Small Claims Court in Miami: Filing, Trial, and Collecting

Small claims court in Miami handles money disputes up to $8,000 through the Miami-Dade Clerk of the Courts, and most people file and argue these cases without a lawyer. You start by filing a Statement of Claim, pay a filing fee between $55 and $300 depending on the amount, arrange for the defendant to be formally served, attend a pre-trial conference that usually includes mediation, and go to trial only if the case doesn’t settle. From filing to resolution typically runs a few months.

What You Can Sue For and By When

Florida Small Claims Rule 7.010 caps the amount you can sue for at $8,000. That cap covers only the principal you’re claiming. Court costs, accrued interest, and attorney fees can be added on top if you win.1Florida Supreme Court. Florida Supreme Court Opinion SC2024-1765 – In Re Amendments to Florida Small Claims Rules 7.010 and 7.020 If your dispute involves more than $8,000, it belongs in county court’s general civil division, which handles claims up to $50,000.2The Florida Legislature. Florida Statutes 34.01 – Jurisdiction of County Court

Typical Miami-Dade small claims cases involve unpaid invoices, security deposit disputes, minor car accident damage, and broken contracts for home repairs or professional services. Individuals and businesses can both sue and be sued. To file in Miami-Dade, one of three things has to be true: the incident happened in the county, the defendant lives here, or the disputed property is located here.3Miami-Dade County Clerk of the Courts. Small Claims

Florida sets strict deadlines, and missing one kills the claim no matter how strong it is. The clock runs from the date of the breach or incident:

The two-year negligence deadline catches people off guard. Months of back-and-forth with the other driver after a fender bender can eat the window before you realize it. File sooner.

Preparing and Filing Your Claim

Get the Defendant’s Name Exactly Right

Before you touch the paperwork, confirm the exact legal name of whoever you’re suing. For an individual, that’s their full legal name. For a business, you need the registered corporate name plus the name and address of its registered agent. The Florida Department of State’s Sunbiz database is free and searchable online.5Florida Department of State. Search for Corporations, Limited Liability Companies, Limited Partnerships, and Trademarks by Name A wrong name can delay or sink your case.

The Statement of Claim

The Statement of Claim is the form that tells the court what happened, who owes you money, and how much. Blank forms are available at Room 06.240 of the Osvaldo N. Soto Miami-Dade Justice Center, at any district court location, and on the clerk’s website.3Miami-Dade County Clerk of the Courts. Small Claims6Miami-Dade County Clerk of the Courts. Statement of Claim

Write a clear, factual summary and specify the exact dollar amount. If your claim is based on a written document, such as a contract, lease, or invoice, you must attach a copy. If the document is unavailable, explain why in the statement itself.7Florida Courts. Florida Small Claims Rules Beyond required written instruments, bring anything that supports your version of events: photos, screenshots of texts and emails, receipts, bank statements. Keep it in chronological order so the judge can follow the timeline. File in duplicate plus one extra copy per defendant.6Miami-Dade County Clerk of the Courts. Statement of Claim

Where to File and What It Costs

You can file electronically through the Florida Courts E-Filing Portal or in person at the Osvaldo N. Soto Miami-Dade Justice Center or a district court location. In-person filers can pay with cash, credit card, or personal check. Fees scale with the amount in dispute:

  • Up to $100: $55
  • $100.01 to $500: $80
  • $500.01 to $2,500: $175
  • $2,500.01 to $8,000: $3008Miami-Dade County Clerk of the Courts. Civil and Family Court

Each summons issued to a defendant adds $10.9Miami-Dade County Clerk of the Courts. Fee Schedule Once the clerk processes your paperwork, you get a case number and a summons for each defendant.

If You Can’t Afford the Fees

Florida law lets you apply for a determination of indigent status. If you qualify, you’re excused from filing fees, summons fees, service of process costs, and several other charges tied to the lawsuit.10The Florida Legislature. Florida Statutes 57.081 – Costs Right to Proceed Where Prepayment of Costs and Payment of Filing Fees Waived You apply through the clerk’s office, and eligibility is based on income and assets. If you later win, the court can recover those waived costs from the losing party.

Serving the Defendant

Filing is only half the job. The defendant must be formally notified before the court can move the case forward. This is service of process, and it has to be done correctly.

The most common route in Miami-Dade is the Miami-Dade Police Department’s Court Services Bureau, which delivers summonses for $40 per address and requires a self-addressed stamped envelope.11Miami-Dade County. Fees and Procedures for Court Services Private process servers typically run $50 to $150 and are worth it when the defendant is hard to find or keeps odd hours.

For Florida defendants, you can also try certified mail with a return receipt. The receipt must be signed by the defendant or someone authorized to receive mail at their home or business address.7Florida Courts. Florida Small Claims Rules Certified mail is cheaper, but if the defendant won’t sign or can’t be reached, you’ll need personal delivery.

If the defendant lives outside Florida, service must be made by the sheriff in that defendant’s county of residence. You pay that sheriff’s fee and provide a street address, not a P.O. box. The Miami-Dade clerk forwards the summons with your payment.

Whoever delivers the summons must file a sworn document confirming the date, time, and location. Without that return of service on file, the court can’t move forward.7Florida Courts. Florida Small Claims Rules Follow up with your server or the sheriff to confirm it was filed.

The Pre-Trial Conference

After the defendant is served, the clerk sets a pre-trial conference within 50 days of your filing date.12Florida Supreme Court. Florida Small Claims Rule 7.090 – Appearance, Defensive Pleadings, Trial Date Both sides have to show up in person. A written response doesn’t excuse your attendance.13Miami-Dade County Clerk of the Courts. Summons Notice to Appear for Pretrial Conference

The conference records appearances, narrows the real dispute, and tests whether the case can settle. Mediation is a standard part of the day. A neutral mediator sits with both parties and looks for a resolution. Many cases end here.

Skip this date at your peril. If the plaintiff doesn’t show, the court will likely dismiss the case. If the defendant doesn’t show, the judge can enter a default judgment, meaning the plaintiff wins without having to prove anything at trial.13Miami-Dade County Clerk of the Courts. Summons Notice to Appear for Pretrial Conference

What a Small Claims Trial Looks Like

If mediation doesn’t resolve things, the court sets a trial within 60 days of the pre-trial conference, with at least 10 days’ notice to both parties.7Florida Courts. Florida Small Claims Rules

Small claims trials are deliberately informal. The judge runs the proceeding and can relax the strict rules of evidence that apply in regular civil court. Evidence comes in if the judge finds it relevant, and the judge decides what weight to give it. The judge may question parties and witnesses directly.7Florida Courts. Florida Small Claims Rules The plaintiff goes first, then the defendant. Your burden is to prove your claim by a preponderance of the evidence, meaning it’s more likely than not that your version is correct.

Bring originals of every document you filed as an exhibit, and bring the witnesses who can confirm your account. If a witness won’t come voluntarily, ask the clerk to issue a subpoena. The judge enters a judgment at the end.

Either side can request a jury trial, but the timing is tight. The plaintiff must ask for one when filing the lawsuit. The defendant must ask within five days of being served or at the pre-trial conference, whichever comes first. If neither side asks, the right is waived.7Florida Courts. Florida Small Claims Rules

If You’re Sued and Want to Counterclaim

A defendant can file their own claim against the plaintiff in the same case. If your claim arises from the same dispute, it’s compulsory and must be filed at least five days before the pre-trial conference, or you lose it permanently. If it’s about a separate matter, it’s permissive and can ride along as long as it stays within $8,000. A counterclaim over $8,000 forces the whole case into a higher court, and whoever files it must deposit the higher court’s filing fee at that time or waive the transfer.7Florida Courts. Florida Small Claims Rules

After the Judgment

Appealing

If you lose, you have 30 days from the date judgment is entered to file a notice of appeal with the county court clerk. Appeals go to the circuit court, and the filing fee varies. Miss the 30 days and the right is gone.

An appeal is not a second trial. The circuit court reviews the record for legal error, and you generally can’t introduce new evidence or witnesses. That’s why how you present the first time matters so much.

Collecting What You Won

Winning and getting paid are different things. The court orders payment but doesn’t collect for you. As a judgment creditor, you have several tools.

You can record a certified copy of your judgment in the official records of any Florida county where the defendant owns real property. That creates a 10-year lien on the property, which generally blocks a sale or refinance until you’re paid.14Florida Senate. Florida Statutes Chapter 55 – Judgments

If the defendant has a job, you can seek a continuing writ of garnishment directed at their employer, who must then withhold a portion of pay each period until the judgment is satisfied.15The Florida Legislature. Florida Statutes Chapter 77 – Garnishment Florida’s head-of-family exemption complicates this. A defendant who provides more than half the support for a child or dependent has fully exempt wages when take-home pay is $750 per week or less, and the exemption still applies above that threshold unless they waived it in writing.16The Florida Legislature. Florida Statutes 222.11 – Exemption of Wages From Garnishment For defendants who are not heads of family, federal law caps garnishment at 25% of disposable earnings. Many small claims judgments against lower-income defendants are hard to collect through wages alone.

You can also garnish a bank account with a writ directed at the financial institution. Exempt earnings deposited into an account remain protected for six months after deposit if the defendant can trace them, but non-exempt funds are fair game.16The Florida Legislature. Florida Statutes 222.11 – Exemption of Wages From Garnishment For defendants with non-exempt personal property, a writ of execution lets the sheriff seize and sell those assets, with proceeds covering sale costs first and then your judgment.

Collection is where most small claims winners run out of patience. If the defendant has few assets or little income today, that can change. Florida judgments are enforceable for 20 years, so periodically checking back is often the strategy.