1. What Is a Small Claim in Florida?
A small claim in Florida is a legal process used to resolve minor disputes involving monetary damages of $8,000 or less, excluding court fees and interest. Small Claims Court is part of the Florida County Court system and is designed for simplicity, making it accessible for individuals and businesses without needing a lawyer.
2. Common Cases Handled in Florida Small Claims Court
- Unpaid debts or loans.
- Breach of contract disputes.
- Property damage claims (e.g., car accidents).
- Faulty goods or services.
- Landlord-tenant disputes (e.g., unreturned security deposits).
3. Monetary Limits for Florida Small Claims
- Maximum Claim Amount: $8,000 (excluding court costs and interest).
- Claims exceeding $8,000 must be filed in Civil Court.
4. Steps to File a Small Claim in Florida
Step 1: Attempt to Resolve the Dispute Informally
- Send a Demand Letter: Clearly explain the issue, amount owed, and a deadline for resolution (typically 7–14 days).
- Keep a copy of the letter as evidence of your efforts to resolve the dispute.
Step 2: Complete the Required Forms
Obtain the necessary forms from the Florida County Court Clerk’s Office or their official website. Common forms include:
- Statement of Claim Form: Details the nature of the dispute and amount sought.
- Summons/Notice to Appear Form: Notifies the defendant about the court date.
Step 3: File Your Claim
- Submit your completed forms at the County Clerk’s Office in the jurisdiction where the dispute occurred or where the defendant resides.
- Pay the Filing Fee: Filing fees are based on the claim amount:
| Claim Amount | Filing Fee |
|---|---|
| Up to $100 | $55 |
| $101–$500 | $80 |
| $501–$2,500 | $175 |
| $2,501–$8,000 | $300 |
Fee waivers may be available for individuals with financial hardship.
Step 4: Serve the Defendant
- Notify the defendant by serving them with court documents, using one of the approved methods:
- Certified Mail: Sent by the court clerk (available for in-state defendants only).
- Personal Service: Delivered by a sheriff or professional process server.
- File a Proof of Service with the court to confirm the defendant was notified.
Step 5: Attend the Pretrial Conference
- The court will schedule a pretrial conference to discuss the case and explore settlement options.
- Both parties must attend, or the court may dismiss the case (if the plaintiff is absent) or issue a default judgment (if the defendant is absent).
Step 6: Prepare for the Hearing (if necessary)
If the case is not resolved during the pretrial conference, it will proceed to a hearing.
- Gather Evidence: Organize contracts, receipts, invoices, photos, and correspondence to support your case.
- Arrange Witnesses: If applicable, bring witnesses who can testify on your behalf.
- Practice Your Argument: Be ready to explain your case clearly and concisely.
Step 7: Attend the Hearing
- Arrive early and present your case to the judge.
- Bring all necessary documents and evidence.
- The judge may issue a decision immediately or mail a written ruling later.
5. What Happens After the Hearing?
If You Win:
- The court will issue a judgment requiring the defendant to pay the amount awarded.
- If the defendant does not pay, you can enforce the judgment through:
- Wage garnishment.
- Bank account levies.
- Property liens.
If You Lose:
- You may be required to pay the defendant’s court costs if the judge deems your claim unreasonable.
6. Frequently Asked Questions
Q1: Can I file a claim online in Florida Small Claims Court?
Some counties offer e-filing options. Check with your local Clerk of Court for availability.
Q2: Do I need a lawyer for small claims court in Florida?
No, small claims court is designed for self-representation. However, consulting a lawyer for advice is optional.
Q3: What if the defendant doesn’t respond or appear?
The court may issue a default judgment in your favor if the defendant fails to respond or attend the hearing.
Q4: Can businesses file claims in Florida Small Claims Court?
Yes, businesses can file claims within the $8,000 monetary limit.
Q5: How long does it take to resolve a small claim in Florida?
Most cases are resolved within 1–3 months, depending on court schedules and case complexity.
7. Contact Information
Visit the Florida Courts website for county-specific resources, forms, and filing information.
8. Tips for Success in Florida Small Claims Court
- Stay Organized: Keep copies of all forms, documents, and correspondence.
- Be Professional: Present your case respectfully and focus on facts.
- Meet Deadlines: File and serve all documents on time.
- Consider Mediation: Many Florida courts offer mediation services to resolve disputes without a hearing.
- Understand Enforcement Options: Familiarize yourself with judgment enforcement processes in case the defendant does not pay.
9. Conclusion
Filing a small claim in Florida is a straightforward way to resolve minor disputes. By following the steps outlined above and preparing your case thoroughly, you can confidently navigate the small claims process and seek a fair resolution.