Small Claims Court in Florida
Everything you need to know about filing a small claims case in Florida
Last updated: April 2026 | Reading time: ~5 minutes
⚠ Disclaimer: This page provides general legal information about small claims court in Florida. It is not legal advice and does not create an attorney-client relationship. Laws change frequently. For advice specific to your situation, consult a licensed attorney in Florida.
Where to File in Florida
File in the County Court in the county where the defendant lives or where the incident occurred.
The court that handles small claims in Florida is the County Court — Small Claims Division. You generally file in the judicial district or county where the defendant resides, where the defendant does business, or where the events giving rise to the claim occurred. If you are unsure which court has jurisdiction, contact the court clerk's office for guidance.
Statute of Limitations in Florida
The statute of limitations is the deadline by which you must file your lawsuit. If you miss this deadline, your case will almost certainly be dismissed regardless of its merits. In Florida, the key deadlines are:
5 years (written contracts), 4 years (oral contracts), 4 years (property damage, negligence)
These time limits begin running from the date the breach or injury occurred, or in some cases, from the date you discovered (or should have discovered) the harm. If you are close to any of these deadlines, file your case as soon as possible to preserve your rights.
Florida Small Claims Rules & Procedures
Florida small claims court handles disputes up to $8,000. Cases are heard in the County Court's Small Claims Division. Attorneys are permitted, and corporations must be represented by an attorney in some counties.
Florida has a unique pre-trial mediation requirement — before your case goes to trial, the court will schedule a mediation session where a neutral mediator tries to help both parties reach a settlement. Many cases are resolved at mediation without ever going to trial. If mediation fails, the case proceeds to a formal hearing before a judge.
To file, submit a Statement of Claim at the County Court clerk's office. Filing fees vary based on the amount claimed: typically $55 for claims up to $500, $170 for claims $501-$2,500, $300 for claims $2,501-$8,000. The defendant must be formally served — Florida allows service by the Sheriff's Office, a certified process server, or certified mail.
Florida requires the plaintiff to provide the defendant with a written demand at least 30 days before filing a claim under the Florida Consumer Collection Practices Act. For security deposit disputes, Florida Statute 83.49 requires landlords to return deposits within 15-60 days depending on whether deductions are made.
Either party may appeal to the Circuit Court within 30 days of the judgment.
Key Florida statutes: Florida Small Claims Rules 7.010-7.350 govern proceedings. The Florida Deceptive and Unfair Trade Practices Act (FDUTPA, Sections 501.201-501.213) provides consumer protections.
How to File a Small Claims Case in Florida
Filing a small claims case in Florida follows these general steps:
- Send a demand letter — Before filing, send a written demand letter to the defendant requesting payment. This shows the court you attempted to resolve the matter. Keep a copy and proof of delivery.
- Gather your evidence — Collect all contracts, receipts, photos, correspondence, and other documents that support your claim. Organize them chronologically.
- Complete the filing forms — Visit your local County Court — Small Claims Division clerk's office or check their website for the required forms. Fill out the complaint form with the defendant's full legal name, address, the amount claimed, and a description of your case.
- Pay the filing fee — Filing fees in Florida range from $55 – $300. If you cannot afford the fee, ask the clerk about a fee waiver application.
- Serve the defendant — The defendant must receive official notice of the lawsuit. Follow Florida's specific service requirements carefully — improper service can delay or dismiss your case.
- Attend the hearing — Arrive early, dress appropriately, and bring three copies of all evidence (for the judge, the defendant, and yourself).
Preparing for Your Hearing in Florida
To maximize your chances of success:
- Practice explaining your case in 2-3 minutes — judges appreciate brevity and clarity
- Present evidence in a logical order, with a brief index or summary sheet
- Prepare to answer the judge's questions calmly and factually
- Anticipate the defendant's arguments and have responses ready
- If you have witnesses, confirm they will attend and brief them on what to expect
- Know the exact amount you are requesting and how you calculated it
- Be respectful to the judge, court staff, and the opposing party at all times
Ready to File Your Florida Small Claims Case?
GetSmallClaims prepares your complete filing package with Florida-specific documents, legal citations, and step-by-step filing instructions.
Start My Florida Case⚠ Disclaimer: This is general legal information, not legal advice. It does not create an attorney-client relationship. Laws vary by jurisdiction and change over time. Consult a licensed attorney in Florida for advice specific to your situation.