — for example, the other party pays the amount owed or reaches an agreement with you — you may not need to file a case.

However, if the other party does not respond, refuses to pay, or disputes your claim, you can proceed by filing a Statement of Claim in the county court where the defendant lives, was served, or where the dispute occurred.

Step 4

You: Create Your Small Claims Case on LegalAtoms

Log in to your LegalAtoms account, or create one if you don’t already have an account. On your dashboard, select “Start New Case” and choose “Small Claims” as the case type. The platform will then guide you step by step to enter:

The defendant’s full name and contact information
A brief description of your dispute and the amount you’re claiming
Any supporting evidence, such as receipts, contracts, photos, or messages

LegalAtoms will automatically prepare the required Florida Small Claims Court forms according to your county court’s requirements.

Once your forms are ready, review and sign them digitally on the platform. If your county court supports e-filing, you can submit your documents directly through LegalAtoms. Otherwise, you can download, print, and file them in person with the Clerk of the County Court where the defendant lives or where the dispute occurred.

Step 5

You: Serve the Defendant with the Plaintiff’s Claim and Order to Go to Small Claims Court

Once your case is filed, the County Court in Florida will issue a Statement of Claim and a Summons for the defendant. In Florida small claims cases, you are responsible for ensuring the defendant is properly served with these documents.

Service can typically be completed by:

The sheriff’s office,
A certified process server, or
Certified mail, depending on the county’s procedures.

If you choose the sheriff or a process server, you will need to provide copies of your documents and pay the service fee (or request a fee waiver if you qualify). Some county clerks can also help arrange certified mail service for small claims.

After service is completed, the sheriff, process server, or postal return receipt will serve as proof of service, which must be filed with the court to show the defendant was properly notified of your claim.

Step 6

Wait for the Defendant’s Response

After the defendant is served with the court papers in Florida small claims cases, they are not required to file a written response. Instead, both you and the defendant must attend the pretrial hearing on the scheduled date.

During this time, the defendant may:

Contact you to try to settle or resolve the dispute before the hearing
Prepare evidence and arrange for witnesses to appear in court
File a counterclaim if they believe you owe them money — this must be filed with the court before the pretrial hearing, within the deadline provided by the clerk

Step 7

You: Obtain Final Judgment and Enforce the Court’s Decision

At the end of the hearing, the judge will issue a final judgment. If the court rules in your favor and the defendant does not pay voluntarily, you can take enforcement steps such as:

Filing a Motion for Judgment Debtor Examination to learn about the defendant’s income and property.
Requesting a writ of garnishment to collect money directly from the defendant’s paycheck or bank account.
Placing a lien on the defendant’s real estate.
Asking the sheriff to seize and sell non-exempt personal property.

In Florida, you must generally wait 10 days after the judgment before beginning collection or enforcement actions, allowing the defendant time to file any post-judgment motions or appeals.

FAQs

What Is a Small Claims Case?

What is a valid reason for filing a small claims case in Florida?

You can file a small claims case in Florida if you’re seeking to recover $8,000 or less (not including court costs, interest, or attorney’s fees), and your dispute involves one of the following situations:

Someone owes you unpaid rent, services, or a personal loan
You paid for goods or services that were not delivered or were defective
You want to recover a security deposit that wasn’t returned
Your property was damaged and you want compensation
A contract was broken, causing you financial loss

Small claims cases in Florida are filed in the County Court where the defendant lives, where the business is located, or where the dispute occurred.

What is the small claims process in Florida?

In Florida, small claims cases are handled in County Court and are designed to resolve simple disputes involving $8,000 or less (not including court costs, interest, or attorney’s fees). Here’s how the process works:

Prepare Your Case
Gather all relevant evidence to support your claim — such as contracts, receipts, photos, messages, estimates, or witness statements.

File Your Case
File a Statement of Claim in the County Court where the defendant lives, was employed, or where the dispute occurred. Forms are available from the Clerk of Court’s office or through Florida Courts’ official website. You can file in person, by mail, or electronically if your county allows e-filing.

Serve the Defendant
The defendant must be formally served with your claim, either by the Sheriff’s Office or a certified process server. The defendant then has 20 days to respond or appear.

Attend the Pretrial Conference
A mandatory pretrial hearing will be scheduled (usually within 50 days of filing). Both parties must attend. The judge or a court mediator will try to help reach a settlement. If no settlement is reached, the case will move to trial.

Trial and Judgment
If the case proceeds to trial, each side presents evidence and witnesses. The judge (not a jury) will make a decision.

Enforce the Judgment
If you win and the defendant doesn’t pay voluntarily, you can ask the court to enforce the judgment through actions such as wage garnishment, property liens, or bank account levies.

How long does the small claims process take in Florida?

Filing the Case – After you file a Statement of Claim in County Court, the clerk will assign a case number and schedule a mandatory pretrial conference, usually within 30 to 50 days of filing.

Serving the Defendant – The defendant must be formally served with the court papers, either by the Sheriff’s Office or a certified process server. The case cannot proceed until the defendant has been properly served.

Pretrial Conference and Hearing – At the pretrial conference, both parties must attend. The judge or mediator will try to help you settle the dispute. If no settlement is reached, a trial date will be set — typically within a few weeks after the conference.

Judgment and Collection – If you win your case and the defendant doesn’t pay voluntarily, you can take enforcement actions — such as wage garnishment, bank account levy, or property lien — after the 30-day appeal period has passed.

What happens if my filing is rejected?

If the court rejects your small claims filing in Florida, you can correct the errors and resubmit your Statement of Claim to the County Court for processing.
Common reasons for rejection include missing information, incorrect filing fees, or incomplete signatures.

You should review the clerk’s feedback carefully, make the necessary corrections, and refile your documents — either in person, by mail, or through the Florida Courts e-filing portal (if available in your county).

When will I hear back about my filing?

Can I Sue Someone in Small Claims Court Without Going to Court in Florida?

Are there fees associated with filing a small claims case in Florida?

Yes, there are fees to file a small claims case in Florida. The filing fee depends on the amount of your claim but generally ranges from $55 to $400. You may also need to pay additional costs for serving the defendant, such as a sheriff’s service or certified mail.

If you cannot afford the filing fees, you can request a fee waiver by submitting a financial hardship form to the court. The judge will review your situation and may waive some or all of the fees.

Do Individuals Have Rights When Filing Small Claims in Florida?

Yes, individuals in Florida have legal rights when filing a small claims case. If someone owes you money or has caused you financial loss, you can file a claim in the county court to recover what you are owed.

Small claims in Florida allow people to resolve minor disputes quickly and affordably without needing an attorney. You can file a small claims case for matters such as unpaid debts, property damage, or breach of contract.

When filing, you must:

File your claim in the county court where the defendant lives or where the dispute occurred.
Ensure the claim amount does not exceed $8,000, the current limit for small claims in Florida.
Properly serve the defendant with notice of the claim.
Present your evidence clearly during the hearing.

If you win your case, the court may issue a judgment requiring the other party to pay the amount owed. If they fail to pay, you can request enforcement through garnishment, bank levies, or other court-approved collection methods.

Where Can I Get Help with Small Claims Issues in Florida?

Florida Courts – Small Claims
Official site for statewide small claims court information, rules, and downloadable forms.
https://www.flcourts.org

Florida Legal Services
Provides free or low-cost civil legal assistance for eligible low-income individuals and seniors.
https://www.floridalegal.org

Florida Bar – Lawyer Referral Service
Connects residents with licensed attorneys for consultations, sometimes at a reduced fee.
https://www.floridabar.org/public/lrs

Florida Courts Self-Help Center
Offers online guides, instructions, and forms for people representing themselves in small claims and other civil cases.
Call: 1-800-308-9001

Florida 211
Free statewide helpline for referrals to legal aid, housing, financial, and community resources.
Dial 2-1-1

Court Forms Created This website guides you through all the topics required to complete your small claims court documents and file your case.

Core Forms

Statement Of Claim
Civil Cover Sheet
Application For Determination Of Civil Indigent Status