Filing Small Claims in Florida: What You Need to Know


1. What Is the Small Claims Court Limit in Florida?

The maximum claim amount in Florida’s Small Claims Court is $8,000, excluding court costs, interest, and attorney’s fees. Claims above this limit must be filed in the County Court or Circuit Court, depending on the amount.


2. Types of Cases Handled in Florida Small Claims Court

Eligible Cases

  • Unpaid Debts: Loans, unpaid invoices, or wages.
  • Property Damage: Car accidents, vandalism, or negligence.
  • Breach of Contract: Disputes over unfulfilled agreements.
  • Landlord/Tenant Disputes: Security deposits or minor repairs.

Excluded Cases

  • Claims exceeding $8,000.
  • Family law matters (e.g., divorce, custody).
  • Cases requiring injunctive relief or involving real estate ownership.

3. Steps to File a Small Claim in Florida

Step 1: Determine Jurisdiction

  • File your claim in the county where the defendant resides, works, or where the incident occurred.

Step 2: Complete the Statement of Claim Form

  • Obtain the form from the Clerk of Court’s Office or the county court’s website.
  • Provide:
    • Your name and contact information.
    • Defendant’s name and address.
    • A description of the claim and the amount sought.

Step 3: File Your Claim

  • Submit the completed form to the Clerk of Court and pay the filing fee:
Claim AmountFiling Fee
Up to $100$55
$101–$500$80
$501–$2,500$175
$2,501–$8,000$300

Step 4: Serve the Defendant

  • Notify the defendant by serving a copy of the claim. Approved methods include:
    • Certified Mail.
    • Sheriff’s Office or a process server.

Step 5: Attend the Pretrial Hearing

  • Both parties are required to attend a pretrial conference.
  • If no settlement is reached, the case proceeds to trial.

4. Costs Associated with Small Claims Court in Florida

ServiceEstimated Cost
Filing Fee$55–$300
Service Fee (Sheriff)$40–$60
Certified Mail Fee$7–$15

5. Benefits of Small Claims Court in Florida

  • Affordable: Low filing fees and no need for an attorney.
  • Fast Resolution: Cases are typically resolved within 1–3 months.
  • Simple Process: Designed for self-representation with user-friendly procedures.

6. Frequently Asked Questions (FAQs)

1. Can businesses file claims in Florida Small Claims Court?
Yes, businesses can file claims as long as the amount is $8,000 or less.

2. Can I have a lawyer represent me in Small Claims Court?
In Florida, attorneys are allowed but not required in Small Claims Court.

3. What happens if the defendant doesn’t appear?
The court may issue a default judgment in your favor.

4. Can I appeal a Small Claims Court decision?
Yes, appeals must be filed within 30 days of the judgment.

5. How long do I have to file a claim?
The statute of limitations varies by case type:

  • Written Contracts: 5 years.
  • Oral Contracts: 4 years.
  • Property Damage: 4 years.

7. Conclusion

The Small Claims Court limit in Florida is $8,000, making it an accessible option for resolving minor disputes. By understanding the claim process, eligibility, and costs, you can confidently navigate the system and seek a fair resolution. For more details, visit the Florida Courts website or contact your local Clerk of Court.