Small Claims Court in Florida: How to File, Limits, Fees, and Collection

A practical filing-to-collection guide for Florida consumers and small businesses who need to recover money up to $8,000.

1. What is small claims court in Florida?

Small claims court in Florida is the Small Claims Division of the County Court. It hears money disputes and actions to recover specific personal property up to $8,000, not counting interest, costs, and attorney's fees. Attorneys are allowed but not required. The process runs under the Florida Small Claims Rules, which are faster and looser than the regular civil rules. Most cases reach a pretrial conference within about 50 days of filing.

The Florida court system has three civil tracks. Small claims handles cases up to $8,000. The regular county civil docket handles claims from $8,000.01 up to $50,000. The Circuit Court handles claims over $50,000 and certain specialty matters. Small claims uses simplified procedure, with limited discovery and a fast path to a pretrial conference where the judge often pushes the parties into mediation the same day.

A jury trial is available in Florida small claims, but only if a party timely demands one and pays the jury fee. Most cases end up as bench trials before a county court judge. Final judgments are binding and can be recorded as liens, enforced through writs of execution and garnishment, and appealed to the Circuit Court within 30 days.

Which court hears small claims cases in Florida?

The court that hears small claims cases in Florida is the County Court, sitting in its Small Claims Division. Every Florida county has a County Court. Cases are filed with the Clerk of the Circuit Court in the county that has venue under Fla. Stat. §47.011. Procedure follows the Florida Small Claims Rules (Rule 7.010 and following).

How small claims differs from the regular civil docket

Small claims differs from the regular civil docket in four ways. First, the dollar cap is $8,000 rather than $50,000. Second, the rules limit discovery, so there are no automatic depositions or document demands without leave of court. Third, the court schedules a pretrial conference within roughly 50 days, where the judge handles case management and usually orders mediation. Fourth, businesses can appear through a non-lawyer officer or employee, which is not allowed on the regular civil docket.

Is small claims court the right forum for your case?

Small claims is the right forum if your claim is for money or specific personal property, the amount is $8,000 or less, and the claim type is not on Florida's excluded list. Common fits include unpaid invoices, security deposit return, property damage, breach of a small contract, bad checks, and consumer complaints. Eviction, divorce, probate, quiet title, and class actions belong elsewhere.

2. Should you file in Florida small claims?

You can file in Florida small claims if (1) your claim is for money or a specific item of personal property, (2) the amount is $8,000 or less, not counting interest, costs, and attorney's fees, (3) the claim type isn't excluded by the Small Claims Rules, (4) Florida has venue under Fla. Stat. §47.011, and (5) you are old enough and mentally competent to bring the case yourself (or you are a business represented by an authorized person).

Florida raised the small claims cap from $5,000 to $8,000 in 2020. Some older websites still cite the $5,000 number. Don't rely on those. The current cap is $8,000.

You cannot split one claim into two cases to fit under the cap. Florida prohibits claim-splitting, and the court will dismiss the second case as already decided.

Cases small claims can hear in Florida

Cases small claims can hear in Florida include unpaid invoices, breach of a written or oral contract, security deposit disputes (Fla. Stat. §83.49), property damage from car accidents or other negligence, return of specific personal property, bad checks under Fla. Stat. §68.065, civil theft under Fla. Stat. §772.11, consumer protection claims under FDUTPA, breach of warranty under Fla. Stat. §672.725, and small wage disputes under Fla. Stat. §448.110.

Cases small claims cannot hear in Florida

Cases small claims cannot hear in Florida include eviction and possession of real property (these use Florida's summary eviction track), family law (divorce, custody, child support, paternity), probate and estate creditor claims, title to real property and equitable relief like quiet title or injunctions, class actions, matters reserved to federal court (bankruptcy, federal tax, patents), criminal matters, and workers' compensation claims.

Who can sue and who can be sued?

Anyone who sues or is sued in Florida small claims must be a legal person or entity: an adult individual, a corporation, an LLC, a partnership, a sole proprietor doing business under a name, or a government entity (with extra notice steps). Minors must sue through a parent or guardian. Florida bars unlicensed contractors from suing to enforce contracting agreements under Fla. Stat. §489.128, so a handyman without the required license cannot recover for the work.

Businesses can appear in small claims through an officer, director, or authorized employee. They do not need a lawyer. The person who shows up at the pretrial conference must have settlement authority. Judges have sanctioned representatives who appear without it.

What if you signed a contract with an arbitration clause?

If you signed a contract with an arbitration clause, the defendant can move to compel arbitration under the Federal Arbitration Act and Florida law. The court will usually stay or dismiss the small claims case unless the contract carves out small claims. Many consumer contracts now include a small claims carve-out, which lets you file in court despite the arbitration clause. Read the clause carefully before filing. Some statute-specific paths (like Florida's Lemon Law under Fla. Stat. §681.109) require arbitration first regardless of the contract.

3. How long do you have to sue? Statute of limitations in Florida

In Florida, you generally have 5 years to sue on a written contract, 4 years on an oral contract or open account, 4 years for property damage, and 2 years for personal injury. The clock starts on the date of breach or injury, or on the date you discovered the harm for fraud and concealed defects. Miss the deadline and the case gets dismissed, no matter how strong the underlying facts.

Statute of limitations for common claims in Florida

Florida shortened the personal injury and negligence deadlines from 4 years to 2 years in 2023 for causes of action accruing on or after March 24, 2023. If your injury happened before that date, the old 4-year rule may still apply.

When the clock pauses or resets in Florida

The Florida limitations clock pauses or resets in several situations. A partial payment or written acknowledgment of a debt restarts the clock from zero. Fraudulent concealment by the defendant tolls (pauses) the deadline until you discover the harm. The Servicemembers Civil Relief Act (SCRA) tolls deadlines for active-duty servicemembers. A defendant who is absent from Florida or actively evading service can also extend the period.

What happens if you miss the deadline

If you miss the Florida statute of limitations, the defendant can move to dismiss and the court will throw the case out. The defense must be raised by the defendant, so technically you can still file. But you waste the filing fee and risk a sanctions motion if the case is clearly time-barred. Check the deadline before you spend the $55 to $300 filing fee.

4. Before you file: demand letter and required notices

In Florida, a demand letter is not legally required for most claims, but it is strongly recommended. For certain claim types it is mandatory: worthless checks (30 days under Fla. Stat. §68.065), civil theft (30 days under Fla. Stat. §772.11), motor vehicle dealer consumer claims (30 days), and minimum-wage claims (15 days under Fla. Stat. §448.110). Send by certified mail with return receipt and keep proof. Government defendants require a separate written notice under Fla. Stat. §768.28 within 3 years of the incident.

Do you need a demand letter in Florida?

A demand letter in Florida is required by statute only for specific claim types. For everything else, the rules do not require one, but most county court judges expect to see that you tried to resolve the dispute before filing. A demand letter also creates a clear paper trail for damages and shows the judge you acted in good faith. Without one, you can still win, but you look less reasonable.

What to include in a Florida demand letter

A Florida demand letter should include the exact dollar amount you are claiming, a clear description of what happened, the date the harm occurred, an address for response, and copies of key supporting documents like contracts, receipts, photos, or invoices. Give the defendant a specific deadline to pay (typically 10 to 30 days). For check demands under Fla. Stat. §68.065, include the check number, date, drawee bank, and a written warning that you will seek three times your damages or $50, whichever is greater, if the check isn't paid.

Pre-suit notice for special claim types

Pre-suit notice in Florida is required for several categories. Bad checks need a 30-day written demand under Fla. Stat. §68.065. Civil theft needs a 30-day demand under Fla. Stat. §772.11. Unpaid minimum wages need 15 days' written notice to the employer under Fla. Stat. §448.110. Florida's Lemon Law requires arbitration before suit under Fla. Stat. §681.109. HOA disputes generally require pre-suit mediation under Fla. Stat. §720.311. Medical malpractice requires a 90-day pre-suit investigation period. Nursing home claims require 75 days' notice. Construction defect claims require Chapter 558 notice. Insurance bad-faith claims require a Civil Remedy Notice with statutory waiting periods. Skipping any of these can bar your recovery.

How to sue a city or county in Florida

To sue a city or county in Florida, you must serve a written notice of claim under Fla. Stat. §768.28(6) on the agency involved and on the Florida Department of Financial Services, Division of Risk Management. The notice must be presented within 3 years of the incident. After giving notice you must wait 6 months before filing suit, unless the agency denies the claim sooner. Missing the notice or filing too soon will get the case dismissed. The state's waiver of sovereign immunity also caps recovery at $200,000 per person and $300,000 per incident.

5. Identifying and naming the defendant correctly

Name the defendant exactly as they exist legally: a person by full legal name, a sole proprietor by the owner's name plus DBA, a corporation or LLC by its registered name as it appears in Sunbiz. Misnaming a corporate defendant is the most common reason a Florida small claims judgment can't be collected. Always look up business entities at the Florida Division of Corporations site (Sunbiz.org) before filing.

How to find a business's legal name in Florida

To find a business's legal name in Florida, use Sunbiz.org, the Florida Division of Corporations search. Enter the trade name you know and Sunbiz returns the registered legal name, principal address, registered agent, and officer list. Use the exact name and entity type (Inc., LLC, Corp.) as it appears in Sunbiz. For fictitious names ("doing business as"), Sunbiz also shows the owner behind the DBA.

How to name an LLC or corporation

An LLC or corporation in Florida is named by its full registered name including the entity suffix, such as "Acme Plumbing Services, LLC" or "Sunshine Roofing, Inc." Service goes to the registered agent listed in Sunbiz under Fla. Stat. §48.081. If the registered agent has resigned or moved without updating, Florida law allows service on the Secretary of State as a substitute. Never sue just "Acme Plumbing" if the legal name is "Acme Plumbing Services, LLC." A judgment against the wrong name is hard to enforce.

How to name a sole proprietor or DBA

A sole proprietor in Florida is named by the owner's full legal name plus "doing business as" and the trade name, like "John Q. Smith doing business as Smith's Auto Repair." This way the judgment runs against the individual personally, not just the trade name. Sunbiz's fictitious name database shows the owner of a DBA registered in Florida.

How to amend if you discover the wrong name after filing

If you discover the wrong name after filing, you can file a motion to amend the Statement of Claim. Florida courts generally allow amendments to correct misnomers when the right defendant got actual notice. If you served the wrong entity entirely, you may need to dismiss and refile, and re-pay service costs. Catching the error before service saves time and money.

6. The forms you need to file in Florida

Florida requires three core forms to start a small claims case: the Statement of Claim (the small claims complaint), the Civil Cover Sheet (Form 1.997), and the Notice to Appear for Pretrial Conference issued by the clerk. If you can't afford the filing fee, add an Application for Determination of Civil Indigent Status. All are available free at the Florida Courts website (flcourts.gov) and through your county clerk's site.

Florida small claims forms

Which forms open the case?

The forms that open a Florida small claims case are the Statement of Claim and the Civil Cover Sheet (Form 1.997). The Statement of Claim describes who you're suing, why, and how much. The Civil Cover Sheet is administrative paperwork the clerk uses to categorize the case. After you file, the clerk issues the Notice to Appear for Pretrial Conference, which is the summons. You then arrange for that Notice to be served on the defendant.

Which forms does the defendant file?

The forms the defendant files in Florida small claims are typically a written answer to the Statement of Claim, plus any counterclaim or third-party claim. Unlike some states, Florida small claims does not require a written answer before the pretrial conference. The defendant just has to appear. But filing a written answer is good practice and is required if the parties opt out of small claims rules into the regular Rules of Civil Procedure.

How to fill out the Florida claim form

To fill out the Florida claim form, you write a short, plain description of your claim: who the defendant is, what they did, when it happened, and how much they owe. Attach copies of any contract, invoice, receipt, photo, or other document that supports your claim. Sign and date the form. The Statement of Claim is short on purpose. Don't bury the facts in legalese.

What if you can't afford the filing fee?

If you can't afford the Florida filing fee, you file an Application for Determination of Civil Indigent Status with the clerk. The form asks about your income, household size, assets, and government benefits. Clerks generally find indigency at around 200% of the federal poverty level or for people receiving means-tested benefits like Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), Supplemental Nutrition Assistance Program (SNAP), or Medicaid. If approved, the clerk waives the filing fee. Service fees may or may not be waived depending on the county.

7. Where to file, and how (in person, mail, e-file)

File in the County Court in the county where the defendant lives, where the contract was signed or performed, or where the events giving rise to the claim happened, under Fla. Stat. §47.011. For corporate defendants you can also file where the company has its principal office or registered agent. Florida accepts filings in person, by mail, through clerk drop boxes, and through the statewide e-file portal at myflcourtaccess.com. The clerk typically schedules a pretrial conference within about 50 days of filing.

Which county do you file in?

The county you file in is set by Fla. Stat. §47.011. You can choose any county where (1) the defendant lives, (2) the cause of action accrued (where the contract was breached, where the accident happened, where the goods were sold), or (3) the property at issue is located. For corporate defendants, the principal office or registered agent location also works. For nonresident defendants, the rules are more flexible. Pick the most convenient venue that fits one of these rules.

How to file in Florida small claims

To file in Florida small claims you can submit the Statement of Claim and Civil Cover Sheet four ways. In person at the County Court clerk's office. By mail to the clerk, with payment by check or money order. Through a clerk drop box where available. Or electronically through the Florida Courts E-Filing Portal at myflcourtaccess.com. The clerk processes the filing, stamps it, assigns a case number, and issues the Notice to Appear for the pretrial conference.

How to e-file in Florida

To e-file in Florida, create an account at myflcourtaccess.com (the Florida Courts E-Filing Portal). Once approved, you upload your Statement of Claim and Civil Cover Sheet as PDF files, select your county, and pay the filing fee by credit card (a convenience fee may apply). The portal sends you a confirmation and the documents go to the clerk's queue. Most clerks process e-filings within a few business days.

What happens if you file in the wrong county?

If you file in the wrong county in Florida, the defendant can move to transfer the case to the proper venue under Fla. Stat. §47.011. The court will move the case to the correct county and you may have to pay re-filing or transfer costs. The case isn't usually dismissed outright for a venue error, but it adds delay. Check the venue rules before filing to avoid the headache.

8. Filing fees, service fees, and fee waivers in Florida

Filing fees in Florida small claims start at $55 for claims up to $100 and rise to $300 for claims up to $8,000. Add about $10 for the Notice to Appear issuance fee per defendant. Service by sheriff is around $40, and certified mail through the clerk is about $8. If you can't afford the fees, file the Application for Determination of Civil Indigent Status. Filing fees are recoverable as court costs if you win.

Filing fees by claim amount

Counties may add small surcharges for technology and law library funds. There is also typically a $10 issuance fee for the Notice to Appear per defendant. If a counterclaim raises the amount into a higher bracket, additional fees may apply.

Service costs by method

How much does it cost to file in Florida?

Filing a Florida small claims case costs $55 to $300 depending on the amount claimed. For a $1,500 claim, the fee is $175. For the maximum $8,000 claim, it is $300. Add about $10 for the Notice to Appear and your service cost. So a typical case at the maximum cap with sheriff service runs about $350 out the door.

How much does service cost?

Service in Florida costs $8 to $150 depending on method. Sheriff service is the most common at around $40. Certified mail through the clerk runs about $8 but only works if the defendant personally signs the green card. Private process servers charge $50 to $75 and tend to be faster than the sheriff. Publication is the most expensive at around $150 and is reserved for cases where you can't find the defendant after diligent search.

Can you get the filing fee waived?

You can get the Florida filing fee waived by filing the Application for Determination of Civil Indigent Status with the clerk. The clerk reviews your income, household size, and benefits. People receiving TANF, SSI, SNAP, or Medicaid, or those at about 200% of the federal poverty level, typically qualify. If granted, the clerk waives the filing fee. Whether service fees are also waived depends on your county and the order's scope.

Are filing fees recoverable if you win?

Filing fees in Florida are recoverable if you win and request them as court costs in the final judgment. The same goes for service fees, subpoena costs, and witness mileage. Attorney's fees are different: you only get those if a contract or statute authorizes them. Ask for costs on the record at the hearing and in any proposed final judgment you submit to the judge.

9. Serving the defendant in Florida

Florida allows six methods to serve a small claims defendant: sheriff, certified mail through the clerk, private process server, substitute service on a co-resident, court-ordered alternate service, and publication (last resort). The plaintiff arranges service. Aim for service at least 7 days before the pretrial conference (10 days for out-of-county defendants). Before any default judgment, you must file an Affidavit of Military Service confirming the defendant is not on active duty.

Service methods in Florida

Service by sheriff or constable

Service by sheriff in Florida is the most common method. You request service through the clerk or directly with the sheriff's civil process division, pay roughly $40 (varies by county), and the deputy attempts personal service at the address you provide. The sheriff files a Return of Service with the court. Sheriffs cannot serve outside Florida. For out-of-state defendants, use a local sheriff in that state or a private process server.

Service by certified mail

Service by certified mail in Florida is allowed for in-state defendants only. The clerk mails the Notice to Appear and Statement of Claim, restricted delivery, return receipt requested. Service is valid only if the defendant personally signs the green card. If someone else signs, or if the mail comes back unclaimed, the service fails and you have to try another method. Cost is about $8 plus postage.

Service by private process server

Service by a private process server in Florida requires a server certified by the sheriff or appointed by the court. The server attempts personal service and files a notarized Affidavit of Service with the clerk. Fees are typically $50 to $75. Private servers are often faster than sheriffs and can attempt service at unusual hours, which helps when defendants are dodging.

Court-ordered alternate or substituted service

Court-ordered alternate service in Florida is allowed when the defendant is evading service or can't be located through normal means. You file a motion supported by an affidavit of diligent search and inquiry showing what you tried (addresses checked, public records searched, attempts made). The judge may then authorize posting at the residence, "nail-and-mail" (post at the door plus mail a copy), or rarely electronic service. Substituted service on a co-resident age 15 or older at the defendant's usual home, followed by mailing, is statutorily allowed without a judge's order.

Service by publication

Service by publication in Florida is a last resort that runs a notice once a week for four consecutive weeks in a newspaper of general circulation in the county. You first must file a sworn statement showing diligent search and inquiry to find the defendant. Cost is around $150 depending on the paper. Publication is good for cases involving specific property but is weaker as a basis for a personal money judgment.

What if the defendant refuses or evades service?

If the defendant refuses or evades service in Florida, document the attempts: dates, times, addresses, and what the server saw. Then file a motion for alternate service supported by the server's affidavit of diligent search. A private process server is usually better than the sheriff for this because they have time and incentive to attempt at odd hours. Refusing to open the door does not defeat service. Florida law generally allows a server to leave the papers at the defendant's feet if the server identifies them.

Serving a military defendant

To serve a military defendant in Florida, you must still complete proper service like with any defendant, but the Servicemembers Civil Relief Act (SCRA) protects active-duty servicemembers from default judgments. Before getting a default, you have to file an Affidavit of Military Service stating the defendant is not on active duty. If they are, the court may stay the case for at least 90 days and appoint counsel for the servicemember.

10. The defendant's response

After service, the defendant in Florida small claims must appear at the pretrial conference set in the Notice to Appear. Florida does not require a written answer before the pretrial conference, though filing one is common practice. The defendant may file a counterclaim for any related dispute. If the counterclaim exceeds the $8,000 cap, the case is transferred out of small claims to the regular county civil docket. If the defendant doesn't appear after proper service, the plaintiff can request a default judgment.

How long does the defendant have to respond?

The defendant in Florida has until the pretrial conference date listed on the Notice to Appear to respond. The pretrial conference is typically scheduled about 50 days after filing. Unlike most civil cases, there is no separate 20-day or 30-day answer clock. The defendant must show up at the pretrial. Not appearing after proper service exposes the defendant to a default judgment.

What goes in the answer?

A Florida Answer must include a response to each allegation in the Statement of Claim (admit, deny, or say you don't have enough information), any defenses (statute of limitations, payment, fraud, lack of standing), and any counterclaim. Even though Florida small claims doesn't require a written answer, filing one preserves your defenses and makes the case run more smoothly.

Can the defendant counterclaim?

The defendant can counterclaim in Florida by filing a written counterclaim with the clerk, paying any additional filing fee if the counterclaim raises the case into a higher fee tier, and serving the counterclaim on the plaintiff. The counterclaim should be related to the same transaction or occurrence (compulsory) or can be unrelated (permissive). Either way, it must be served on the plaintiff before the trial.

What if the counterclaim exceeds the small claims cap?

If the counterclaim exceeds the Florida $8,000 cap, the case is transferred out of the small claims division to the regular county civil docket. The defendant pays additional filing fees for the higher bracket. Procedure switches to the regular Rules of Civil Procedure, which means full discovery rights, written answers, and a more formal process. This can dramatically change the cost and pace of the case.

11. Preparing for and attending the hearing

Florida small claims pretrial conferences happen about 50 days after filing, with trial usually within 60 days after that. The pretrial conference is short, focused on case management, and almost always includes an offer of mediation the same day. If mediation fails, the judge sets the trial. Bring at least three copies of every document, all your witnesses, and a clear 2 to 3 minute summary of your case. Florida applies the formal Evidence Code, so hearsay rules matter even in this informal setting.

When does your hearing happen?

Your Florida small claims hearing happens in two stages. First, the pretrial conference is set in the Notice to Appear, typically about 50 days from filing. Second, if mediation does not resolve the case at pretrial, the trial is set, usually within 60 days. Florida courts target case disposition within about 95 days of filing under their case management standards, so things move fast compared to regular civil litigation.

How to prepare your case

To prepare your Florida small claims case, do five things. First, write a 2 to 3 minute summary of what happened, in plain order: date, parties, what was promised, what went wrong, what you lost. Second, organize your exhibits chronologically with a one-page index. Third, bring originals plus three copies of each document (one for you, one for the judge, one for the other side). Fourth, contact your witnesses early and confirm their attendance. Fifth, calculate damages with receipts, estimates, or invoices.

What evidence is admissible in Florida?

Evidence admissible in Florida small claims includes documents (contracts, invoices, receipts, emails, texts), photographs, video, business records, and live testimony. The Florida Evidence Code applies, so hearsay is generally excluded unless an exception applies. Common exceptions cover business records (with a custodian's testimony or affidavit), party admissions, and statements against interest. Photos and texts need authentication: the person who took or sent them should testify, or you need metadata showing source and date.

How to subpoena a witness

To subpoena a witness in Florida, you get a subpoena form from the clerk under Florida Rule of Civil Procedure 1.410 (Form 1.910). Fill in the case caption, the witness's name and address, and the hearing date and location. Have the sheriff or a process server serve the subpoena. You must pay the statutory witness fee at the time of service (typically $5 per day plus mileage). Subpoena early, ideally a few weeks before the trial.

Can you appear by phone or video?

Phone or video appearance in Florida small claims is not provided for by a single statewide rule. Some counties offer Zoom hearings as a matter of local practice, especially after 2020. Others require in-person appearance. Contact the clerk or check the local administrative orders for your county at least a week before the hearing. If remote appearance is available, you typically file a written motion and get a court order before the hearing.

Continuances and what happens if you can't attend

A continuance in Florida small claims is granted only for good cause. File a written Motion to Continue with the clerk as soon as you know you have a conflict. Last-minute requests are disfavored. If you don't appear as the plaintiff, the case is usually dismissed (often without prejudice the first time). If you don't appear as the defendant after proper service, the plaintiff can take a default judgment against you. If both sides miss it, the case is dismissed.

12. Mediation, interpreters, and ADA accommodations

Florida offers free court-annexed mediation in small claims, usually at or right after the pretrial conference. Interpreters are available in Spanish and Haitian Creole, and other languages on request. Request interpreters from the clerk in writing at least 7 days before the hearing. ADA accommodations (wheelchair access, assistive listening devices, sign-language interpreters) are requested through the local court's ADA coordinator with at least 7 days' notice.

Is mediation available in Florida small claims?

Mediation in Florida small claims is free and widely used. At the pretrial conference, the judge typically refers parties to a mediator (a court staff member or a volunteer). Mediation is confidential. If the parties settle, they sign a stipulation that becomes a consent judgment or basis for dismissal. Florida judges strongly encourage mediation and many counties require it as a routine step. Show up with settlement authority. The judge can sanction parties whose representatives can't make a deal.

How to request a court interpreter

To request a court interpreter in Florida, you contact the clerk's office or the local language access coordinator as early as possible, at least 7 days before the hearing. Spanish and Haitian Creole are commonly available. Other languages are arranged on request, sometimes by phone or video. Some counties have interpreter request forms or dedicated email contacts. There is generally no charge for court-provided interpreters in criminal and family cases; civil practice varies by county.

How to request an ADA accommodation

To request an ADA accommodation in Florida, contact the court's ADA coordinator for your judicial circuit at least 7 days before the hearing. Each circuit publishes an ADA contact on its website. Common accommodations include wheelchair access, assistive listening devices, sign-language interpreters, and accessible documents. The court provides accommodations at no cost. Even though every court has an ADA contact, the specific name and contact varies by county, so check your local circuit's site.

13. What you can recover (and statutory damages multipliers)

If you win in Florida small claims, you can recover the underlying damages, court costs (filing fee, summons fee, service fees, subpoena and witness fees), and post-judgment interest at the statutory rate set quarterly by the Florida Chief Financial Officer under Fla. Stat. §55.03. Pre-judgment interest on liquidated claims runs at the same quarterly rate. Attorney's fees are recoverable only when a contract or statute authorizes them. Certain claims trigger statutory multipliers: civil theft and bad checks both allow three times your damages.

Statutory damages multipliers in Florida

What costs are recoverable in Florida?

Costs recoverable in Florida include the filing fee, the Notice to Appear issuance fee, service of process fees (sheriff or private server), subpoena service fees, witness fees and mileage, and other taxable court costs documented in the record. Ask for these on the record at the trial and in your proposed final judgment. The judge typically awards them as a matter of course when you prevail.

How does interest work on Florida judgments?

Interest on Florida judgments runs at a statutory rate set quarterly by the Florida Chief Financial Officer under Fla. Stat. §55.03. Both pre-judgment interest (on liquidated claims) and post-judgment interest use this quarterly rate. The rate changes every three months, so check the current number on the Florida Department of Financial Services website before calculating. Interest is simple, not compound.

When can you recover attorney's fees?

Attorney's fees in Florida small claims are recoverable when a contract authorizes them or a statute provides for them. Common fee-shifting statutes include the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), civil theft under Fla. Stat. §772.11, the Florida Consumer Collection Practices Act, and the wage statutes. Florida has no automatic prevailing-party rule, so a winning party without a contract clause or statute gets no fees. If you do qualify, the request must be documented with billing records.

Statutory damages multipliers in Florida

Florida statutes that multiply damages in small claims include civil theft (three times your damages under Fla. Stat. §772.11), worthless checks (three times your damages under Fla. Stat. §68.065), minimum wage violations (double damages under Fla. Stat. §448.110), and certain Telephone Solicitation Act violations (up to three times the $500 statutory amount under Fla. Stat. §501.059). All require strict pre-suit notice. Skipping the notice forfeits the multiplier.

14. Getting a default judgment when the defendant doesn't respond

If the defendant in Florida doesn't appear at the pretrial conference after proper service, you can ask the court for a default judgment. File a motion for default with the clerk, attach proof of service, and file an Affidavit of Military Service confirming the defendant is not on active duty. For liquidated claims (a fixed dollar amount, like an unpaid invoice or returned check), the court can enter judgment without further hearing. For unliquidated claims (like damages from a fender-bender), the judge will hold a brief prove-up hearing where you testify to your damages.

When can you ask for a default judgment in Florida?

You can ask for a default judgment in Florida after the defendant fails to appear at the pretrial conference following valid service. The clerk's return of service must be on file, the Affidavit of Military Service must be completed, and the defendant must not be a minor or otherwise legally protected. If the defendant did appear at pretrial but later stopped participating, you may need a more involved motion.

What you file to get a default

To get a default in Florida, you file a Motion for Default Judgment with the clerk, attach the Return of Service or other proof of service, and submit an Affidavit of Military Service. Most judges also want a proposed Final Judgment ready for signature. If your damages are not liquidated, expect to attend a brief prove-up hearing where you testify and show your evidence.

Can the defendant vacate a default in Florida?

A defendant can vacate a Florida default by filing a motion to set aside the default within one year (365 days) under Florida Rule of Civil Procedure 1.540, showing excusable neglect, a meritorious defense, and due diligence in moving to vacate. Common excuses that work: never properly served, hospitalized, military deployment. Common excuses that don't work: ignored the papers, thought it would go away. Quick action helps.

15. Appealing a small claims judgment in Florida

In Florida, either party can appeal a small claims judgment to the Circuit Court appellate division within 30 days of the final judgment. The appeal is on the record (not a brand-new trial), meaning the appellate court reviews the trial transcript and exhibits rather than retrying the case. An appeal bond may be required to stop collection while the appeal is pending. Filing fees and procedural rules at the appellate level are stricter. Most parties hire a lawyer for the appeal.

Who can appeal and when?

Either party in Florida small claims can appeal within 30 days of the final judgment by filing a Notice of Appeal with the County Court clerk under the Florida Rules of Appellate Procedure. The appeal goes to the Circuit Court appellate division. Before appealing, consider filing a motion for rehearing or new trial in the County Court within 10 days of the judgment; this is often cheaper than a full appeal.

What kind of appeal is it?

An appeal in Florida small claims is a record review, not a de novo retrial. The Circuit Court appellate panel reviews the trial transcript, exhibits, and briefs to decide if the trial judge made a legal error. You generally cannot present new evidence on appeal. This makes preserving the record at trial important: object on the record, mark your exhibits, and consider hiring a court reporter for the trial if you might appeal.

What does an appeal cost?

An appeal in Florida costs more than the underlying case. Expect to pay the Circuit Court filing fee, transcript costs (a court reporter's transcript can run hundreds to thousands of dollars), and possibly an appeal bond if you want to stop collection during the appeal. Add legal fees if you hire an attorney, which most appellants do because appellate procedure is technical.

Does an appeal stop collection?

An appeal stops collection in Florida when the appellant posts a supersedeas bond covering the judgment plus estimated interest and costs. Without a bond, the prevailing party can begin collection (writs of execution, garnishment) even while the appeal is pending. If collection succeeds and the appeal later reverses the judgment, the collected money has to be paid back, often after fight and delay.

16. Collecting your judgment in Florida

Winning is half the battle, and Florida doesn't collect for you. After the 30-day appeal window closes (and any motion for rehearing is resolved), you can record a certified copy of the judgment to create a real-property lien, apply for a Writ of Execution to levy non-exempt assets, garnish wages (subject to Florida's strong head-of-family exemption), levy bank accounts, and require the debtor to fill out a Fact Information Sheet or attend a debtor's examination. Florida judgments are valid for 20 years and can be extended on real-property liens by re-recording.

16.1 Wait for the appeal window to close

The appeal window in Florida is 30 days from the final judgment. During those 30 days, the losing party can appeal or file a motion for rehearing or new trial (which has a 10-day filing window). Collection technically can start before the 30 days expire, but most creditors wait until the deadline passes to avoid having to refund collected money if the case is reversed.

16.2 Get an abstract or certificate of judgment

An abstract of judgment in Florida is a certified copy of the Final Judgment obtained from the County Court clerk. To create a lien on the debtor's non-exempt real property in any Florida county, record the certified copy in that county's Official Records. The real-property lien lasts 10 years and can be extended by re-recording. Florida also has a Judgment Lien Registry administered by the Department of State that creates a separate lien on personal property; that is a different filing.

16.3 Writ of execution

A writ of execution in Florida authorizes the sheriff to seize and sell the debtor's non-exempt personal property to satisfy the judgment. Get the writ from the clerk after the appeal window closes, then deliver it to the sheriff in the county where the debtor's property is located. You typically have to identify the property (a specific vehicle, equipment, inventory) and pay the sheriff's fee. The sheriff levies, schedules a sale, and applies proceeds to the judgment.

16.4 Wage garnishment

Wage garnishment in Florida is allowed up to 25% of disposable earnings under federal law, but Florida adds a strong head-of-family exemption under Fla. Stat. §222.11. If the debtor is a head of family (providing more than half the support of a dependent) and earns $750 per week or less in net wages, their wages are fully exempt from garnishment for consumer debts. Wages over $750 per week remain exempt unless the debtor signed a written waiver. This makes wage garnishment difficult against many Florida workers. File a Writ of Garnishment and Notice to Defendant of Right Against Garnishment; the debtor has 20 days to claim exemptions.

16.5 Bank levy or account garnishment

A bank levy in Florida works by serving a Writ of Garnishment on the debtor's bank. The bank freezes the account up to the judgment amount and answers the writ. The debtor receives a Notice to Defendant of Right Against Garnishment and has 20 days to file a Claim of Exemption and Request for Hearing. Common exemptions: Social Security, veterans' benefits, wages of a head of family, and retirement accounts. If the debtor doesn't claim an exemption or the claim is denied, the court orders the bank to release the funds.

16.6 Debtor's examination

A debtor's examination in Florida is a court-ordered process to find out what the debtor owns. The simplest tool is the Fact Information Sheet (Florida Small Claims Form 7.343), which the judge can order the debtor to complete and return under oath, listing employer, bank accounts, vehicles, real estate, and other assets. For more, you can schedule a hearing in aid of execution where the debtor is examined under oath in court. Failure to comply can result in a show-cause order and contempt sanctions.

16.7 Satisfaction of judgment

A satisfaction of judgment in Florida is filed when the debtor has paid in full. The judgment creditor must record a Satisfaction of Judgment with the clerk, and if the judgment was recorded as a real-property lien, also record the satisfaction in the county Official Records. Failing to record a satisfaction after payment can expose the creditor to damages. Use the standard Satisfaction of Judgment form from flcourts.gov.

16.8 Judgment renewal

A Florida judgment is valid for 20 years from entry under Fla. Stat. §95.11(1) (the deadline to enforce a judgment is 20 years). Real-property judgment liens recorded in the county Official Records last 10 years and can be re-recorded once for another 10 years. Florida judgments are not "renewed" through a separate court action like in some states; the statute simply gives you 20 years to enforce. Plan accordingly when chasing a slow-paying defendant.

16.9 Collecting from an out-of-state debtor (UEFJA)

To collect from an out-of-state debtor, you domesticate the Florida judgment by registering it in the debtor's home state under that state's version of the Uniform Enforcement of Foreign Judgments Act (UEFJA). Most states require an authenticated copy of the judgment plus an affidavit. After a notice period (commonly 30 days), the judgment is enforceable as a local judgment in that state. The reverse also works: out-of-state judgments are registered in Florida under Florida's UEFJA and become enforceable after 30 days.

16.10 What's exempt from collection in Florida

Florida protects the following property from collection under generous state exemptions, which is one reason collection in Florida is harder than in many states.

A bankruptcy filing by the debtor triggers an automatic stay halting all collection. Florida debtors generally must use state exemptions in bankruptcy. Discharge can wipe out the underlying obligation.

17. State-specific quirks and pitfalls in Florida

Florida has several rules that catch filers off guard. The $8,000 cap was raised from $5,000 in 2020, so older guides have stale numbers. Florida applies the formal Evidence Code in small claims, so hearsay actually gets excluded. And Florida's head-of-family wage exemption is one of the strongest in the country, making post-judgment collection unusually hard.

Businesses can appear without a lawyer. Corporations and LLCs can be represented in Florida small claims by an officer or authorized employee. That person must have settlement authority at the pretrial conference. This is unusual nationally and helps small business plaintiffs and defendants alike.

Either party can opt out of the small claims rules. A party can file a motion to invoke the formal Florida Rules of Civil Procedure, which expands discovery and changes the pace. This is a strategic choice often made by defendants who want to slow the case down or by parties who want depositions.

Pre-suit notice is strictly enforced for certain claims. Civil theft (30 days), worthless checks (30 days), motor vehicle dealer consumer claims (30 days), and minimum-wage claims (15 days) all require written notice before suit. Skip it and you lose the statutory multiplier or the entire claim.

Settlement authority required at mediation. Florida judges have sanctioned parties whose representatives showed up to the pretrial conference and mediation without authority to settle. If you send an employee, give them written authority and a settlement range.

HOA disputes require pre-suit mediation. Under Fla. Stat. §720.311, homeowner association disputes over use, covenants, or amendments must go through pre-suit mediation. Skipping this gets the case dismissed.

Lemon Law requires arbitration first. Under Fla. Stat. §681.109, new-car Lemon Law claims must be arbitrated before suit. A small claims filing without arbitration is premature.

Sovereign immunity has a 6-month wait. Under Fla. Stat. §768.28, you must give written notice to the agency and the Department of Financial Services within 3 years, then wait 6 months before filing. Two strict windows.

Unlicensed contractors can't enforce contracts. Under Fla. Stat. §489.128, an unlicensed contractor cannot sue to collect on a contracting agreement. This defeats many small claims by handymen, roofers, and home-service providers.

Strong wage and homestead exemptions make collection hard. Florida's head-of-family wage exemption (Fla. Stat. §222.11) and unlimited homestead exemption (Fla. Const. art. X, §4) mean even a winning judgment may be uncollectible against a debtor who owns a home and supports a dependent.

10-day window for rehearing motions. A motion for rehearing or new trial must be filed within 10 days of the final judgment. This often makes more sense than a 30-day appeal because it's cheaper and stays in front of the same judge.

The Notice to Appear is the summons. Florida small claims doesn't use a traditional summons. The clerk issues a Notice to Appear for Pretrial Conference, which serves as both the summons and the scheduling order. Don't expect a separate summons form.

18. Sources and citations

1. Florida Statutes (County Court jurisdiction summaries). flsenate.gov. https://www.flsenate.gov/Laws/Statutes/2023/0034.01. Cited for: court structure, jurisdictional dollar caps, division between county court and circuit court.

2. Judicial Circuit article on jurisdiction/amount changes. jud12.flcourts.org. https://www.jud12.flcourts.org/News/Jurisdiction-Amount-Changes. Cited for: explanation of $8,000 small claims cap and procedural implications.

3. Lee County Clerk — Small Claims overview. leeclerk.org. https://www.leeclerk.org/?navid=1709. Cited for: scope examples and typical small-claims uses.

4. 17th Judicial Circuit: Changes to county court jurisdiction (2019/2020). 17th.flcourts.org. https://www.17th.flcourts.org/2019/11/28/changes-are-coming-to-county-court-know-your-court/. Cited for: jurisdictional limit history.

5. Florida Small Claims Rules overview. courtrules.net. https://www.courtrules.net/florida/florida-small-claims/rule-7-010. Cited for: scope, exclusions, procedure.

6. Fla. Stat. §47.011 — Venue. flsenate.gov. https://www.flsenate.gov/Laws/statutes/2023/47.011. Cited for: venue rules and examples.

7. Fla. Stat. §95.11 — Statute of Limitations. flsenate.gov. https://www.flsenate.gov/Laws/Statutes/2024/095.11. Cited for: statute of limitations by claim type.

8. Fla. Stat. §68.065 — Worthless check civil remedy. findlaw.com. https://codes.findlaw.com/fl/title-vi-civil-practice-and-procedure/fl-st-sect-68-065/. Cited for: pre-suit demand and treble-damage rules for bad checks.

9. Fla. Stat. §772.11 — Civil theft. leg.state.fl.us. https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0772/Sections/0772.11.html. Cited for: civil theft pre-suit demand and treble damages.

10. Civil Cover Sheet (Form 1.997). flcourts.gov. https://www.flcourts.gov/content/download/403072/file/1.997-civil-cover-sheet.pdf. Cited for: required filing form.

11. Sample Statement of Claim. volusiaclerk.org. https://www.volusiaclerk.org/forms/SmallClaimsStatementofClaim.pdf. Cited for: statement of claim example and filing practice.

12. Affidavit of Military Service. flcourts.gov. https://www.flcourts.gov/content/download/216992/file/affidavit-military-service.pdf. Cited for: SCRA affidavit requirement before default judgment.

13. Writ of Execution. flcourts.gov. https://www.flcourts.gov/content/download/217025/file/writ-of-execution.pdf. Cited for: post-judgment levy and execution process.

14. Writ of Garnishment. flcourts.gov. https://www.flcourts.gov/content/download/217022/file/writ-of-garnishment.pdf. Cited for: bank and wage garnishment forms and process.

15. Notice to Defendant of Garnishment. flcourts.gov. https://www.flcourts.gov/content/download/217020/file/notice-to-defendant-of-garnishment.pdf. Cited for: notice and exemption procedure for garnishment.

16. Claim of Exemption and Request for Hearing (Garnishment). flcourts.gov. https://www.flcourts.gov/content/download/217017/file/claim-of-exemption-garnishment.pdf. Cited for: debtor's exemption claim procedure.

17. Palm Beach County Clerk — Small Claims information. mypalmbeachclerk.com. https://www.mypalmbeachclerk.com/departments/courts/county-civil-court/small-claims. Cited for: filing fee amounts, sheriff service details, local practice.

18. Application for Determination of Civil Indigent Status. mypinellasclerk.org. https://www.mypinellasclerk.org/Portals/0/Forms/Forms%20Center/Civil/2400D.pdf. Cited for: fee waiver and indigency application example.

19. Florida Courts E-Filing Portal. myflcourtaccess.com. https://www.myflcourtaccess.com. Cited for: statewide e-filing portal and e-filing policies.

19. Frequently asked questions

What is the maximum amount you can sue for in Florida small claims court?

The maximum amount you can sue for in Florida small claims court is $8,000, not counting interest, costs, and attorney's fees. The cap was raised from $5,000 to $8,000 in 2020, so older guides may list the wrong number. If your claim is between $8,000.01 and $50,000, file in the regular County Court civil division. Over $50,000 goes to Circuit Court.

How much does it cost to file a small claims case in Florida?

It costs $55 to $300 to file a small claims case in Florida, depending on the amount claimed. The tiers are $55 for $0 to $100, $80 for $100.01 to $500, $175 for $500.01 to $2,500, and $300 for $2,500.01 to $8,000. Add about $10 for the Notice to Appear and service fees (around $40 for sheriff service). Counties may add small surcharges.

How long do I have to sue in Florida small claims?

You have 5 years to sue on a written contract in Florida, 4 years on an oral contract, 4 years for property damage, and 2 years for personal injury. Other deadlines vary: 4 years for fraud (from discovery), 2 years for defamation, 4 years for consumer protection claims under FDUTPA. See the table in Section 3 for the full list with statute citations.

Do I need a lawyer for Florida small claims court?

No, you do not need a lawyer for Florida small claims court. The process is designed for people without lawyers. Attorneys are allowed but not required, and Florida even allows businesses to be represented by a non-attorney officer or employee. For complex claims near the $8,000 cap, or for appeals to the Circuit Court, hiring a lawyer often makes sense.

Can a business sue or be sued in Florida small claims?

Yes, a business can sue or be sued in Florida small claims. Corporations and LLCs can appear through an officer, director, or authorized employee without a lawyer. The person appearing at the pretrial conference must have settlement authority. Sole proprietors sue under their own name plus their DBA. Always look up the exact registered name at Sunbiz.org before filing.

How do I serve the defendant in Florida?

To serve the defendant in Florida, you have six options: sheriff (about $40), certified mail through the clerk (about $8, in-state only), private process server (about $50 to $75), substitute service at the defendant's home, court-ordered alternate service after diligent search, and publication (last resort, about $150). Aim for service at least 7 days before the pretrial conference for in-county defendants.

How long does it take to get a hearing in Florida small claims?

It takes about 50 days to get a pretrial conference in Florida small claims, and the trial (if mediation fails) is typically set within 60 days after that. Florida courts target case disposition within about 95 days from filing. Compared to regular civil litigation, this is fast. Counties may vary slightly based on docket congestion.

What happens at a Florida small claims hearing?

At a Florida small claims hearing, you first attend a pretrial conference where the judge handles case management and usually refers the parties to free same-day mediation. If mediation fails, the case is set for trial within about 60 days. The trial is informal but uses the Florida Evidence Code. Hearsay is excluded unless an exception applies. Bring copies, witnesses, and a clear summary.

What if the defendant doesn't show up in Florida?

If the defendant doesn't show up in Florida after proper service, you can request a default judgment. File a Motion for Default with proof of service and an Affidavit of Military Service. For liquidated claims, the court can enter judgment without further hearing. For unliquidated claims (like accident damages), the judge holds a brief prove-up hearing where you testify to your losses.

What if I miss my Florida small claims hearing?

If you miss your Florida small claims hearing as the plaintiff, the case is usually dismissed for lack of prosecution, often without prejudice the first time. If you miss it as the defendant, the plaintiff can get a default judgment against you. You can move to set aside a default within one year under Florida Rule 1.540 by showing excusable neglect and a meritorious defense.

Can I appeal a Florida small claims judgment?

Yes, you can appeal a Florida small claims judgment to the Circuit Court appellate division within 30 days. The appeal is a record review, not a brand-new trial, so the appellate court reviews the transcript and exhibits. Consider a motion for rehearing or new trial within 10 days first, which is cheaper. An appeal bond is needed to stop collection during the appeal.

How do I collect a Florida small claims judgment?

To collect a Florida small claims judgment, wait the 30-day appeal window, then record a certified copy of the judgment in the county Official Records to lien real property, get a Writ of Execution to levy non-exempt assets, file a Writ of Garnishment for wages or bank accounts, and have the debtor complete a Fact Information Sheet. Florida exemptions are generous, so collection takes work.

Can I garnish wages in Florida?

You can garnish wages in Florida up to 25% of disposable earnings under federal law, but Florida's head-of-family exemption (Fla. Stat. §222.11) protects most consumer debtors. If the debtor provides more than half the support of a dependent and earns $750 per week or less in net wages, their wages are fully exempt. Wages over $750 are also exempt unless the debtor signed a written waiver.

How long is a Florida small claims judgment valid?

A Florida small claims judgment is valid for 20 years under Fla. Stat. §95.11(1). A recorded real-property judgment lien lasts 10 years and can be re-recorded once for another 10 years. Florida does not require periodic court "renewal" of the judgment itself. You have two decades to collect, which is one of the longer windows nationally.

Can I sue a city or government agency in Florida small claims?

Yes, you can sue a city or government agency in Florida small claims, but you must follow the sovereign immunity rules in Fla. Stat. §768.28. Send written notice to the agency and to the Florida Department of Financial Services, Division of Risk Management, within 3 years of the incident. Wait 6 months before filing. Recovery is capped at $200,000 per person and $300,000 per incident.

Do I have to send a demand letter before filing in Florida?

No, you do not have to send a demand letter for most claims in Florida, but it's strongly recommended. Some claim types require pre-suit notice by statute: bad checks (30 days under Fla. Stat. §68.065), civil theft (30 days under Fla. Stat. §772.11), and minimum-wage claims (15 days under Fla. Stat. §448.110). Skipping required notice forfeits statutory multipliers or the whole claim.

Can I file Florida small claims online?

Yes, you can file Florida small claims online through the Florida Courts E-Filing Portal at myflcourtaccess.com. Create an account, upload your Statement of Claim and Civil Cover Sheet as PDFs, select your county, and pay by credit card (a convenience fee may apply). The clerk processes e-filings within a few business days. Most Florida counties also accept in-person, mail, and drop-box filings.

Does Florida small claims have a jury?

Yes, Florida small claims has a jury available if a party timely demands one and pays the jury fee. Most small claims cases are bench trials before a county court judge because jury trials add cost and time. To preserve the right, you must demand a jury in writing before the deadline set in the Florida Small Claims Rules.

What's the Florida security deposit penalty?

Florida's security deposit rules under Fla. Stat. §83.49 require a landlord to return the deposit within 15 days after the tenant moves out (or send a written notice of intent to claim within 30 days). If the landlord fails to comply, the tenant can recover the deposit plus court costs and attorney's fees, but Florida doesn't impose a fixed multiplier like some states (e.g., Texas's three times). Security deposit claims fit comfortably within the $8,000 small claims cap.

20. When to call a lawyer (and disclaimer)

This guide is enough for most routine cases: a returned check, an unpaid invoice under $8,000, a withheld security deposit, a fender-bender with clear damages, a small breach of contract. Florida small claims is built for people without lawyers, and pro se filers win cases every day.

Consider hiring a lawyer when (1) your claim is near the $8,000 cap and a higher-court filing might recover more, (2) the statute of limitations is unclear or you might be past the deadline, (3) you are suing a government agency under Fla. Stat. §768.28, (4) the defendant has counsel and you are facing a sophisticated defense, (5) you are appealing to the Circuit Court appellate division, or (6) collection looks hard because of homestead, retirement, or head-of-family wage exemptions.

For low-cost legal help in Florida, contact The Florida Bar Lawyer Referral Service (floridabar.org), your local legal aid organization (search "Florida Legal Services" or your county's legal aid), or a law school clinic at one of Florida's accredited law schools. Many offer free consultations or sliding-scale fees.

This page is general legal information, not legal advice. Reading it does not create an attorney-client relationship. Florida law and county practices change. Verify current rules with the Florida Courts website, your county clerk, or a licensed Florida attorney before acting on anything here.

This guide is general information about Florida small-claims procedure, not legal advice. CivilCase is not a law firm and does not represent you. Consult a licensed attorney in Florida for advice about your specific situation.