Overview

Filing a small claims case in Florida allows individuals and businesses to resolve civil disputes involving modest sums of money quickly and without the complexity of full-scale litigation. The Florida Small Claims Rules (adopted by the Florida Supreme Court) and Chapter 34 of the Florida Statutes govern these cases. Small claims courts are divisions of the county courts and have jurisdiction over disputes not exceeding $8,000, excluding costs, interest, and attorney’s fees. These cases typically include unpaid loans, security deposits, repair disputes, damage to property, or breach of contract issues. Florida’s small claims process is deliberately simplified so that non-lawyers can navigate it confidently. The process generally starts when a plaintiff files a Statement of Claim, serves the defendant with a Notice to Appear, and attends a pretrial conference aimed at early resolution through mediation. If mediation fails, the case moves to trial, where a judge (not a jury, unless requested) decides the matter based on presented evidence. This system balances accessibility, fairness, and efficiency — offering Floridians a direct, affordable path to justice without requiring extensive legal representation.

Who Benefits and Who Can File

Florida’s small claims process benefits everyday individuals, tenants, landlords, contractors, consumers, and small business owners who want to resolve financial disputes in a cost-effective way. The process is open to anyone 18 years or older, or to minors represented by a guardian. Businesses can also file claims to recover unpaid invoices or damages, and corporations may appear through their officers, directors, or authorized employees under Rule 7.050(a)(2) of the Florida Small Claims Rules — an accommodation not found in most higher courts. The plaintiff (person filing the case) can be any individual or business entity owed money or damages within the $8,000 jurisdictional limit. The defendant may reside in Florida or another state, as long as the claim arose within the county’s boundaries. For instance, a landlord may sue a tenant in the county where the rental property is located, even if the tenant later moved away. This system ensures local access to justice while reducing costs associated with full civil litigation. The small claims process also benefits the court system by reducing case backlogs and encouraging mediation before trial.

Benefits of Small Claims Court

• Provides a quick and inexpensive forum for resolving money-related disputes.
• Does not require legal representation; self-representation is encouraged.
• Enables early mediation to help parties reach settlement without trial.
• Accessible forms and standardized procedures available through local clerks’ offices.
• Allows enforcement of judgments through garnishment, liens, or sheriff execution.
• Empowers small businesses and consumers with a simple way to recover losses.

Step-by-Step Process

Step 1: Determine Eligibility and Proper Jurisdiction

Before filing a small claims case in Florida, the first and most critical task is verifying that your dispute qualifies under the small claims jurisdictional limits. Florida’s small claims system is designed for straightforward civil disputes involving modest sums — it cannot handle every type of complaint. According to Florida Statute §34.01 and the Florida Small Claims Rules, the total claim amount (excluding court costs, interest, and attorney’s fees) must not exceed $8,000. This ceiling defines the court’s authority — claims above that must be filed in the county or circuit civil divisions. Attempting to bypass this limit by artificially splitting a claim into smaller parts is prohibited. The court will consolidate or dismiss such filings.

Eligibility also requires that your case involves money or tangible property — not abstract grievances or moral damages. Common examples include unpaid personal loans, return of security deposits, auto repair disputes, breach of service contracts, defective product refunds, or minor property damage. The small claims process is ideal when you can clearly quantify your loss. For example, if a contractor failed to complete a $3,000 project or a tenant left $1,200 in damages, those fall neatly within jurisdiction. However, if your dispute involves ongoing conduct (like harassment), requests for injunctions, or eviction for possession, you must use a different court procedure.

Next, you must establish the proper venue — the county where the claim should be filed. The rule is simple: file in the county where the defendant resides, where the business operates, where the contract was signed or performed, or where the incident occurred. For instance, if a contractor from Orange County performed work in Seminole County, you may file in either. Filing in the wrong county can result in dismissal or transfer, costing you additional time and refiling fees. To prevent this, verify the defendant’s correct residence or business address. For individuals, confirm via driver’s license, lease, or public record. For businesses, use the Sunbiz.org portal to find their registered agent and address for service.

Also ensure you name the proper defendant. Many plaintiffs mistakenly sue the wrong party — e.g., suing a store employee instead of the corporate entity. The correct defendant is the person or entity legally responsible for your damages. If it’s a corporation, sue under its registered legal name (“ABC LLC,” not “ABC Store”). This is essential for enforcement later; you can’t collect from an entity you didn’t name. If multiple parties share responsibility, you may list them jointly, but each must be within the same jurisdiction.

Once eligibility and venue are confirmed, review the statute of limitations. Most Florida small claims must be filed within four years for oral contracts or negligence, five years for written contracts, and two years for property damage. Filing after expiration can result in dismissal even if your case is otherwise valid. Lastly, confirm that the amount you are claiming is realistic and provable. Overstating damages may push your case beyond jurisdiction or weaken credibility. It’s wise to itemize losses in a short table (e.g., principal + interest + repair costs). A well-prepared claimant who files in the correct court, with a clear monetary value, gains a decisive procedural advantage.

By the end of this step, you should have: (1) identified a valid small-claims issue, (2) confirmed it is under $8,000, (3) chosen the correct county venue, (4) identified the legally responsible defendant, and (5) verified that the statute of limitations has not expired. Completing this groundwork ensures your filing is accepted and protects you from costly jurisdictional mistakes later in the process.

Step 2: Gather Documentation and Evidence

Evidence is the foundation of every successful small claims case. In Florida, the burden of proof lies with the plaintiff — the person filing the claim. The judge’s decision will depend largely on how well you can document your claim, not how passionately you argue it. This means you must gather, organize, and label all relevant materials before filing. Start by identifying every document that supports your claim: contracts, estimates, invoices, receipts, photographs, text messages, letters, or emails. Even small items like handwritten notes or bank deposits can make the difference between winning and losing. When in doubt, bring it — the court can disregard irrelevant materials, but missing proof cannot be added after the hearing.

Create a simple evidence binder with sections. The first section should include the contract or agreement (written or verbal) establishing the defendant’s obligation. If no written contract exists, prepare a short timeline describing the agreement — when, where, and how the promise was made. Add corroborating records such as checks or electronic payments showing that you paid for goods or services. The second section should cover communications: texts, emails, or letters where the dispute was discussed. Highlight admissions or acknowledgments by the defendant. The third section should document damages — repair bills, replacement costs, or professional estimates. If you suffered property loss, include photos showing the “before” and “after.” Smartphone timestamps or metadata can authenticate them.

When preparing witness testimony, identify people with firsthand knowledge — for example, a mechanic who inspected the damage or a friend who witnessed the transaction. Witnesses can either appear in court or submit notarized affidavits. If they are reluctant, you may subpoena them using the clerk’s form and pay a small fee for service. Remember, judges prefer direct, concise testimony. Organize all exhibits sequentially (Exhibit A, B, C …) and prepare at least three copies — one for yourself, one for the defendant, and one for the judge. Do not bring original irreplaceable items; certified copies are acceptable.

Evidence collection also includes understanding what not to submit. Hearsay — statements made by someone not present in court — is often inadmissible unless it falls within an exception. For instance, a written estimate from a non-testifying repairman may be excluded if the defendant objects. To strengthen such evidence, call the estimator as a witness or obtain a notarized statement verifying authenticity. Similarly, print screenshots of text messages or emails with clear sender information and timestamps. Avoid altering documents; even minor edits may be construed as tampering.

Finally, present your evidence as a story. Judges see dozens of cases daily; they remember the ones with clarity and logical flow. Arrange exhibits to show (1) what was agreed, (2) what went wrong, and (3) how much money was lost. Keep a one-page summary for reference during trial. Proper preparation signals respect for the court’s time and helps you appear credible, organized, and persuasive — all crucial in small claims litigation.

Step 3: Complete the Statement of Claim Form

The Statement of Claim form is the legal backbone of your small claims case. It transforms your complaint into an official court record and notifies the defendant of exactly what you are demanding. Most Florida counties provide this form through their clerk’s website or in person at the courthouse. You can also access standardized templates at flcourts.gov. The form must be completed in clear, legible handwriting or typed in black ink. Ambiguous or incomplete statements can cause the clerk to reject your filing.

Begin by identifying the parties precisely. Use your full legal name and mailing address as the plaintiff. List the defendant’s complete name, physical address, and phone if known. For businesses, use the exact legal name and registered agent listed with the Florida Division of Corporations. Misidentifying the defendant could make your judgment unenforceable. Next, state your claim clearly: “Defendant owes Plaintiff $2,000 for breach of contract for auto repair performed on June 5, 2024.” Avoid emotional phrasing; focus on facts, dates, and amounts. The goal is clarity, not storytelling.

Under “Amount of Claim,” specify the total you are requesting, including principal, interest (if applicable), and any quantifiable losses. Do not add court costs or filing fees — those are recoverable separately. Attach copies of any contracts, receipts, or communications referenced in your claim. These attachments should be labeled as exhibits. If you are claiming interest, indicate the rate and basis (e.g., “10% per annum under contract dated 1/15/2023”). If you request property return, describe it precisely — make, model, serial number, and estimated value.

The form also includes a “Statement Under Oath.” By signing, you certify that the facts are true to the best of your knowledge. Providing false information can lead to dismissal or contempt penalties under Florida Rule 7.050(b). Some counties require notarization, especially when the plaintiff files by mail. Review the form carefully before submission; errors like wrong addresses or incomplete signatures cause delays.

If multiple defendants share liability, list them all and specify whether they are jointly or severally responsible. Example: “John Smith and Jane Doe jointly borrowed $1,500 on Feb 2, 2023, and failed to repay.” If you are suing on behalf of a business, sign using your title (e.g., “Alex Reed, Manager, Reed Auto LLC”). Corporate plaintiffs may appear through officers or employees in small claims without attorneys under Rule 7.050(a)(2).

Finally, double-check that you have attached every supporting exhibit and made sufficient copies — one for the court, one for each defendant, and one for your records. Organize them neatly; the clerk may staple or scan them into the record. Keep a separate digital backup. A well-drafted Statement of Claim tells the judge exactly what happened and what relief you seek, making later stages — filing, service, and trial — far smoother. This document is your voice on paper; investing time to make it precise and factual sets a professional tone that strengthens your entire case.

Step 4: File the Claim with the Clerk of Court

Filing your Statement of Claim with the Clerk of Court transforms your complaint from paperwork into an official case. In Florida, small claims cases are filed in the county court division that has jurisdiction over the dispute. You can file in person, by mail, or online through the statewide e-filing portal (myflcourtaccess.com). Electronic filing is increasingly preferred because it allows 24-hour submission and generates an electronic timestamp that proves the exact date and time your claim was filed. Whether you file digitally or on paper, accuracy and completeness are critical; the clerk cannot correct mistakes on your behalf.

When you arrive at the courthouse or log into the e-filing portal, you’ll submit the completed Statement of Claim, any required attachments, and the filing fee. Filing fees vary by claim amount and county, but generally follow a state-approved schedule: approximately $55 for claims under $500, $80 to $175 for claims up to $2,500, and roughly $300 for claims approaching the $8,000 limit. Additional defendants incur separate service fees, usually $40 to $60 each. Some clerks also charge small administrative fees for copies or summons issuance. If you cannot afford these costs, complete an Application for Determination of Civil Indigent Status. The clerk or judge will review your income and may waive or defer payment under Florida Statute §57.082.

After payment is accepted, the clerk assigns a unique case number (for example “23-SC-12345”) and date-stamps your filing. That timestamp is vital — it starts the official timeline for the pretrial conference and other deadlines. The clerk will then issue a “Notice to Appear” summons, which includes the defendant’s name, address, and the date of the mandatory pretrial conference. Review the notice carefully; if the address or name is incorrect, request an immediate correction. You will need multiple certified copies for each defendant and for your records.

Depending on the county, additional forms may be required. Some courts mandate a Civil Cover Sheet, identifying the type of claim, and others require disclosure of any related cases. Certain counties (like Miami-Dade and Broward) automatically issue standing administrative orders that restrict both parties from transferring assets, contacting each other, or harassing witnesses while the case is pending. Violating those standing orders can result in sanctions. Ask the clerk if your county enforces any local procedural variations.

If you file in person, bring at least two extra copies of every document. The clerk will keep the originals, stamp your copies “filed,” and return them to you. Those stamped copies are your proof of filing and must be preserved carefully. If you use e-filing, download and save the confirmation PDF immediately; the portal does not permanently archive personal submissions.

Once filed, your case is officially open, but it cannot proceed until the defendant is served. Still, this step triggers several automatic protections. For example, under the Florida Rules of Judicial Administration, all parties are bound by ethical restrictions against destroying evidence. Filing also tolls (pauses) any statute of limitations, preserving your legal rights even if the hearing date is weeks away.

Common mistakes at this stage include spelling errors in names, incorrect service addresses, or missing attachments referenced in the claim. Each of these can delay service or cause dismissal. Review your filing packet as though you were the judge receiving it: is everything clearly labeled, chronological, and consistent? A well-organized submission signals credibility and reduces administrative friction. Once the clerk stamps your case, make note of the assigned courtroom or division and keep an eye on correspondence from the court — pretrial notices are usually sent by mail within 10 to 15 days. Congratulations: you’ve now officially filed your Florida small claims case and can move forward to serving the defendant properly.

Step 5: Serve the Defendant Properly

Service of process ensures the defendant receives formal notice and a chance to respond. In Florida small claims, valid service is typically performed by the sheriff or a certified private process server under Chapter 48, Florida Statutes, and Rule 7.070. Deliver the issued Notice to Appear and your filed Statement of Claim to the sheriff/process server with fees and precise addresses (home, work, or registered agent for companies). Track attempts and file the Return of Service with the clerk. If personal service fails, explore substituted service at the defendant’s usual residence or business, service on a corporation’s registered agent (find details on Sunbiz.org), or—after diligent search—service by publication as a last resort. Accuracy matters: names, suite numbers, and case numbers must match your filed documents exactly, or service can be quashed. Maintain a service log (date, time, address, result) and confirm on the docket that the return has been filed before pretrial. If the defendant signs a notarized waiver of service, file it promptly. Proper, documented service keeps your case moving and preserves the court’s jurisdiction.

Step 6: Attend the Pretrial Conference

The pretrial conference is mandatory and aims to triage cases, verify service, and encourage early settlement through on-site mediation. Arrive early with your file (claim, proof of service, exhibits). When called, confirm your appearance and that service is complete. If a mediator is available, you’ll meet privately to explore compromise; any agreement becomes a signed order enforceable like a judgment. If no settlement occurs, the judge sets a trial date and may issue a scheduling order with disclosure deadlines. Use the session to request subpoenas for key witnesses, correct minor caption errors, and raise access needs (remote appearance, interpreter). Failure to appear can result in dismissal (plaintiff) or default (defendant). Keep notes of dates and requirements the court sets—meeting them avoids continuances and preserves credibility.

Step 7: Prepare Thoroughly for Trial

Organize exhibits chronologically and label them (Ex. A, B, C). Prepare three identical sets (judge, other side, you). Draft a 60–90 second opening that states: what was agreed, what went wrong, and the exact amount sought. Line up witnesses with firsthand knowledge and subpoena any reluctant ones at least 10 days before trial. Be ready to authenticate evidence (who wrote the email, when the photo was taken, where the invoice came from). Anticipate defenses (payment, performance, defects) and bring targeted rebuttal proof (bank records, expert estimate, timestamps). Practice your presentation; concise, neutral language is more persuasive than emotion. Confirm logistics (parking, courtroom, time) and arrive early with everything printed and tabbed.

Step 8: Attend the Trial and Present Your Case

Address the court as “Your Honor,” keep to the facts, and present exhibits in a clean sequence. Offer each item for identification (“Exhibit A: contract dated …”), then testify to its relevance. Call witnesses, ask open questions, and avoid leading. Expect cross-examination and be ready with brief clarifications, not speeches. After both sides rest, deliver a short closing: cite the specific duty breached, the evidence that proved it, and the total amount sought (principal plus any allowable costs). The judge may rule immediately or by written order. Win or lose, remain professional—the record matters for any post-trial motions or appeal.

Step 9: Obtain and Enforce the Judgment

Request a certified copy of the judgment and seek voluntary payment first. If unpaid, you can pursue post-judgment remedies: (1) writ of execution for sheriff levy and sale of non-exempt property; (2) garnishment of wages or bank accounts (observe statutory exemptions); (3) record the judgment to create a lien on real property; and (4) set a debtor’s exam to identify assets under oath. Keep a collection ledger (dates, filings, payments). When paid in full, file a Satisfaction of Judgment promptly so public records reflect closure. Florida judgments are enforceable for many years, so persistence and proper paperwork usually convert judgment to recovery.

Step 10: Close the Case and Maintain Records

After collection or settlement, file a Satisfaction of Judgment, archive your case file (pleadings, orders, receipts, correspondence) for at least seven years, and securely dispose of sensitive duplicates. If you lost, review the order; consider a timely motion for rehearing or an appeal to circuit court (deadlines are short). Many litigants improve future practices—clearer contracts, written change orders, documented payments—based on lessons from the case. Confirm the docket shows the case as “Disposed.” Good record hygiene protects your credit, your business, and your peace of mind.

Costs Associated

Typical out-of-pocket costs include: filing fees (about $55–$300 depending on claim size), service fees ($40–$60 per defendant for sheriff or process server), copies/certifications (~$1 per page), and possible mediation charges (if assessed). Subpoenas add modest fees, and post-judgment remedies (garnishment, levy) carry additional court and sheriff costs. If you cannot afford fees, apply for civil indigent status under §57.082, Florida Statutes; approved applicants may receive fee waivers or deferrals.

Time Required

Most cases conclude in 60–120 days from filing to judgment. Pretrial is commonly set within 3–4 weeks of filing; trial follows in 30–60 days if needed. You have up to 120 days to complete service. Post-judgment collection varies based on debtor assets—some pay immediately, while garnishment or levy can take additional weeks or months.

Limitations of Small Claims in Florida

• Monetary cap of $8,000 (excluding costs, interest, attorney’s fees).
• No orders for specific performance or equitable injunctive relief.
• Streamlined procedures mean limited discovery; complex disputes may be transferred.
• Attorney’s fees are generally unrecoverable absent a contract or statute.

Risks and Unexpected Problems

• Defective service or wrong venue can delay or dismiss the case.
• Counterclaims can expand scope and complexity.
• A judgment doesn’t guarantee payment; assets and exemptions control outcomes.
• Missed deadlines (pretrial, trial, post-judgment) can forfeit rights.

Sources

• Florida Courts — Small Claims resources & approved forms
• Florida Courts E-Filing Portal
• Florida Division of Corporations — Registered Agent search
• The Florida Bar — Consumer guides