How to Respond to a Small Claims Case in Florida as the Defendant

Getting served with small claims court papers feels like a gut punch, especially when you weren't expecting it. A contractor you hired, a former tenant, a customer — suddenly they've filed a claim, and you have a court date staring back at you from the paperwork.

What You Actually Need to Do After Being Served

Here's the first thing most people get wrong: Florida small claims court doesn't work like regular civil court. Under Florida Small Claims Rule 7.090(c), you generally do not need to file a written answer unless the court orders one. That 20-day written response deadline people talk about? That's for general civil lawsuits, not small claims.

Your key mandatory obligation is showing up to the Pretrial Conference — the date printed on your summons (Form 7.322). The clerk schedules it within 50 days of when the plaintiff filed the case.

Miss that date, and the plaintiff is entitled to a default entered by the judge or clerk, establishing liability without your defense being heard. Before entering judgment, the judge must receive evidence establishing damages and enter judgment in accordance with the evidence and law.

Your Four Response Options

When you arrive at the Pretrial Conference, you have four paths forward:

Dispute the claim. Verbally deny what the plaintiff is alleging. The court will send both of you to mandatory mediation, and if that doesn't resolve things, a trial date gets set within 60 days.

Admit and request a payment plan. If you owe the money but can't pay it all at once, you can acknowledge the debt and ask the judge to set up installment payments under Rule 7.210.

Settle before the hearing. You can negotiate directly with the plaintiff before the court date. If you reach an agreement, put it in writing — both parties sign a settlement stipulation, which may be entered as a court order. A verbal handshake agreement does not cancel your court date.

File a counterclaim. If the plaintiff actually owes you money from the same situation, you can file a written counterclaim. It must be filed at least 5 days before the Pretrial Conference under Rule 7.100, unless the court designates another time. An untimely compulsory counterclaim is abandoned, permanently barring a later independent lawsuit over the same claim.

What to Bring With You

The Pretrial Conference is not the trial — you don't need witnesses yet. But bring organized copies of any documents related to the dispute: contracts, text messages, receipts, photos, bank records. Follow the three-copy rule: one for you, one for the judge, one for the other party.

If the case doesn't settle at mediation, you'll have time before trial to prepare your full evidence package.

When You Can't Attend in Person

Rule 7.090(a) allows appearance through communication technology under Rule 2.530 when authorized by the court. Check your summons or the assigned court's current instructions to find out whether remote appearance is available.

If you need more time, you can request a continuance under Rule 7.130(a), which requires good cause. The motion may be oral unless the court requires it in writing. Calling the clerk or sending an email does not automatically postpone anything; the court must grant the continuance.

What Happens if You Ignore the Papers

Ignoring a small claims summons doesn't make it go away. Under Rule 7.170(a), if you don't show up to the Pretrial Conference, the plaintiff is entitled to a default entered by the judge or clerk — establishing your liability as a matter of law. Before entering judgment, the judge must receive evidence establishing damages and enter judgment in accordance with the evidence and law.

To seek relief from a default, file under Small Claims Rule 7.190(b). You generally must show excusable neglect, a meritorious defense, and due diligence; a motion based on excusable neglect must be filed within a reasonable time and no more than one year after judgment. It's far easier to just show up.

Get the Full Response Roadmap

The Florida Small Claims Response Guide walks through every step from reading your summons to preparing for the hearing — including deadline calculators, a response strategy planner, and a mediation prep worksheet. It covers the entire defendant process so nothing catches you off guard.

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