Small claims in Florida.
Florida's small claims court offers a streamlined process for resolving disputes up to $8,000, with flexible procedures designed for self-representation.
- Most you can sue for$8,000Same cap for individuals and businesses
- Filing fee$55–$300Varies by claim amount
- CourtCounty Court — Small Claims Division
- Lawyers at trialAllowedPermitted but not required
- Appeal window30 daysAppeal to Circuit Court
- Recent change—No major changes in the last 3 years
Find your situation.
Florida small claims handles money disputes up to $8,000 (or $8,000 if you're a business). Browse 7 categories and 39 specific claim types below.
Florida allows you 5 years to file a claim for breach of a written contract and 4 years for an oral contract. Ensure you have all relevant documents and evidence to support your claim.
Wrong court for these10 situations small claims can’t handle
Eviction (unlawful detainer)
Eviction cases are handled under a separate summary procedure and are not within the jurisdiction of small claims court.
Try instead: County Court — Eviction Division
Title to real estate
Disputes involving the title to real property exceed the jurisdiction of small claims court.
Try instead: Circuit Court
Defamation
Defamation cases often involve complex legal issues and damages exceeding small claims limits.
Try instead: Circuit Court
Malpractice
Professional malpractice claims require expert testimony and are beyond the scope of small claims court.
Try instead: Circuit Court
Family law and probate
Matters such as divorce, child custody, and probate are handled by specialized divisions of the court.
Try instead: Family Court or Probate Court
Federal claims
Claims against the federal government or involving federal law are outside the jurisdiction of state courts.
Try instead: Federal District Court
Class actions
Class action lawsuits are complex and exceed the procedural scope of small claims court.
Try instead: Circuit Court
Injunctions and specific performance
Small claims court cannot grant equitable relief such as injunctions or orders for specific performance.
Try instead: Circuit Court
Workers' compensation
Workers' compensation claims are handled by the Division of Workers' Compensation, not the courts.
Try instead: Florida Division of Workers' Compensation
Suing a deceased person
Claims against deceased individuals must be filed in probate court against the estate.
Try instead: Probate Court
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not required, sending a demand letter can often resolve disputes without court intervention and serves as evidence of your attempt to settle.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims, starting the clock when the fraud is discovered or should have been discovered.
File your case
File at the County Court — Small Claims Division. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing fees and reasonable service costs are added to the judgment.
E-filing in Florida: E-filing availability varies by county. Check with the local clerk's office for specific procedures.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 5 days before the hearing (in the same county) or 10 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Sheriff personal service. The sheriff personally delivers the summons and complaint to the defendant.
- Certified mail. The clerk sends the summons and complaint to the defendant via certified mail with return receipt requested.
- Private process server. A licensed private process server delivers the summons and complaint to the defendant.
File the proof of service (7.315) at least 3 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located after diligent search, service by publication may be permitted.
If the defendant is evading service, you may request the court to allow alternative methods of service.
Show up to the hearing
Bench trial with informal procedures, typically lasting 10-15 minutes per case.
Lawyers at trial: Allowed. Parties may be represented by attorneys, but it is not required.
When you’ll get the decision: On the spot or mailed within a few weeks
What to bring
- Originals of any contracts
- Receipts and bank records
- Photos and videos
- Names and contact info for witnesses
If the defendant doesn’t show up
If the defendant fails to appear at the pretrial conference, the court may enter a default judgment in favor of the plaintiff.
You still have to prove your case. Even if the defendant defaults, the plaintiff must provide evidence to support the claim before a judgment is entered.
If you’re the defendant being sued
Defendants are not required to file a written answer unless ordered by the court but must appear at the pretrial conference.
Counter-suing the plaintiff: Allowed using 7.335 (Statement of Counterclaim). Serve the plaintiff at least 5 days before trial (same county) or 10 days (out of county).
Counterclaim bigger than the cap? If a counterclaim exceeds the small claims jurisdictional limit, the case may be transferred to the appropriate court. Fla. R. Civ. P. 7.100(d)
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 30 days to pay. Judgments accrue 0% interest per year while unpaid.
Wage garnishment
Have a portion of the debtor's wages withheld until the judgment is paid.
How it works
File a writ of garnishment with the court, serve the employer, and the employer withholds a portion of the debtor's wages to satisfy the judgment.
Cost: $85 plus service fees
Notes: Effective if the debtor is employed and earns above the exemption threshold.
What’s protected:
- Head of family wages up to $750 per week are exempt
Bank account levy
Seize funds from the debtor's bank account to satisfy the judgment.
How it works
Obtain a writ of garnishment, serve it on the debtor's bank, and the bank freezes and turns over funds to satisfy the judgment.
Cost: $85 plus service fees
Notes: Effective if the debtor has sufficient funds in the account.
What’s protected:
- Social Security and other federal benefits are exempt
Property lien
Place a lien on the debtor's real property to secure the judgment.
How it works
Record a certified copy of the judgment with the county recorder to place a lien on the debtor's property.
Cost: $10–$50 recording fee
Notes: Effective if the debtor owns real property; lien must be satisfied before property can be sold or refinanced.
What’s protected:
- Homestead property may be exempt
Writ of execution
Seize and sell the debtor's non-exempt personal property to satisfy the judgment.
How it works
Obtain a writ of execution from the court, have the sheriff seize the debtor's property, and sell it at auction.
Cost: $85 plus sheriff's fees
Notes: Effective if the debtor owns valuable non-exempt personal property.
What’s protected:
- Personal property up to $1,000 is exempt
Multiple creditors? Priority rules.
Judgment liens are prioritized by the date of recording; earlier liens have higher priority.
Can you appeal if you lose?
either
- Deadline: 30 days from the judgment notice.
- Filing fee: $281.
- Form: 9.900(a) — Notice of Appeal.
- Type: Trial de novo — the case is heard fresh in the higher court.
The appeal is a new trial in the circuit court.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Default judgment? Different rules.
A default judgment cannot be appealed directly; the defendant must first file a motion to vacate.
Motion to vacate (Form 7.345): file within 10 days of the judgment notice. If you never received notice, you have up to 30 days.
If the motion is denied, you have 30 days to appeal the denial. If the motion to vacate is denied, the defendant may appeal the decision within 30 days.
Local rules that matter.
State law sets the rules. Each county handles small claims a little differently.
Miami-Dade
- E-filing availability: Miami-Dade County offers online filing through the Florida Courts E-Filing Portal.
Broward
- Pretrial conference requirements: Broward County requires mandatory mediation at the pretrial conference for claims over $5,000.
Why cases get dismissed.
Filing in the wrong venue
What goes wrong: Filing in the incorrect county can result in dismissal or transfer, causing delays and additional costs.
How to avoid it: Ensure you file in the county where the defendant resides or where the cause of action occurred.
Exceeding the monetary limit
What goes wrong: Claims exceeding $8,000 are outside small claims jurisdiction and may be dismissed.
How to avoid it: If your claim exceeds $8,000, consider waiving the excess or filing in a higher court.
Improper service of process
What goes wrong: Failure to serve the defendant correctly can delay the case or lead to dismissal.
How to avoid it: Follow Florida's rules for service of process, using authorized methods and ensuring timely service.
Missing the statute of limitations
What goes wrong: Filing after the statute of limitations expires results in automatic dismissal.
How to avoid it: Verify the applicable statute of limitations for your claim type and file within the allowed time frame.
Not bringing necessary evidence
What goes wrong: Lack of evidence can lead to losing the case, even if your claim is valid.
How to avoid it: Bring all relevant documents, receipts, contracts, and witness information to support your claim.
Ignoring counterclaims
What goes wrong: If the defendant files a counterclaim and you don't respond, you could lose by default.
How to avoid it: Address any counterclaims promptly and prepare your defense accordingly.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources21 citations and statutes
- Florida State Courts
- Florida Courts Help — Small Claims
- Filing a Small Claims Case (step-by-step)
- Fla. Stat. Chapter 34 (County Courts)Fla. Stat. Chapter 34
- Fla. Stat. § 34.01 (County Court jurisdiction — small claims)Fla. Stat. § 34.01
- Fla. Stat. Chapter 95 (Statute of limitations)Fla. Stat. Chapter 95
- Fla. Stat. Chapter 55 (Judgments)Fla. Stat. Chapter 55
- Florida Small Claims Rules
- Florida Rules of Civil Procedure
- Florida Courts Help — Small Claims Forms
- Florida Courts Help — Forms hub
- Florida court fees (clerk of court)
- Fla. Stat. Chapter 48 (Process and service)Fla. Stat. Chapter 48
- Fla. Stat. Chapter 26 (Circuit Court — appeals)Fla. Stat. Chapter 26
- Fla. Stat. Chapter 77 (Garnishment)Fla. Stat. Chapter 77
- Fla. Stat. Chapter 222 (Exemptions)Fla. Stat. Chapter 222
- Fla. Stat. Chapter 501 Part II (FDUTPA — Consumer Fraud)Fla. Stat. Chapter 501 Part II
- Fla. Stat. § 832.07 (Bad check civil penalty)Fla. Stat. § 832.07
- Fla. Stat. § 83.49 (Security deposit)Fla. Stat. § 83.49
- Fla. Stat. § 448.08 (Attorney's fees for unpaid wages)Fla. Stat. § 448.08
- Fla. Stat. § 55.03 (Judgment interest rate)Fla. Stat. § 55.03
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.