Overview

In Florida, a small claims case is a county court action for civil disputes up to $8,000, excluding costs, interest, and attorneys’ fees. The process is intentionally streamlined: you file a short Statement of Claim, the clerk sets an early pretrial conference, and many cases resolve through on-the-spot mediation. If settlement fails, the court schedules a simple trial. Small claims is designed to be fast, practical, and accessible to self-represented people and small businesses.

Key procedural features include an initial pretrial conference (mediation may occur then) and a requirement that whoever appears for a party has full settlement authority. Discovery is limited, though a judge can expand it. You can file at the clerk’s office or electronically through the statewide e-filing portal where permitted. The emphasis is on clear facts, concise evidence, and timely service of process so the court can reach a practical resolution without the formality of extensive motion practice.

Who Benefits and Who Can Apply

Who benefits. Individuals, tenants, landlords (for money claims only), consumers, and small businesses with straightforward money disputes often gain the most. Typical matters include unpaid invoices, deposits, vehicle/repair disputes, simple contract claims, and minor property damage at or under $8,000. The forum’s speed and informality reduce friction and cost for low-dollar cases.

Who can apply (including on behalf of someone else). Any adult may file within the dollar limit. A business can sue; for court appearances, Florida practice generally allows a principal (e.g., officer, member, or managing partner) or an authorized employee with written authority to appear in small claims; however, appeals by entities typically require a licensed attorney. Parents/guardians may file on behalf of minors when appropriate, and fiduciaries (e.g., personal representatives) may file for estates where the claim concerns the estate’s interests.

Benefits of Small Claims in Florida

• Speed & simplicity: short pleadings, early pretrial, and on-site mediation encourage quick outcomes.
• Lower cost profile: filing and service fees are generally modest compared to higher civil divisions; many allowable costs can be added to a judgment if you win.
• Flexible resolution: payment plans and stipulated judgments are common, matching the practical realities of low-dollar disputes.

Step-by-Step Process

Step 1: Confirm your claim fits small claims (≤ $8,000 and money-only)

Begin by pressure-testing whether your dispute belongs in small claims. The cap is a hard limit: the principal amount you ask for cannot exceed $8,000, and the court generally awards money damages only (not injunctions, evictions, or specific performance). Costs, interest, and any fee awards the court may allow sit on top of the principal and do not count toward the cap. If your total loss is higher, decide whether to voluntarily limit your demand to $8,000 to leverage the speed and informality of small claims or to file in county or circuit civil for the full amount. Do a quick fit check: Is your claim a clean money dispute with identifiable dates, documents, and amounts? Are you suing the right legal entity (e.g., “ABC Plumbing, LLC” rather than “ABC Plumbing”)? Will the witnesses you need be available within a few months, and can you prove damages with straightforward records (invoices, estimates, receipts, photos)? If your case turns on technical expert testimony or complex discovery (e.g., extensive email forensics), the small-claims format may be too narrow. Finally, sanity-check collectability. Even if you win, you must collect; if the defendant is judgment-proof (no wages or assets in reach), weigh whether a fast, low-cost small-claims judgment still advances your goals (e.g., leverage for settlement or formalizing a payment plan). This framing step steers you toward the right forum, tightens your narrative, and prevents expensive restarts later.

Step 2: Map your facts and calculate damages with evidence

Small claims rewards clarity, not volume. Create a one-page timeline with three columns—Date, Event, and Exhibit—so a judge can absorb the case in a minute. Example: “03/15/2025 – $1,200 deposit paid for roof repair – Ex. A (receipt). 04/10/2025 – Contractor no-show; text promising reschedule – Ex. B (screenshot). 04/25/2025 – Written cancellation and refund request – Ex. C (email).” Next, draft a damages ledger that itemizes each amount you are claiming and ties it to proof: principal balance, refund due, repair costs, and, where legally permitted, pre-judgment interest. Resist padding: round to actual, provable losses and omit speculative add-ons. Organize photos and screenshots so they print legibly; dark or cluttered images undermine credibility. If your claim is based on a writing, plan to attach the relevant contract or the material terms (signed page, email thread setting price/scope). For consumer sales disputes, include the invoice, warranty page, and any text/email admitting the issue or promising a fix. Group exhibits by theme (Contracts A-series, Communications B-series, Money C-series) and label them clearly; at hearing, you will hand up only what matters, but having a complete, labeled set builds confidence in your story. Finally, write a two-sentence thesis—“I paid $1,200 for a roof repair on 3/15. The contractor failed to perform despite multiple promises; I cancelled on 4/25 and requested a refund that was never paid”—and use that thesis to keep all evidence and requests aligned.

Step 3: Choose the correct county (venue) and defendant name

Florida venue rules boil down to fairness and common sense. File where the defendant resides, where the cause of action occurred (e.g., where payment was due, where services were performed, or where damage happened), or where the property at issue sits. Wrong-county filings lead to transfers or dismissals that waste time and fees. Start by confirming the defendant’s current residential or business address through recent correspondence, public records, or official filings. For businesses, retrieve the exact legal name and registered agent from the Department of State’s online records; suing “Sunshine Pools” when the legal entity is “Sunshine Pools of Tampa, LLC” can complicate collection or spawn amendments and re-service. If there are multiple defendants (e.g., the contractor and the LLC), verify their roles and list both in the caption if facts support joint responsibility. Venue also intersects with service strategy: if the registered agent is in a different county than the job site, decide which address is most reliable for service and plan around it. Finally, check your clerk’s website for filing locations and any local requirements (appointments, paper sizes, or cover sheets). A correct venue and defendant name give you a clean runway so the court can reach your merits instead of spending the first hearing fixing avoidable procedural mistakes.

Step 4: Draft the Statement of Claim (with clean facts and amounts)

Your Statement of Claim is the front door to your case. Keep it tight and factual: who the defendant is (exact legal name and address), what happened, when it happened, and how much you are seeking. Avoid legal jargon and conclusions—“failed to perform,” “did not refund,” “owed amount due under invoice #4312”—and anchor everything to dates and attached proof. If your claim is based on a writing, attach the material part (contract, invoice, email acceptance). If it’s a deposit or refund case, include the payment proof and the cancellation/refund demand. Use additional pages if necessary, but focus on a clean narrative that a mediator or judge can scan in under a minute. Double-check names, addresses, and the total sought; math errors invite confusion and delays. If you need guidance producing clerk-ready forms, use LegalAtoms to generate the Statement of Claim, summons/notice, and Proof of Service by answering friendly questions—this reduces intake defects and rejections that can push your pretrial date.

Step 5: File and pay the fee (and protect your filing date)

File in person at the clerk’s counter or electronically where permitted. The golden rule: your filing date is the date the clerk accepts the case, not the date you clicked “submit.” E-filing can be rejected for technical reasons (missing signature, wrong party name, fee mismatch). If you are near any timing edge (e.g., statute of limitations), file early and watch for acceptance notifications. Bring or upload: the Statement of Claim, any required cover sheets, and payment (or a completed application for civil indigency if you seek a fee waiver). Fees are tiered by claim size; you will also see modest charges for summons issuance and copies. Ask for a conformed copy with the case number for your records. As soon as you have a pretrial date, work backward to the last day to serve the defendant—these service deadlines are independent of filing and can derail your case if missed. Protecting the filing date, organizing your receipt and stamped copy, and calendaring service deadlines keeps your matter on schedule for a first appearance within weeks.

Step 6: Serve the defendant correctly and on time

Proper service is the gate to any judgment. In Florida small claims, you generally cannot serve the papers yourself. Use the sheriff where available or a certified process server; some counties allow clerk-certified mail in narrow scenarios, but personal service is the most reliable. Provide your server with: (1) the summons/notice and Statement of Claim, (2) the best address and any alternates (workplace, registered agent), (3) photos or identifying details if helpful, and (4) a deadline to complete service that leaves room for a second attempt if needed. Track attempts: dates, times, and observations (e.g., “lights on, no answer, silver truck in driveway”). If personal service fails, consider substituted service at a dwelling with follow-up mailing if allowed, or serve the registered agent for a business. Immediately file the Proof of Service once completed; without it, the court may not proceed at pretrial. If service issues threaten your pretrial date, ask the clerk about a continuance rather than risking dismissal. Treat service like a project plan—assign the task, monitor progress, escalate to alternate addresses—and your case is far more likely to be heard on the merits rather than stalled at the starting line.

Step 7: Attend the pretrial conference (mediation happens early)

Pretrial is designed to surface settlement potential quickly and to set simple guardrails if a trial is needed. Arrive early with your one-page timeline, damages ledger, and top exhibits. Whoever appears for the party must have full settlement authority from $0 up to the claim amount; courts can sanction parties who show up unable to settle. A mediator may meet with you at or immediately after pretrial. Use mediation to reality-check numbers, trade documents, and explore payment plans or partial refunds with structured timelines. If you settle, ensure the agreement is written, signed, and submitted to the court so it can be enforced. If you do not settle, the judge will set basic deadlines (exchange exhibits by a date certain, trial date, time limits) and may authorize limited discovery if necessary. Ask narrow, practical orders—e.g., “Defendant to produce invoice ledger and photos by [date].” Before you leave, confirm you have the trial date, know the courtroom location, and understand any homework (subpoenas, exhibits, or disclosures). A disciplined pretrial—prepared, calm, and solution-focused—often produces either a workable settlement or a crisp roadmap to trial.

Step 8: Prepare for trial with a focused, document-first case theory

Small claims trials are short. Your mission is to make the judge’s job easy: tell a simple story, supported by clean documents and credible testimony. Draft a two-minute opening that states the issue, the facts by date, the amount owed, and the exact relief you seek. Assemble exhibits in the sequence you will reference them; use tabs and legible copies. Line up witnesses with first-hand knowledge (you, a technician who did the repair, a property manager who saw the damage). If you need a witness who will not appear voluntarily, request a subpoena early; confirm the service and tender any required witness fee. Think about defenses you will face—payment, performance, defective work, comparative fault—and prepare a one-sentence rebuttal for each tied to an exhibit (“Payment? Bank records show no refund, Ex. D.”). Bring three sets of exhibits (court, you, opponent) and a thumb drive only if the court accepts digital files. Practice explaining each dollar in your ledger and how it is proven. Finally, review courtroom etiquette: be brief, do not interrupt, answer the judge directly, and accept rulings with professionalism. A tidy, document-first presentation respects the court’s time and maximizes your credibility.

Step 9: Present your case on hearing day—clear, calm, and chronological

On the day of trial, check in early and organize your table. When called, start with your opening, then walk through the timeline and the exhibits that matter most. Offer the document before talking about it (“Your Honor, Exhibit A is the signed estimate dated 03/10/2025…”). Keep witnesses focused on first-hand facts; avoid hearsay except where an exception applies or the court indicates informality permits the testimony. If the defendant objects, pause and let the judge rule; if the judge has questions, answer directly with a date or a page citation. Avoid over-arguing; let the documents carry the weight. Close with a short recap: the amount due, the exhibits that prove it, and your request for judgment plus allowable costs. If you prevail, ask the court to include taxable costs (filing, service, and any other allowed charges). If you lose, ask politely about next steps and deadlines; you may need to comply with the judgment or consider your rights to appeal (bearing in mind entity-appeal representation rules). Regardless of outcome, professionalism on hearing day leaves the best impression and can help in post-hearing negotiations.

Step 10: Post-judgment—collect efficiently and document everything

A judgment is a paper right that you must turn into money. Start by sending a copy of the judgment and a courteous demand letter with a due date and payment instructions. Many defendants will pay or propose a short plan once they see a final order. If payment does not come, consider lawful tools such as a judgment debtor examination (to identify income and assets), writs of execution (for bank levies or sheriff levies on non-exempt property), wage garnishment where permitted, and recording a certified copy to create liens against real property. Track post-judgment interest and allowable costs meticulously; update your balance after every payment or levy. If you agree to installments, put the terms in writing, specify default consequences, and keep your lien rights intact until paid in full. When you receive full payment, promptly file a satisfaction of judgment with the clerk so the public record reflects closure. If the debtor lacks assets today, calendar periodic check-ins and remember that Florida judgments can remain enforceable for many years with proper maintenance—patience combined with good records often yields results over time.

Costs Associated

Typical out-of-pocket costs include: a tiered filing fee (which rises with the claim amount), summons issuance, service of process (sheriff or certified process server), copying/certification fees for exhibits, and potential mediation charges if applicable locally. If you prevail, ask the court to tax allowable costs in your favor. Your actual total will depend on county schedules and the service method you choose. Keep receipts; you may need them to support a cost award and to update your judgment balance later.

Time Required

Most cases reach a pretrial conference within weeks of filing, and many settle there or shortly after mediation. If trial is needed, expect a hearing date within weeks to a few months depending on service success, party availability, and local calendars. Failed service, continuances, or limited discovery requests can add time. Filing early, serving promptly, and arriving organized are the best levers to keep your matter moving.

Limitations

• Monetary cap and scope: principal limited to $8,000 and generally money-only relief; complex or equitable matters may belong in higher divisions.
• Procedure: discovery is limited unless expanded by order; evidentiary foundations still matter despite informality.
• Representation nuances: nonlawyer representatives for entities may be limited in some contexts; appeals typically require counsel for entities.

Risks and Unexpected Problems

• Wrong county or misnamed defendant causing transfer, dismissal, or collection headaches later.
• Bad or late service leading to continuances or dismissal; fix by planning service like a project with milestones and backups.
• E-filing rejections for technical issues; file early and verify acceptance to protect dates.
• Settlement authority problems at pretrial; bring written authorization and a realistic settlement range.
• Winning but not collecting; use lawful enforcement tools and maintain liens and records until paid in full.

Authoritative Resources

• Florida Courts – Small Claims (overview & help)
• Florida Small Claims Rule 7.090 (pretrial; settlement authority; timelines)
• Florida Small Claims Rule 7.050 (commencement; business representation)
• Miami-Dade Clerk – Small Claims (local guidance)
• Miami-Dade Clerk – Civil/Small Claims Fee Schedule
• Fla. Stat. § 55.081 (20-year judgment lien limit)
• Fla. Stat. § 55.10 (Judgments; liens; priority)