Florida Small Claims Court Attorney Fees

The General Rule: Each Side Pays Their Own

Florida follows the "American Rule" — each party in a lawsuit pays their own attorney fees unless a statute or contract says otherwise. In small claims court, most defendants represent themselves precisely because hiring a lawyer for a case under $8,000 is rarely cost-effective. Private attorney hourly rates in Florida range from $250 to $450, which can quickly exceed the amount at stake.

But attorney fees do get awarded in certain small claims cases. Understanding when helps you assess the real financial risk of your case.

Contractual Attorney Fee Provisions

Many written contracts include a clause that says the prevailing party in any legal dispute is entitled to recover reasonable attorney fees. If the plaintiff's claim is based on a contract with this language, the winner of the case can ask the court to order the loser to pay their legal costs.

Under Section 57.105(7) of the Florida Statutes, Florida has a reciprocity provision: if a contract allows one party to recover attorney fees, the court treats that entitlement as mutual. Even if the contract says only the landlord (or only the lender, or only the contractor) can recover fees, the defendant gets the same right if they prevail.

This matters in both directions. If the plaintiff has a lawyer and wins, you could owe their attorney fees on top of the judgment. If you hire a lawyer and win, you may be entitled to recover your fees from the plaintiff. Either way, attorney fees are excluded from the $8,000 small claims jurisdictional cap — a $6,000 claim with $3,000 in attorney fees does not push the case out of small claims.

Statutory Attorney Fee Awards

Certain Florida statutes independently authorize attorney fees regardless of what the contract says. Common examples in small claims cases:

• Security deposit disputes (Section 83.49): If a landlord wrongfully withholds a security deposit, the tenant can recover attorney fees. Conversely, if the landlord prevails in a bad-faith claim, fees can be awarded to the landlord.
• Deceptive trade practices (Section 501.2105): Under the Florida Deceptive and Unfair Trade Practices Act, a prevailing plaintiff can recover fees. Defendants who successfully defend against a frivolous FDUTPA claim may also be entitled to fees.
• Section 57.105 sanctions: If either party or their attorney raises a claim or defense that was not supported by material facts or existing law, the court can assess fees against the losing side as a sanction.

How Attorney Fees Are Calculated

When a court awards attorney fees, the amount is not automatic. The winning party must file a motion for attorney fees, usually within 30 days of the final judgment. The court evaluates the "reasonable" fee using the lodestar method:

1. Determine the reasonable number of hours spent on the case
2. Multiply by a reasonable hourly rate for the attorney's experience and the local market
3. Adjust for complexity, results obtained, and other factors

The judge can (and often does) reduce a requested fee amount if the hours seem excessive for a small claims case. A lawyer who bills 40 hours on a $3,000 security deposit dispute will likely see that number cut significantly.

What This Means for Defendants

If the plaintiff's claim is based on a contract with an attorney fee provision, the financial stakes are higher than the face amount of the claim. Losing could mean paying both the judgment and the plaintiff's legal costs. That said, the reciprocity rule works in your favor too — winning means you could recover your own attorney fees if you hired one.

If you are representing yourself, you cannot recover attorney fees for your own time even if you win. You may still face an award of the opposing party's fees if a statute or contract authorizes them and the court awards them.

For a complete walkthrough of how to respond to a Florida small claims case, including understanding the financial implications, the Florida Small Claims Response Guide covers the entire defendant process.

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