Florida’s small claims rules govern civil cases in county court where the amount in dispute is $8,000 or less, not counting interest, court costs, or attorney fees.1Supreme Court of Florida. In Re: Amendments to Florida Small Claims Rules 7.010 and 7.020 The rules simplify pleading, evidence, and hearings so a person can handle a case without a lawyer. What follows is the process from the moment you consider filing to the point where you actually collect on a judgment.
What Small Claims Court Can and Cannot Handle
The $8,000 ceiling is the defining line. Anything above it still belongs in county court (which hears disputes up to $50,000) but follows the standard Florida Rules of Civil Procedure rather than the streamlined small claims track.2Florida Legislature. Florida Code 34 – 34.01 Jurisdiction of County Court The claim also has to be for money or for the return of property worth $8,000 or less.
Typical filings involve unpaid loans, security deposit disputes, breach of contract, and property damage. Small claims court is not the place to seek an eviction, an injunction, or an order forcing someone to do anything other than pay you. If that’s what you need, you’re in the wrong forum.
Deadlines to File
Every claim carries a filing deadline set by Florida Statute 95.11. Miss it and the case gets dismissed no matter how strong the facts are.3Florida Legislature. Florida Code 95 – 95.11 Limitations Other Than for the Recovery of Real Property The common categories:
- Written contracts: 5 years from the breach.
- Oral contracts: 4 years.
- Property damage or trespass: 4 years.
- Negligence: 2 years.
The clock starts when you knew or should have known about the harm. If you’re near the deadline, don’t wait until the last week. Service of process can eat up time, and a delay there can push the whole case past the cutoff.
Where to File
Florida Statute 47.011 gives you three venue options: the county where the defendant lives, the county where the cause of action arose, or the county where the disputed property is located.4Florida Senate. Florida Code 47 – 47.011 Where Actions May Be Begun For a contract, the county where it was signed or performed usually works. For a car accident or property damage, it’s the county where it happened. If more than one county fits, choose whichever is easiest for you. The general rule doesn’t apply when the defendant is a nonresident of Florida; different statutory provisions govern that situation.
Filing the Statement of Claim
A small claims case starts when you file a statement of claim with the clerk of court. Rule 7.050 requires it to include a plain-language statement of the facts, the defendant’s name and both mailing and residential addresses, the defendant’s employer and its location, the dollar amount you’re seeking, the date the claim arose, and your own address for service.5The Florida Bar. Florida Small Claims Rules Annotated If the claim rests on a written document such as a contract, lease, or promissory note, you must attach a copy. The clerk’s office provides the forms and can walk you through filing, but staff cannot give legal advice about your case.
If You’re Filing for a Business
Individuals can represent themselves. A corporation or other business entity can appear without an attorney, but only through an officer of the entity or through an employee who has written authorization from an officer and full authority to settle the case. Showing up without that written authorization can derail the case at the first hearing.
Filing Fees
Filing fees are set by statute and tier with the size of the claim:6Pasco County Clerk. Small Claims Fees and Costs
- Under $100: $55
- $100 to $500: $80
- $500.01 to $2,500: $175
- $2,500.01 to $8,000: $300
Service of process costs extra. Sheriff service typically runs between $40 and $90 depending on the county.
Serving the Defendant
Once the clerk issues the summons, you have to serve it. Rule 7.070 allows service by the county sheriff, a certified private process server, or (for Florida residents only) certified mail with a return receipt signed by the defendant or by someone authorized to receive mail at their home or business.7Florida Courts. In Re: Amendments to Florida Small Claims Rule 7.070 Certified mail is the cheapest route, but if the defendant refuses to sign or the letter comes back unclaimed, switch to the sheriff or a process server.
You have 120 days from the filing date to complete service. If you miss it, the court can dismiss the case without prejudice on its own or on the defendant’s motion.7Florida Courts. In Re: Amendments to Florida Small Claims Rule 7.070 Cases quietly die at this step. If the defendant is hard to find, ask the court for more time before the 120 days run out.
The Pretrial Conference
The clerk sets a pretrial conference within 50 days of filing.8Florida Supreme Court. Florida Small Claims Rule 7.090 – Appearance, Defensive Pleadings, Trial Date Both parties must appear, either in person or through an attorney with full authority to settle for any amount up to the full claim. If the plaintiff doesn’t show, the court can dismiss the case. If the defendant doesn’t show, the court can enter a default judgment.
At the conference, the judge figures out whether the defendant admits any of the claim, narrows the issues in dispute, and decides whether the case can resolve without a trial. The judge often refers the parties to mediation, either right then or on a later date. A settlement reached in mediation gets signed into an order, and the case is over.
Anyone representing a party at mediation must have full authority to settle without calling anyone else for permission. A non-lawyer representative can stand in only with written authorization and complete settlement authority.9Supreme Court of Florida. Florida Small Claims Rule 7.090 – Appearance, Defensive Pleadings, Trial Date Appearing without that authority can trigger sanctions, including costs, attorney fees, or an adverse judgment.
A continuance requires good cause. The request can be oral, though the judge may require it in writing.
Counterclaims and Case Transfers
Defendants can file back. A counterclaim arising from the same transaction is compulsory and must be filed at least 5 days before the pretrial conference or it is lost permanently.10Florida Courts. Florida Small Claims Rules An unrelated claim can be filed as a permissive counterclaim within the same window as long as it stays within the $8,000 jurisdictional limit.
If a counterclaim exceeds $8,000, the whole case transfers to the court that has jurisdiction over the larger amount. The defendant has to deposit enough money with the clerk to cover the filing fee in the higher court; skipping that deposit waives the right to transfer.10Florida Courts. Florida Small Claims Rules After transfer, the standard Rules of Civil Procedure take over, which means more steps and more time.
The Trial
If nothing settles the case, the judge sets a trial date. Rule 7.140 keeps the atmosphere informal.5The Florida Bar. Florida Small Claims Rules Annotated The judge can question witnesses and parties directly. Evidence rules relax: the court can consider anything it finds relevant and helpful, even material that would be blocked under the formal rules. Photographs, text messages, emails, receipts, and repair estimates all come in without technical objections. Originals and firsthand testimony still carry more weight than secondhand accounts.
No-shows carry consequences at trial the same way they do at the pretrial conference: the plaintiff’s absence risks dismissal, the defendant’s absence risks default judgment. If you settle before trial, tell the clerk at least 2 days ahead so the slot can be released.5The Florida Bar. Florida Small Claims Rules Annotated
Either party can demand a jury trial. When that happens, the case proceeds under the standard Florida Rules of Civil Procedure, which is more complex and more expensive. Most small claims cases are tried to the judge alone.
Default Judgments
When a defendant fails to appear or respond, the clerk or court enters a default. If your claim is for a fixed, easily calculable amount (an unpaid invoice or a specific loan balance, for example), the court can enter judgment for that amount right away based on your affidavit or documentation. If the amount is not fixed, the court schedules a separate hearing for you to prove up damages before entering a final number.
A defaulted defendant can move to set the default aside by showing good cause within a reasonable time and by filing a response demonstrating a legitimate defense. Courts do grant these motions when the reason for missing the hearing was real, so a default is not always the last word.
Appealing the Decision
The losing party can appeal a final judgment to the circuit court in the same county. Under Florida Rule of Appellate Procedure 9.110, the notice of appeal must be filed with the clerk of the lower court within 30 days of the date the judgment was rendered, together with any required fees.11Florida Appellate Rules. Rule 9.110 Appeal Proceedings To Review Final Orders of Lower Tribunals The clock runs from the date of rendition, not the date you receive a copy, so confirm the entry date with the clerk if you’re not certain.
The circuit court reviews the record from the trial and typically doesn’t take new evidence. Anything you didn’t present at trial generally can’t be introduced on appeal. Filing an appeal doesn’t automatically stop the other side from trying to collect while the appeal is pending; you can ask the court for a stay.
Collecting the Judgment
The court will not collect for you. If the losing party won’t pay voluntarily, you have to run collection yourself.
Finding Out What the Debtor Owns
Start by asking the court to order the debtor to complete a Fact Information Sheet (Form 1.977) within 45 days. The form requires disclosure of employment, bank accounts, real estate, vehicles, and income. Failure to complete and return it can be treated as contempt. The answers tell you which collection tool is worth using.
Judgment Liens
Recording a certified copy of the judgment in the official records of any county where the debtor owns real property creates a lien on that property. Under Florida Statute 55.10, the lien lasts 10 years from recording and can be extended for another 10 years by re-recording before it expires.12Florida Legislature. Florida Code 55 – 55.10 Judgments, Orders, and Decrees; Lien You must include your address in the judgment itself or in a separate affidavit recorded at the same time, or the lien will not attach.
You can also file a Judgment Lien Certificate with the Florida Department of State to create a lien on the debtor’s personal property such as vehicles, equipment, and inventory. That lien lasts 5 years and can be renewed once for another 5.13Florida Department of State. How to Collect a Judgment in Florida
Levy and Execution
If a lien alone doesn’t move the debtor to pay, get a Writ of Execution from the clerk that issued your judgment and deliver it to the sheriff in the county where the debtor’s property sits. The sheriff can seize personal property like vehicles and boats and sell it at public auction.13Florida Department of State. How to Collect a Judgment in Florida
Florida’s homestead exemption protects the debtor’s primary residence from seizure. Individual debtors can also exempt one motor vehicle worth $1,000 or less and one additional personal property item worth $1,000 or less. Corporations and partnerships get no exemptions. After the sheriff takes costs and a flat $500 credit to the creditor for expenses, remaining auction proceeds go to creditors in the order their liens were filed, and any surplus goes back to the debtor.