To file a Statement of Claim in Florida small claims court, complete Form 7.330 from your local Clerk of the Court, identify the parties and describe your dispute, attach any written documents your claim relies on, sign the form before a notary or deputy clerk, and submit it with a filing fee of $55 to $300 depending on the amount you’re seeking. The clerk then issues a summons that must be served on the defendant before the case can move forward.
Confirm Your Case Belongs in Small Claims
Small claims court in Florida is limited to civil disputes where the amount at stake does not exceed $8,000, not counting filing costs, accrued interest, and attorney fees.1The Florida Bar. Florida Small Claims Rules If your damages are higher, the case belongs in county court, which handles civil matters up to $50,000.2Online Sunshine. Florida Statutes 34.01 – Jurisdiction of County Court Shrinking a $9,000 claim to $8,000 to squeeze into small claims permanently gives up the difference; you cannot come back later for the extra $1,000.
Check the filing deadline before you go any further. Florida sets different limitations periods depending on the legal theory:
- Written contracts: five years from the breach.3Online Sunshine. Florida Statutes 95.11 – Limitations Other Than for the Recovery of Real Property
- Oral contracts: four years.3Online Sunshine. Florida Statutes 95.11 – Limitations Other Than for the Recovery of Real Property
- Property damage: four years.3Online Sunshine. Florida Statutes 95.11 – Limitations Other Than for the Recovery of Real Property
- Negligence claims: two years.3Online Sunshine. Florida Statutes 95.11 – Limitations Other Than for the Recovery of Real Property
The clock generally starts the day the breach or injury occurred. File one day past the deadline and the defendant can have the case dismissed, regardless of whether you knew the rule. If time is tight, file first and finish gathering evidence afterward.
Complete the Statement of Claim (Form 7.330)
The Statement of Claim is the document that tells the court and the defendant what happened and what you want. Florida uses a standardized form, Form 7.330, available on your county Clerk of the Court’s website or at the courthouse.4Seminole County Clerk of the Circuit Court and Comptroller. Statement of Claim (Auto Negligence) – Form 7.330 Different versions exist for different claim types, such as breach of contract, auto negligence, and goods sold. Use the version that matches your dispute.
Name the Parties Correctly
List the full legal name and current address of every plaintiff and defendant. If you’re suing a business, use its exact registered legal name, not a trade name or abbreviation. You can look up a Florida business’s legal name and registered agent through the Division of Corporations at sunbiz.org.5Florida Department of State. Service of Process Online – Division of Corporations The registered agent is who you serve, but the agent is not a party and should not appear as a defendant.
Describe What Happened
The form asks for a short narrative. Include the date the problem arose, where it happened, and a plain description of what the defendant did or failed to do. Keep it factual and concise. State the exact dollar amount you’re seeking, and make sure it matches the documents you attach. List any interest or additional costs as separate items so the clerk can calculate the total case value.
Attach Supporting Documents
If your claim is based on a written document such as a contract, lease, or invoice, you must attach a copy or the relevant portions to the Statement of Claim.1The Florida Bar. Florida Small Claims Rules Reference each attachment by name in the body of the claim so the judge can connect your facts to your evidence.
Sign in Front of a Notary
Once the form is complete, sign it in front of a notary public or a deputy clerk at the courthouse.4Seminole County Clerk of the Circuit Court and Comptroller. Statement of Claim (Auto Negligence) – Form 7.330 A Florida notary can charge up to $10 for this service.6Online Sunshine. Florida Statutes 117.05
Pick the Right County
You cannot file in whichever county is most convenient. Florida’s small claims rules set specific venue options, and the defendant can move to transfer if you pick the wrong one. In most cases you can file in the county where:
- The event giving rise to the claim occurred
- The defendant lives
- A contract was signed
- A contract specifies disputes should be resolved
- Payment was supposed to be made, if the claim is for money owed and no venue clause applies
If your claim involves property or foreclosing a lien, file in the county where the property sits.7Eleventh Judicial Circuit of Florida. Florida Small Claims Rules A defendant challenging venue must either object orally at the first court date or file a sworn written request for transfer at least seven days before that date.
File With the Clerk and Pay the Fee
Submit the completed Statement of Claim to the Clerk of the Court. You can file in person at the clerk’s office or through the Florida Courts E-Filing Portal, the statewide system that lets you upload documents and pay online.8Eleventh Judicial Circuit of Florida. Florida Courts E-Filing Portal Register as a “Self-Represented Litigant” if you’re filing without an attorney.
Filing fees follow a tiered structure based on the amount claimed:
- Under $100: $55
- $101 to $500: $80
- $501 to $2,500: $175
- $2,501 to $8,000: $300
Fees are generally nonrefundable and due when you submit the claim. Most clerk offices accept cash, checks, and credit cards; portal filers pay electronically.
If You Can’t Afford the Fee
Apply for a determination of civil indigent status. You qualify automatically if your household income is at or below 200 percent of the federal poverty guidelines, or if you receive Temporary Assistance for Needy Families cash assistance, poverty-related veterans’ benefits, or Supplemental Security Income. Even above those thresholds, the court can grant indigent status if paying the fees would cause substantial hardship. There is a presumption against eligibility if you own personal property or real estate, other than your home and one vehicle worth $5,000 or less, with net equity of $2,500 or more.9Online Sunshine. Florida Statutes 57.082
Get the Defendant Served
Filing alone doesn’t start the case. Once the clerk processes your paperwork and issues the summons, the defendant must be formally notified through service of process. The court cannot hear your case until service is complete.
Sheriff Service
The most common method is having the county sheriff deliver the summons and Statement of Claim to the defendant. The fee is $40 per person served.10Florida Senate. Florida Code 30.231 – Sheriffs Fees for Service of Process Depending on the county, you pay this to the clerk at filing or directly to the sheriff’s office.
Private Process Server
You can hire a certified private process server instead. Fees typically start around $35 for routine local deliveries and go up for rush jobs, multiple attempts, or hard-to-find defendants. Private servers are often faster than the sheriff, which matters when a limitations deadline is close.
Certified Mail
Certified mail with return receipt requested works, but only for defendants who reside in Florida.11Gulf County Clerk of Courts. Small Claims The signed return receipt proves delivery. If the defendant refuses or the mail comes back undeliverable, switch methods.
Substituted Service
If the server cannot find the defendant in person, Florida law allows leaving copies at the defendant’s usual residence with any person living there who is at least 15 years old, as long as that person is told what the documents are. For sole proprietors, substituted service can be made at the business during regular hours by serving the person in charge, but only after two unsuccessful attempts to serve the owner.12Online Sunshine. Florida Statutes 48.031 – Service of Process Generally
Out-of-State Defendants
Certified mail is not available for defendants who live outside Florida. Arrange for a sheriff in the defendant’s county of residence to make the delivery. Out-of-state sheriffs may charge a different fee than the Florida $40 standard and typically require payment by money order or business check made payable to that sheriff.11Gulf County Clerk of Courts. Small Claims
What Happens After You File
Your first court date is not a trial. It’s a pretrial conference where the judge confirms the defendant’s position and, in most circuits, refers both parties to mediation right away. The defendant is asked whether they admit or deny the claim. If it’s denied, a certified mediator helps both sides try to reach a settlement.13Twelfth Judicial Circuit Court. After CDSP Pre-Filing Mediation A settlement reached in mediation can be written up and adopted as a court order, closing the case without a trial.1420th Judicial Circuit of Florida. Step by Step Through Small Claim Court If mediation fails, the judge sets a trial date.
Attendance at the pretrial conference is mandatory. If the defendant fails to appear, you can ask for a default judgment. If you fail to appear, the judge can dismiss your case or let the defendant proceed without you. If neither party shows, the judge can dismiss or continue the case.7Eleventh Judicial Circuit of Florida. Florida Small Claims Rules Put the date on your calendar the moment the clerk gives it to you.