Introduction
Small claims court in Florida offers an accessible and cost-effective way to resolve disputes involving minor monetary amounts. Whether it’s recovering unpaid debts, addressing property damage, or dealing with contract disputes, Florida’s small claims court provides a streamlined process for individuals and businesses to seek justice.
This guide explains the small claims court system in Florida, including eligibility criteria, filing procedures, and tips for presenting your case effectively.
1. What Is Small Claims Court in Florida?
Small claims court in Florida is a division of the county court that handles civil disputes with limited monetary values.
- Monetary Limit: Claims must not exceed $8,000, excluding court costs, interest, and attorney fees.
- Jurisdiction: The case must involve a defendant who resides, does business, or owns property in Florida.
2. Types of Cases Handled
Small claims court in Florida typically resolves:
- Unpaid loans or debts.
- Property damage claims.
- Breach of contract disputes.
- Landlord-tenant disagreements (e.g., unreturned security deposits).
3. Who Can File a Small Claims Case in Florida?
Any individual or business can file a small claims case if:
- The claim does not exceed the monetary limit.
- The plaintiff is at least 18 years old (or represented by a guardian).
4. How to File a Case in Florida Small Claims Court
Step 1: Gather Information
- Identify the Defendant: Obtain the legal name and address of the individual or business you are suing.
- Compile Evidence: Gather receipts, contracts, photos, emails, or other supporting documents.
Step 2: Obtain and Complete the Required Forms
- Visit the Clerk of Court in your county or their website to access forms.
- The primary form is the Statement of Claim, which outlines the nature of the dispute and the amount being claimed.
Step 3: File the Claim
- Submit the completed form to the county court where the defendant resides or where the dispute occurred.
- Pay the filing fee, which is based on the claim amount:
- $55.00 for claims up to $500.
- $80.00 for claims $501–$2,500.
- $175.00 for claims $2,501–$8,000.
Step 4: Serve the Defendant
- Notify the defendant by serving them a copy of the claim. This can be done via:
- Certified Mail: Costing approximately $10–$15, available for certain claims.
- Sheriff’s Office or Process Server: Fees range from $40–$75.
5. Preparing for the Hearing
Organize Your Case
- Arrange evidence in chronological order.
- Prepare a concise explanation of the dispute, focusing on facts.
Bring Witnesses
- If applicable, bring witnesses who can testify to support your claim.
Practice Your Presentation
- Anticipate the defendant’s arguments and rehearse your responses.
6. What to Expect During the Hearing
- Opening Statements: The plaintiff (you) presents your case first.
- Evidence Submission: Submit documents, photos, and other materials to support your claim.
- Defendant’s Turn: The defendant will present their side of the case.
- Judge’s Questions: Be prepared to answer questions for clarification.
- Ruling: The judge may issue a decision immediately or notify both parties later.
7. Collecting a Judgment
If the court rules in your favor, the defendant is required to pay the judgment. If they fail to comply, you may need to take enforcement actions:
- Wage Garnishment: Request the court to deduct payments directly from the defendant’s paycheck.
- Property Lien: File a lien against the defendant’s property.
8. Frequently Asked Questions
1. How much does it cost to file a small claims case in Florida?
Filing fees range from $55 to $175, depending on the claim amount.
2. Can I file a claim online in Florida?
Some counties offer online filing for small claims. Check with your local Clerk of Court.
3. Do I need a lawyer for small claims court in Florida?
No, small claims court is designed for self-representation, though legal advice can be helpful.
4. What happens if the defendant doesn’t show up?
If the defendant fails to appear, the court may issue a default judgment in your favor.
5. How long does it take to resolve a small claims case?
Most cases are resolved within 30–90 days, depending on court schedules.
6. Can businesses file a small claims case in Florida?
Yes, businesses can file claims as long as the monetary limit and other requirements are met.
9. Conclusion
Florida’s small claims court system provides an accessible way to resolve disputes involving smaller amounts of money. By understanding the filing process, preparing your case thoroughly, and adhering to court rules, you can confidently seek justice and resolution.