Florida Small Claims Court Unpaid Invoice: How to Sue for Payment
You finished the work, sent the invoice, followed up twice, and heard nothing. For freelancers, contractors, and small business owners in Florida, an unpaid invoice under $8,000 is exactly what small claims court was built for — a simplified County Court process where you can recover what you are owed without hiring an attorney.
Before You File: The Demand Letter
Florida does not require a pre-suit demand for most debt collection claims, but sending one is still the strongest opening move. A written demand creates evidence that you attempted resolution, and many debtors pay once they see a letter referencing court action.
Your demand letter should include the invoice number and date, the exact amount owed, a summary of the work performed or goods delivered, a deadline to pay (10–14 days), and a clear statement that you will file in small claims court if the deadline passes. Send it by certified mail with return receipt requested so you have proof it was delivered.
Identifying the Defendant
If your client is a business, you must sue the correct legal entity — not just the trade name on their website. Search Sunbiz (Florida Division of Corporations) to find the entity's exact registered name, its status (active or inactive), and the registered agent's name and address. You will need the registered agent for service of process.
A common mistake: suing "ABC Design Studio" when the legal entity is "Jane Smith LLC d/b/a ABC Design Studio." Name the LLC on your Statement of Claim, or the judgment may be unenforceable.
Filing the Claim
Use Form 7.332 (Statement of Claim — Work Done and Materials Furnished) if your dispute involves completed labour or materials. For general debt from services rendered, Form 7.322 (General Statement of Claim) works. Attach copies of the contract or written agreement, the unpaid invoice, any proof of delivery or completed work (emails confirming receipt, signed delivery receipts, progress photos), and your demand letter with the certified mail receipt.
File in the county where the debtor's business is located or where the work was performed. Statewide base filing fees run from $55 for claims under $100 to $175 for claims between $2,501 and $8,000; county schedules can list filing charges as high as $300. Add $10 per summons and $40 for sheriff service.
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Proving Your Case
Judges want documentation, not stories. The strongest unpaid-invoice cases come with:
- A signed contract or written agreement — even a chain of emails confirming the scope and price counts
- The invoice itself — with dates, line items, and the total
- Proof the work was completed — photos, delivery confirmations, client sign-offs, or emails acknowledging receipt
- Follow-up communications — every text, email, or voicemail where you asked for payment and got excuses or silence
- Your demand letter — with the certified mail green card showing delivery
If there was no written contract, gather whatever written communication exists. Text messages where the client approved the price or acknowledged the work are powerful evidence in small claims court.
What Happens at the Hearing
The pretrial conference comes first — a court-scheduled mediation session within 50 days of filing. Many unpaid-invoice disputes settle here because the evidence is usually straightforward. If the debtor has no defence beyond "I haven't paid yet," mediation often produces a payment agreement.
If mediation fails, the case goes to trial. Present your evidence in chronological order: the agreement, the work performed, the invoice, your follow-ups, and the demand letter. Keep it factual and concise.
The Full Filing Process
The complete step-by-step procedure for filing a small claims case in Florida — including a fee worksheet, Sunbiz lookup guide, and service tracking log — is in the Florida Small Claims Filing Guide.
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