Filing a lawsuit in Florida costs anywhere from about $55 to $1,900 just to open the case, and total costs from filing through trial can range from a few hundred dollars for a small claim to tens of thousands for a contested circuit court matter. What you’ll actually pay depends on which court hears your case, how much you’re claiming, whether you hire an attorney, and how far the case travels before it resolves. The filing fee is only the first line on the bill.
What You Pay to File
Florida has two levels of trial court, and the fee depends on which one your case belongs in.
County Court
County courts handle civil claims up to $50,000, including small claims, breach of contract, property damage, and landlord-tenant disputes.1Official Internet Site of the Florida Legislature. Florida Statutes 34.01 – Jurisdiction of County Court The filing fee scales with the amount claimed:2Clerk of the Circuit Court & Comptroller, Palm Beach County. County Civil Court Fees
- Under $100: $55
- $100 to $500: $80
- $500.01 to $2,500: $175
- $2,500.01 to $15,000: $300
- $15,001 or more: $400
Circuit Court
Circuit courts hear cases above $50,000 along with family law, probate, and foreclosures regardless of amount. A general civil filing costs up to $395 with five or fewer defendants, plus up to $2.50 for each additional defendant beyond five.3Official Internet Site of the Florida Legislature. Florida Statutes 28.241 – Filing Fees for Trial and Appellate Proceedings
Other case types carry their own numbers. A divorce petition uses a base fee of up to $295, but county surcharges push the total to roughly $397 to $409.411th Judicial Circuit of Florida. Family Court Filing Fees That covers the petition only; service on your spouse and any required parenting course cost extra. Probate formal administration runs up to $395.5Florida Senate. Florida Statutes 28.2401 – Service Charges and Filing Fees in Probate Matters Foreclosure filings climb sharply with claim size: $395 for claims up to $50,000, $900 between $50,000 and $250,000, and $1,900 above $250,000.3Official Internet Site of the Florida Legislature. Florida Statutes 28.241 – Filing Fees for Trial and Appellate Proceedings
Serving the Defendant
Florida law requires that the complaint and summons be hand-delivered to the person you’re suing.6Florida Senate. Florida Statutes 48.031 – Service of Process Generally, Service of Witness Subpoenas The sheriff charges a fixed, nonrefundable $40 per summons.7Florida Senate. Florida Statutes 30.231 – Sheriffs Fees for Service of Summons, Subpoenas, and Executions Private process servers typically run $40 to $100, more for rush jobs or multiple attempts. If the defendant is avoiding service and you have to publish notice in a newspaper, expect several hundred dollars in publication costs.
Bad service is one of the fastest ways to get a case delayed or dismissed, so this isn’t a place to cut corners.
Attorney Fees
Attorney fees are usually the largest expense in any contested case, and how you’re billed matters as much as the rate.
Hourly billing runs roughly $200 to $500 per hour for general litigation in Florida. A case that moves through discovery, depositions, mediation, and trial can generate $20,000 to $100,000 or more in legal fees on an hourly basis.
Contingency fees are standard in personal injury and many other plaintiff-side cases. The attorney takes a percentage of your recovery, typically one-third if the case settles before trial and 40% if it goes to trial, with Florida Bar rules stepping the percentage down as recovery amounts grow larger. You pay nothing up front, but you still owe out-of-pocket costs like filing fees, experts, and court reporters. Attorneys often advance those and deduct them from the recovery.
Flat fees are common for narrowly defined work: a demand letter, an uncontested divorce, or a simple contract matter. These run from a few hundred to a few thousand dollars.
Representing Yourself
Florida allows pro se litigation, and the courts publish forms and instructions. For small claims or uncontested divorces where both sides agree, it’s workable if you’re willing to learn the rules. But pro se litigants are held to the same procedural standards as attorneys: same deadlines, same evidence rules, same courtroom procedure. Judges won’t coach you. Missing a statute of limitations or failing to preserve an objection can end your case permanently. For contested matters with real money, custody, or technical legal issues at stake, hiring a lawyer usually costs less than losing.
Costs That Add Up During the Case
Mediation
Florida courts routinely order mediation before allowing a case to reach trial, and someone has to pay the mediator. Some county civil programs offer reduced rates; one Second Judicial Circuit program in Leon County charges $60 per party for a two-hour session. Private certified mediators typically bill $150 to $300 per hour, with retired judges and attorney-mediators at the top of that range or above.
A short mediation might cost each side a few hundred dollars. Complex commercial or family disputes can stretch across sessions and run into the thousands. The parties usually split the fee equally unless the court or an agreement says otherwise.
Court Reporters and Transcripts
Depositions and trial testimony require a court reporter, and transcript costs add up faster than most people expect. Florida due process rate sheets from one circuit show deposition appearance fees starting at $75 for the first hour and $50 for each additional hour, with transcripts around $5.95 per page on standard delivery, $7.95 expedited, and $10.95 for 24-hour rush. Trial transcripts run $7.95 to $13.95 per page.8Justice Administrative Commission. Circuit 10 – Court Reporter Rates
A single full-day deposition can produce 200 pages, so one transcript alone can cost $1,200 to $2,800 depending on turnaround. Multi-deposition cases often see transcripts become the second-largest expense after attorney fees.
Expert Witnesses
Experts in medicine, engineering, economics, and other technical fields commonly charge $200 to $500 per hour in Florida, with specialists going higher. That covers reviewing records, writing reports, preparing for and sitting through deposition, and testifying. A medical expert reviewing records for ten hours, sitting for a four-hour deposition, and testifying at trial can easily bill $7,000 to $15,000 for a single case. Travel, lodging, and meals are extra when the expert isn’t local. In cases that turn on expert testimony, expert costs can rival attorney fees.
The Fee-Shifting Risk Most People Miss
Florida’s offer of judgment statute can put you on the hook for the other side’s attorney fees. Either side can file a formal settlement offer during the case. If the other side rejects it and then does substantially worse at trial, the rejecting party pays the offering party’s attorney fees from the date of the offer.9Florida Senate. Florida Statutes 768.79 – Offer of Judgment and Demand for Judgment
The math: a defendant offers $50,000, the plaintiff rejects, and the plaintiff wins less than $37,500 at trial (25% below the offer). The plaintiff owes the defendant’s attorney fees from the offer date forward. It works in reverse too. A plaintiff demands $50,000, the defendant rejects, and the plaintiff wins more than $62,500 (25% above the demand). The defendant pays.10Official Internet Site of the Florida Legislature. Florida Statutes 768.79 – Offer of Judgment and Demand for Judgment
Rejecting a reasonable offer and then falling short can leave you owing $30,000 to $100,000 in the other side’s legal bills on top of an unfavorable verdict. It’s one of the strongest reasons to take settlement offers seriously.
If You Can’t Afford the Fees
Florida law lets you apply for indigent status. The clerk grants a fee waiver if your household income is at or below 200% of the federal poverty guidelines, roughly $31,000 for a single-person household in 2025. There’s a presumption against indigent status if you own property with net equity of $2,500 or more, not counting your home and one vehicle worth up to $5,000.11Official Internet Site of the Florida Legislature. Florida Statutes 57.082 – Determination of Civil Indigent Status
You apply with a sworn affidavit listing income, assets, and debts. Approval covers filing fees and service of process. It does not cover experts, transcripts, or other litigation expenses. Even after approval, the clerk may put you on a payment plan to repay some waived fees over time. People who don’t hit the strict income cutoff can sometimes get partial relief based on individual circumstances.
Costs After You Win
A judgment isn’t a check. If the other side doesn’t pay voluntarily, you’ll spend more to collect. Filing a writ of garnishment against wages or a bank account triggers a $100 payment to the garnishee for their attorney fees in responding.12Florida House of Representatives. Florida Statutes 77.28 – Garnishment, Attorney Fees, Costs, Expenses You’ll also pay filing fees for the garnishment itself, and sheriff’s fees if you levy on physical property. Recording a judgment lien against real estate costs a recording fee in each county where the debtor owns property.
These collection costs are generally recoverable from the debtor, but only if the debtor has assets. A $20,000 judgment against someone with no income and no property may cost you hundreds more to chase and produce nothing. Figuring out whether the defendant can actually pay before you file is one of the most practical financial calls in the whole process.
Don’t Blow the Deadline
The most expensive mistake is waiting too long. Florida’s 2023 tort reform shortened the statute of limitations for negligence claims from four years to two years.13Official Internet Site of the Florida Legislature. Florida Statutes 95.11 – Limitations Other Than for the Recovery of Real Property Most breach of contract claims run four years, written contracts five years, and property insurance disputes have their own periods running from the date of loss. A time-barred claim gets dismissed no matter how strong the evidence. Before you spend a dollar on filing fees, confirm you still have time to sue.