How to File a Counterclaim in Florida Small Claims Court

Someone sues you in small claims court, but the reality is they owe you money from the same situation. A contractor who walked off the job after you paid a deposit. A buyer who damaged the item before demanding a refund. Florida gives you a tool for this: the counterclaim.

The 5-Day Rule You Cannot Miss

Under Florida Small Claims Rule 7.100, a written counterclaim must be filed with the clerk and served on the plaintiff at least 5 days before the Pretrial Conference, unless the court designates another time. Not 5 business days — 5 calendar days, calculated under Rule 2.514 (exclude the trigger day; if the final day falls on a weekend or holiday, it extends to the next business day).

This deadline matters because of what happens if you miss it. If your claim arises from the same transaction or occurrence as the plaintiff's lawsuit (a "compulsory" counterclaim), Rule 7.100 says it is abandoned if you miss the deadline, permanently barring a later independent lawsuit over the same claim.

Permissive counterclaims — claims unrelated to the plaintiff's case — don't carry the same consequence. You can file one as a separate lawsuit, subject to the usual filing requirements and deadlines. But if it's connected to the same dispute, the 5-day deadline is a hard wall.

How to File

Draft a written counterclaim describing what the plaintiff owes you, the dollar amount, and the factual basis. There's no mandatory statewide counterclaim form — use a clear written document explaining your claim.

File it through the Florida Courts E-Filing Portal (myflcourtaccess.com) or deliver it directly to the clerk's office. You must also serve a copy on the plaintiff at least 5 days before the Pretrial Conference, unless the court designates another time.

Filing Fees

Counterclaims trigger standard clerk filing fees under Section 28.241 of the Florida Statutes:

If you can't afford the fee, you can file an Application for Determination of Civil Indigent Status under Section 57.082. The clerk evaluates your household income against 200% of the Federal Poverty Guidelines.

What Happens When Your Counterclaim Exceeds $8,000

Florida small claims jurisdiction caps at $8,000, excluding court costs, accrued interest, and statutory or contractual attorney fees. If your compulsory counterclaim exceeds that amount, the entire case gets transferred out of the small claims division under Rule 7.100(d).

There's a catch: you must deposit the transfer filing fee with the clerk when you file the counterclaim (or within whatever additional time the judge grants). If you don't pay the transfer fee, you waive the right to transfer. Your counterclaim either gets reduced to $8,000 or dismissed without prejudice.

Once transferred, the case moves to the general County Civil or Circuit Court track, and the formal Florida Rules of Civil Procedure replace the simplified small claims rules. Both parties may want attorneys at that point.

Compulsory vs. Permissive — How to Tell

Ask yourself: does my claim against the plaintiff grow out of the same transaction or set of facts? If a homeowner sues you (the contractor) for incomplete work, and you counter-sue for unpaid labor on that same project, that's compulsory. Same project, same facts.

If a neighbor sues you over a fence dispute, and you happen to have a separate, unrelated claim against them for a car loan they never repaid, that's permissive. Different transaction entirely.

The distinction matters because an untimely compulsory counterclaim is abandoned and permanently barred from a later independent lawsuit over the same claim. A permissive one can be filed separately, subject to the usual filing requirements and deadlines.

Plan Your Counterclaim Before the Deadline

The Florida Small Claims Response Guide includes a response strategy planner that walks you through the compulsory vs. permissive analysis, maps the 5-day filing deadline from your specific pretrial date, and covers the fee deposit requirements for over-limit claims.

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