Introduction
If you’re looking to learn how to file a small claims lawsuit in Florida, you’re in the right place.
Let’s say someone owes you money. Or maybe a company didn’t deliver what they promised. You’ve tried to fix it, but nothing worked. Now you just want to take the next step — without spending too much or hiring a lawyer.
That’s where small claims court comes in. It’s a simple, affordable way to settle minor disputes. In Florida, you can file a small claims case for up to $8,000 (not counting court costs or interest). You don’t need a lawyer. You don’t need legal training. You just need to know how the process works.
Here’s what this guide will walk you through:
- Who can file a small claims lawsuit in Florida
- What types of cases qualify
- How to prepare and fill out the forms
- What to expect during the hearing
- How to collect your judgment if you win
It’s not as complicated as it sounds. The process is faster and less formal than other courts. And for most cases, you can do it on your own.
This article will give you the steps — in plain, simple English — so you feel confident about handling it yourself.
Understanding Small Claims Cases In Florida
A small claims lawsuit is a legal option for people who want to settle a money dispute without needing a lawyer or going through a full court trial.
In Florida, small claims court is used for cases where the amount of money involved is $8,000 or less. This does not include filing fees, court costs, or interest.
What Types Of Cases Qualify?
You can use small claims court for many common issues, such as:
- Someone didn’t pay back a loan
- A landlord won’t return a security deposit
- A service wasn’t completed as promised
- You paid for something and never received it
- Property damage caused by someone else
If the issue involves money you lost or were supposed to receive, and the total is under $8,000, your case may qualify.
Rules That Apply To Small Claims In Florida
Florida uses a special set of rules just for small claims cases. These are called the Florida Small Claims Rules, and they include the Rules of Summary Procedure. These rules are designed to keep things simple and fast.
The process is less formal than regular court. There are fewer legal steps, and both sides can explain their side without needing legal training. A pre-trial conference is usually the first step, where the court encourages both sides to settle. If they don’t agree, the case moves to a final hearing.
What Is Not Covered by Small Claims
Some cases do not qualify for small claims court. For example:
- If you are asking for more than $8,000
- If your case involves divorce, eviction, or a court order to make someone do something
- If the issue is too complex for a short hearing
In those situations, you may need to file in county or circuit court instead.
Why Use Small Claims Court?
People choose small claims court because it’s:
- Simple to understand
- Faster than regular court
- Less expensive
- Designed for people without lawyers
It’s a good option if you want to solve a problem, tell your story, and ask for what you’re owed — all without a long, expensive legal battle.
Check Eligibility And Prepare Before Filing
Before you file your case, take a moment to make sure everything is ready. Small claims court in Florida has certain rules you need to follow. Preparing early can save you time and trouble later.
Make Sure Your Case Qualifies
First, check if your claim fits the basic rules:
- The amount you are asking for must be $8,000 or less (not counting court costs or interest)
- The type of problem must be something the court allows (like unpaid bills, broken agreements, or damaged property)
- The person or business you are suing must be in Florida — they either live, work, or do business here
If any of these don’t match, you may not be able to use small claims court.
Be Aware Of Time Limits
Every type of case has a time limit. This is called the statute of limitations. If you wait too long to file, the court may not accept your case — even if you’re right.
Some common time limits in Florida:
- Written contracts: 5 years
- Oral agreements: 4 years
- Property damage: 4 years
If you’re not sure about your deadline, check with the local clerk’s office or get help from a legal resource.
Gather Your Proof
You’ll need to show the court what happened. That means collecting everything that supports your side.
Helpful items include:
- A written contract or agreement
- Texts or emails that explain the problem
- Photos, videos, or receipts
- Repair bills or damage estimates
- Notes about when things happened
Bring copies — not just originals — so you can give one to the court and the other side.
Try To Settle First
Before going to court, try to solve the issue directly. This shows the judge that you gave the other person a fair chance to fix it.
You can:
- Send a demand letter — a short letter asking for payment or a solution
- Try calling, texting, or emailing to work things out
- Offer a payment plan or simple fix
If they ignore you or refuse to help, then it makes sense to move forward with a lawsuit.
Choose The Right Court Location
Florida courts want you to file in the correct venue. That usually means the county where:
- The person or business you’re suing is located
- The problem happened
- The contract was signed or broken
If you file in the wrong county, the court might reject your case or transfer it — and that can slow things down.
Filing Your Small Claims Lawsuit In Florida
Once you’ve confirmed your case is ready, it’s time to file. This part involves paperwork, fees, and choosing the right place to file your lawsuit.
Step-By-Step Filing Process
- Get the Right Form
Visit the clerk of court’s office in the county where your case should be filed. Ask for the “Statement of Claim” form. You can also check the county court website to download it online. - Fill Out the Form Carefully
The form will ask for:
- Your name and address (you are the plaintiff)
- The name and address of the person or business you’re suing (they are the defendant)
- A short explanation of what happened
- The amount of money you’re asking for
Write clearly. Keep your story simple and to the point.
- Pay the Filing Fee
The filing fee depends on the size of your claim. In most Florida counties:
- Claims up to $100 are the lowest fee
- Higher claims may cost up to $300
- Fees for service (delivering papers) are separate
You can usually pay by cash, card, or money order. Check the court’s website for updated costs.
Important Tips Before You File
- Use the correct legal name of the person or business you’re suing. For businesses, search their full legal name in state records if needed. Suing the wrong name can cause delays or case dismissal.
- Double-check the defendant’s address. If the court can’t reach them, the case can’t move forward.
- Keep copies of everything you submit. One copy goes to the court, one to the defendant, and one for you.
Where To File
Always file in the county court’s small claims division in the county that has legal ties to the case:
- Where the defendant lives or works
- Where the issue or deal happened
- Where property damage took place
If you’re unsure, the clerk’s office can help you find the right location.
Do You Need A Lawyer?
In most Florida small claims cases, you do not need a lawyer. The court is designed for everyday people. But if you feel unsure or your case is tricky, you can ask a lawyer for advice before filing — even if you don’t hire one to represent you.
Serving The Defendant And Pre-Trial Procedures
After you file your case, the next step is to let the other person know about it. This is called “service of process.” The court will not move forward until the defendant is officially notified.
How The Defendant Gets Served
Once your claim is filed, the court prepares a summons — a notice that tells the defendant they’re being sued and must show up in court.
The court will send the summons and your complaint using one of these methods:
- Certified mail — available in some counties for small claims
- Sheriff’s deputy — they personally hand the documents to the defendant
- Private process server — a licensed person hired to deliver court papers
Ask the clerk which option your county uses and how much it costs.
Why Service Of Process Matters
The court needs proof that the defendant received the papers. If they don’t, the case cannot continue.
If the defendant avoids being served or you give the wrong address, the process will stall. That’s why it’s important to list the correct, current contact information on your filing forms.
What Happens At The Pre-Trial Hearing
Once the defendant is served, the court will schedule a pre-trial hearing. This is usually the first time both sides appear in court.
At this hearing:
- The judge may ask basic questions about the case
- Both sides may be asked to attend mediation — a short meeting to try and settle the case without a full trial
- If no agreement is reached, the case will be set for a final hearing
The pre-trial is not about proving your case — it’s a chance to see if the issue can be solved quickly.
If The Defendant Doesn’t Show Up
Sometimes, the defendant doesn’t respond or show up to court. If that happens and they were properly served, you may be able to request a default judgment.
This means the court can decide in your favor because the other side didn’t participate. But you still may need to prove your claim is valid, even if the other person is absent.
The Trial Or Final Hearing And Getting A Judgment
If the case doesn’t settle during pre-trial, the court will set a date for the final hearing. This is your chance to explain what happened, show your proof, and ask the judge to make a decision.
What Happens At The Final Hearing
The hearing is held in a courtroom, but the setting is more relaxed than a full trial. There are no juries in small claims — just a judge.
You’ll get a chance to:
- Tell your side of the story
- Show documents, photos, receipts, or other proof
- Bring witnesses, if needed
The defendant also gets to speak, present their side, and ask questions.
Dress neatly. Bring organized papers. Be honest and stay calm. The judge is there to listen to both sides.
What The Judge Will Do
After hearing both sides, the judge will review the facts. They look at:
- What happened
- What proof each side gave
- Whether the law supports the claim
The judge then makes a decision. This is called the final judgment. It may happen right away, or the court may mail it later.
What If You Win
Winning your case means the court agrees the other side owes you money. But winning does not guarantee you’ll get paid right away.
The judge will give you a judgment — a legal order saying how much the defendant owes you. It’s your job to collect the money (more on that in the next section).
The court won’t collect it for you unless you take extra steps.
What If You Lose
If the judge rules against you, the case ends — unless you take further action.
Your options are limited:
- In most small claims cases, there’s no automatic right to appeal unless there was a legal error
- You may ask for a rehearing, but only in rare situations
- If new facts come up, you may be able to file again later — but only if the law allows it
Losing can be disappointing, but knowing what went wrong can help you if you ever go to court again.
After A Judgment — Collecting What You’re Owed
Winning in court is a big step, but it’s not the end of the process. The court may say the other side owes you money — but the court does not collect it for you. That part is up to you.
The Judgment Is Only The Beginning
A judgment is a legal decision that says you’re owed money. It does not mean the money will show up in your hands the next day. Some people pay on their own after the judgment. Others may not, and that’s when you have to take more action.
Ways To Collect The Money
If the defendant doesn’t pay, you can ask the court for help. Florida law gives you a few legal tools to collect:
- Lien on Property
You can place a lien on the defendant’s house or land. This won’t get you money right away, but they may have to pay if they sell the property later. - Writ of Execution
You can ask the court for a writ of execution, which lets the sheriff take and sell the defendant’s personal items — like a car or equipment — to pay your judgment. - Garnishment
In some cases, you can ask the court to take money directly from the defendant’s wages or bank account. This is called garnishment, and there are rules on what can and can’t be taken.
These steps may require extra paperwork, time, and sometimes another fee.
Before You File: Think About Collection
Before you even start your case, it’s smart to ask:
- Can the person pay if I win?
- Do they own anything of value?
- Have they skipped payments with others?
If the person has no job, no property, and no money in the bank, it might be hard to collect — even if you win. The judgment may not be worth the time and cost.
Keep All Your Paperwork
Always save:
- Your judgment papers
- Any proof that shows what’s still owed
- Copies of letters or payment attempts
This helps if you need to return to court or take collection steps later.
When To Talk To A Lawyer
Small claims cases usually don’t need an attorney, but collecting money can be different.
If the amount is large or the collection is complex, it might help to speak with a lawyer. Some will charge a fee, others may only take a percentage if they recover the money. You don’t have to hire one — but asking questions early can make the process smoother.
Conclusion
In summary, mastering how to file a small claims lawsuit in Florida means being prepared, knowing your rights, filing properly, serving the case, showing up, and then following through to collect.
The process is made for everyday people. You don’t need to be a legal expert. But you do need to take each step seriously:
- Check if your claim qualifies
- Get your evidence together
- Fill out the forms correctly
- Serve the defendant the right way
- Be ready for court
- Follow up on collection
If your case is strong and you’re organized, small claims court can be an easy and affordable way to solve your issue.
And if things get confusing at any step, don’t be afraid to ask the clerk’s office for guidance — or talk to a lawyer for advice. It’s your right to get the help you need.
Small claims court gives you the power to be heard — and to seek what’s fair.
Frequently Asked Questions
What If The Defendant Lives In Another County?
You usually file in the county where the issue happened or where the defendant lives or works. Ask the clerk if you’re not sure.
Can I Represent Myself In Small Claims Court?
Yes. Most people handle their own small claims cases in Florida. You don’t need a lawyer.
What If My Claim Is More Than $8,000?
If you’re asking for more than $8,000, you can’t use small claims court. You’ll need to file in county or circuit court instead.
How Long Does The Process Take?
Many cases finish in a few weeks to a couple of months. It depends on how busy the court is and whether the case goes to trial.
What Are My Costs?
You’ll pay a filing fee (based on how much you’re claiming) and a service fee to notify the other side. These are usually under $300 in total.
Common Mistakes To Avoid
- Filing in the wrong county — Your case can be delayed or dismissed.
- Not serving the defendant properly — If they aren’t legally notified, your case can’t move forward.
- Missing deadlines — Check the statute of limitations before you file.
- Lacking strong proof — Bring your evidence. Don’t rely on memory alone.
- Forgetting about collection — Winning is one thing. Getting paid is another.
Helpful tip:
“Make sure you’ve got everything lined up before you file.” That means paperwork, dates, names, and addresses.
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Disclaimer: This article is for general informational purposes only and does not provide legal advice. Laws and procedures may vary by county or change over time. For legal guidance specific to your situation, please consult a licensed attorney or contact your local clerk of court.
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