Florida Small Claims Court: $8,000 Filing Guide 2026

Florida Small Claims Court at a Glance

By Ziv Shay — Last updated May 22, 2026

Florida small claims court handles money disputes up to $8,000 (excluding costs, interest, and attorney's fees). Cases are filed in the county court of the county where the defendant lives, where the cause of action accrued, or where the property in dispute is located. Filing fees run from $55 to $300 depending on claim amount, and most cases reach a pretrial conference within 50 days of filing under Florida Small Claims Rule 7.090.

What Florida Small Claims Court Can and Cannot Handle

Florida Rule 7.010 limits small claims jurisdiction to civil money disputes of $8,000 or less. Typical cases include:

• Security deposit disputes — Florida landlords have 15 days to return a deposit (30 days if they claim deductions). Tenants recover triple damages plus attorney's fees under §83.49(3)(a) when landlords violate the statute.
• Unpaid invoices — Contractors, freelancers, and service businesses chasing payments under $8,000.
• Auto accident damage — Property damage claims when insurance won't fully cover repairs (PIP and bodily injury go elsewhere).
• Defective goods or services — Furniture, appliances, contractor work, vehicle repairs.
• Personal loans between friends or family with documented terms.

Small claims cannot handle: divorces, custody, name changes, evictions (which use county civil court but a different track), defamation/libel, or claims against the state of Florida (sovereign immunity rules apply). For claims above $8,000 but at or below $50,000, file in county civil court using regular civil rules. For tenant evictions specifically, see our Florida eviction guide.

Step 1: Confirm Jurisdiction and Statute of Limitations

Florida applies different limitation periods by claim type under §95.11:

• 5 years — Written contracts, mortgages, judgments
• 4 years — Oral contracts, negligence, property damage, fraud (from discovery)
• 2 years — Unpaid wages, professional malpractice, libel/slander
• 1 year — Specific performance of contracts

The clock starts on the date of breach or injury, not the date you discovered it (except for fraud). File before that window closes or the defendant can move to dismiss with prejudice — meaning you can never refile.

Step 2: Send a Demand Letter (Strongly Recommended)

Florida does not require a pre-suit demand letter for most small claims, but sending one resolves roughly 40% of disputes without filing. The letter should be specific, dated, and sent by certified mail with return receipt requested. Include:

• Exact amount owed and what it covers
• Itemized breakdown (dates, invoice numbers, damages)
• A 10–14 day deadline to pay or respond
• Notice that you will file in small claims court if unpaid

For security deposit cases, §83.49(3)(a) requires the landlord to send a written notice of intent to impose a claim within 30 days. If they fail, they forfeit the right to keep any portion. Use our free demand letter template to draft yours in under five minutes.

Step 3: File Your Statement of Claim

File in the county court where:

1. The defendant resides, OR
2. The cause of action accrued (where the contract was breached, accident occurred), OR
3. The property in dispute is located

Use Florida Supreme Court Approved Form 7.330 — "Statement of Claim." You can file in person, by mail, or electronically through the state's eFiling Portal. The clerk assigns a case number, issues a summons, and schedules a pretrial conference within 50 days.

If you cannot afford the filing fee, request a fee waiver using the Application for Determination of Civil Indigent Status. Approval requires household income below 200% of the federal poverty level — roughly $30,120 for a single person or $62,400 for a family of four in 2026.

Step 4: Serve the Defendant

Florida Rule 7.070 requires formal service of process. You cannot just mail a copy yourself. Options:

• County sheriff — ~$40 per defendant, slowest (2–4 weeks)
• Certified private process server — $50–$75, faster (3–7 days), works evenings and weekends
• Certified mail with return receipt — Allowed for some claims under Rule 7.070(b); cheapest at ~$10, but only valid if the defendant signs the green card themselves

If the defendant evades service after diligent attempts, you can request service by publication — running a notice in a local newspaper for four consecutive weeks under §49.011. This is the last resort and costs $200–$500.

Step 5: Attend the Pretrial Conference

Within 50 days, both parties appear before a judge or magistrate for a pretrial conference. Florida is one of the few states that requires this step. Three outcomes are common:

1. Settlement — Roughly 60% of Florida small claims settle at or before this conference. The court enters a consent judgment binding both sides.
2. Mediation referral — Free or low-cost mediation through the court's program. Required for most contested claims before trial.
3. Trial scheduling — If no settlement, the court sets a trial date typically 30–60 days later.

Failure to appear results in a default judgment against the absent party. Bring all documents, witnesses, and a one-page summary of your case.

Step 6: Prepare for Trial

Florida small claims trials are informal but follow basic evidence rules. The judge — not a jury, unless one was demanded in writing 10 days before trial — hears testimony and decides. Bring:

• Three copies of every document (yours, the judge's, the defendant's)
• Original contracts, invoices, photos, text messages, emails
• A printed timeline of events
• Witnesses with personal knowledge (no hearsay)
• Repair estimates or expert reports if damages are disputed

Trials usually last 30–60 minutes. You speak first as the plaintiff, present evidence, call witnesses. The defendant responds. The judge often rules from the bench the same day, though written orders may arrive 1–2 weeks later.

Step 7: Collect Your Judgment

Winning is only half the battle — Florida collection rates hover around 40% without active enforcement. Tools available:

• Writ of garnishment — Garnish bank accounts or wages. Florida exempts head-of-household wages entirely under §222.11, so consumer cases often hit a wall here.
• Judgment lien certificate — File with the Department of State for $20, attaching to all of the debtor's personal property statewide for 5 years (renewable once).
• Certified copy recorded in county records — Creates a lien on real estate in that county for 10 years.
• Debtor's examination — Court-ordered hearing where the debtor must disclose assets under oath.

Florida judgments accrue interest at the statutory rate set quarterly by the CFO — currently 7.74% in Q2 2026. See our judgment collection guide for state-specific tactics.

Filing Fees by Claim Amount

The prevailing party can recover filing and service costs from the loser by filing a Motion to Tax Costs within 30 days of judgment.

Florida vs. Neighboring States

Florida's $8,000 cap sits between Georgia ($15,000) and Alabama ($6,000). Among the four largest states, only New York ($10,000) and Texas ($20,000) are higher; California sits at $12,500 for individuals. If your claim exceeds $8,000 but is under $50,000, file in Florida county civil court using regular civil procedure rules — expect 6–12 months and roughly $400 in filing fees.

Common Mistakes That Lose Cases

• Suing the wrong entity — A sole proprietor sues "Joe's Plumbing" instead of "Joseph Smith d/b/a Joe's Plumbing." Confirm legal name via Florida's Sunbiz registry.
• Missing the statute of limitations by even one day
• Not bringing original documents — Photocopies are inadmissible if the original is disputed
• Hearsay testimony — "My neighbor told me he saw…" is excluded
• Talking over the judge — Florida magistrates are strict about courtroom etiquette

Frequently Asked Questions

This content is for informational purposes only and does not constitute legal advice. Consult a licensed Florida attorney for advice on your specific situation.