How to File a Small Claims Case in Florida: Fees, Service, Judgment

To file a small claims case in Florida, take a completed Statement of Claim to the clerk of the county court where the dispute belongs, pay a filing fee between $55 and $300 depending on how much you’re suing for, and arrange to have the defendant formally served. Florida’s small claims process is designed for money disputes of $8,000 or less and is informal enough that most people handle it without a lawyer.¹

Is Small Claims the Right Court for Your Case

Florida doesn’t run a separate small claims court. The county court’s civil division applies a streamlined set of procedures, the Florida Small Claims Rules, to any case where the amount in dispute is $8,000 or less.² That $8,000 cap counts only the underlying claim. Court costs, interest, and attorney’s fees sit outside the limit.¹

The typical case is a straightforward money dispute: a contractor who didn’t finish the work, a security deposit a landlord won’t return, an unpaid personal loan, damage to your car from a fender bender. Small claims is for money. If you need a court order forcing someone to do something or stop doing something, that’s a different track.

Check the Deadline Before You File

Every claim has a statute of limitations, and if you file even a day late, the court will throw out your case no matter how strong it is. The clock starts on the date the problem occurred or the date you discovered (or should have discovered) the harm. The most common deadlines:

Written contracts: five years from the breach.
Oral contracts: four years from the breach.
Property damage: four years from the date of damage.
Negligence claims: two years from the date of injury or harm.

These come from Florida Statute 95.11 and apply across the board, not just in small claims.³ The two-year negligence window catches people off guard more than any other.

Choose the Right County

You can’t file in whichever county is most convenient for you. Under Florida Small Claims Rule 7.060, the case belongs in the county where the dispute arose, where the defendant lives, or where the property at issue is located.⁴ File in the wrong county and a judge can transfer the case on their own motion, or the defendant can ask for a transfer and you’ll pay the costs.

Nail Down the Defendant’s Legal Name and Address

Getting the defendant’s legal name right matters more than people realize. If you sue “Bob’s Plumbing” but the business is actually registered as “Robert J. Smith Plumbing LLC,” you can have trouble enforcing a judgment later. For any Florida business, search the Division of Corporations database at Sunbiz.org to find the entity’s official name, registered agent, and principal address.⁵ The registered agent is the person designated to receive legal documents for the business, and you’ll need that for service.

For individual defendants, you need a full legal name and a current address where they can be served. Pin down the exact dollar amount you’re claiming and gather everything that supports it: contracts, invoices, receipts, photos, text messages, emails, anything that shows what happened and what you’re owed.

Fill Out and File the Statement of Claim

The main form is called a Statement of Claim. It asks for the names and addresses of all parties, the amount you’re seeking, and a brief description of why the defendant owes you money. If your claim is based on a written document (a contract, lease, promissory note), you’re required to attach a copy.⁶ Keep the description tight. A few sentences explaining what the defendant did and how much it cost you is enough.

Blank forms are available on the Florida Courts website and in person at your local Clerk of Court’s office. You can file in person, by mail, or electronically through the Florida Courts E-Filing Portal.⁷ If you e-file, create an account and choose “Self-Represented” as your filer type.

Filing on Behalf of a Business

Florida’s small claims rules let a business be represented at any stage of trial court proceedings by an officer, member, managing member, or partner who has authority to bind the company. An employee can represent the business too, but only with written authorization from one of those principals, and that written authorization has to be brought to the pre-trial conference.⁴ This exception does not extend to appeals. Appeals require a licensed attorney.

What You’ll Pay to File

The filing fee scales with the size of your claim:

Claims under $100: $55
Claims from $101 to $500: $80
Claims from $501 to $2,500: $175
Claims over $2,500: $300

These fees are set by the Florida Legislature and can change.⁸ The fee is nonrefundable at the time of filing, but if you win, you can recover it from the defendant as part of your judgment. Most clerks accept cash, checks, money orders, and credit or debit cards; the exact payment options vary by county.

Serve the Defendant

Filing doesn’t get the case moving on its own. The defendant has to be formally notified through service of process, and the court will not proceed until service is complete. A copy of the Statement of Claim and a notice to appear have to be delivered to the defendant in a way that can be verified. You have three main options:

County sheriff: the sheriff’s office will serve the papers for $40 per person. This is the most common and most reliable method.⁹
Certified process server: a private process server registered with the state can serve papers as well. Costs vary and usually run higher than the sheriff’s fee.
Certified mail: for defendants who live in Florida, you can serve them by certified mail with return receipt requested. It only works if the defendant or an authorized person at that address actually signs. If the letter comes back unclaimed, use another method.

Service is made by delivering a copy to the person, or by leaving it at their usual residence with someone at least 15 years old who lives there.¹⁰ Once service is done, proof of service has to be filed with the court. Budget for service costs on top of your filing fee, and remember that suing multiple defendants means paying separately for each.

The Pre-Trial Conference

After the defendant is served, the court schedules a pre-trial conference. This is where most people underestimate what’s at stake. Both parties are required to appear in person or through an attorney. If you’re the plaintiff and you skip it, the judge can dismiss your case. If you’re the defendant and you skip it, the judge can enter a default judgment against you. The date and time cannot be rescheduled without the court’s prior approval and a showing of good cause.⁴

The judge uses the conference to confirm both sides showed up, find out whether the defendant admits any part of the claim, and understand the dispute. Anyone who appears for a party must have full authority to settle. If you show up and can’t agree to a settlement without calling someone else for permission, the judge can impose costs and attorney’s fees on you for wasting the other side’s time. Come prepared to briefly explain the dispute, show any key documents, hand over the names and addresses of witnesses you plan to call, and estimate how long a trial would take.

The judge can also order both sides into mediation, where a neutral third party helps you try to settle. In small claims cases, the court often provides mediators at no charge.¹¹ If you settle, the agreement is binding. If not, the case proceeds to trial on the scheduled date.

Watch for a Counterclaim

A defendant who believes you actually owe them money can file a counterclaim. If the counterclaim arises from the same underlying dispute, it has to be filed in writing with the clerk at least five days before the pre-trial conference or the defendant loses the right to raise it. A counterclaim based on an unrelated matter is optional but follows the same deadline.⁴

If the counterclaim exceeds $8,000, the whole case gets transferred out of small claims and into the court with jurisdiction over the larger amount. The defendant has to pay the extra filing fee for the transfer, and if they don’t, the counterclaim is waived. But when the transfer goes through, both sides are now in regular civil court with its more formal procedures. Worth knowing before you file, because suing someone in small claims can occasionally result in a bigger, more expensive case coming back at you.

After You Win: Collecting the Judgment

Winning and getting paid are two different things. The court does not collect the money for you. If the defendant doesn’t pay voluntarily, you have several enforcement tools, and each one requires more steps and fees on your end.

A writ of garnishment lets you go after money in the defendant’s bank account or wages from an employer. You file a motion stating the amount owed, and the court issues the writ directed at the bank or employer.¹² For wages, the court issues a continuing writ, redirecting a portion of each paycheck to you until the judgment is satisfied. The defendant can claim exemptions. Florida law protects Social Security, disability, retirement benefits, and the wages of a head of household earning $750 or less per week who supports dependents. The defendant has 20 days after notice to file a claim of exemption; if you don’t object within the required window (8 business days for hand-delivered notice, 14 for mailed notice), the garnishment is dissolved.¹³

You can also file a judgment lien certificate with the Florida Department of State, which creates a lien against the defendant’s personal property. It becomes effective on the date and time you file it, and priority among competing liens follows filing order.¹⁴ A lien doesn’t put cash in your hand right away, but the defendant can’t sell or transfer covered property without dealing with your claim first.

A writ of execution directs the sheriff to seize and sell the defendant’s non-exempt property to satisfy your judgment. You identify what property the sheriff should levy on and where; the sheriff’s office won’t do that legwork. The process requires upfront deposits to cover seizing, storing, advertising, and auctioning, and those costs come off the top of the sale proceeds before you see any money. This one works well against business assets like equipment and inventory but tends to be expensive against individuals with limited property.

If You Lose: The Appeal Window

If you lose at trial, you can appeal to the circuit court. The appeal must be filed within 30 days of the final judgment, and the filing fee is $281.¹⁵ An appeal is not a new trial. The circuit court reviews the record from the small claims proceeding to decide whether the judge made a legal error. And if you’re a business, the non-attorney who represented you at trial cannot handle the appeal. Appellate proceedings require a licensed attorney.⁴

1
Florida Courts. Small Claims – Other Resources
2
The Florida Bar. Jurisdictional Changes to Civil Courts Take Effect in 2023
3
Statutes and Constitution: Online Sunshine. Florida Statutes 95.11 – Limitations Other Than for the Recovery of Real Property
4
The Florida Bar. Florida Small Claims Rules – Effective January 1, 2026
5
Florida Department of State, Division of Corporations. Search Corporations by Registered Agent
6
Miami-Dade Clerk of Courts. Statement of Claim Form
7
Miami-Dade Clerk of Courts. E-Filing
8
Florida Court Clerks and Comptrollers. How Do I File a Small Claim Case
9
Gulf County Clerk of Courts. Small Claims
10
Statutes and Constitution: Online Sunshine. Florida Statutes Chapter 48 – Process and Service of Process
11
Florida Courts. Mediation – Alternative Dispute Resolution
12
Statutes and Constitution: Online Sunshine. Florida Statutes Chapter 77 – Garnishment
13
Statutes and Constitution: Online Sunshine. Florida Statutes 77.041 – Notice to Individual Defendant for Claim of Exemption From Garnishment
14
Statutes and Constitution: Online Sunshine. Florida Statutes 55.202 – Judgments, Orders, and Decrees; Lien on Personal Property
15
Florida Court Clerks and Comptrollers. How Do I File an Appeal