How to File Small Claims Court in Florida

Confirm Your Claim Fits Florida Small Claims Court

Florida small claims court handles civil disputes up to $8,000, not counting court costs, interest, or attorney fees. That limit went up from $5,000 on January 1, 2020, under Fla. Stat. § 34.01.

Before you file anything, check three things:

• The amount. Your total claim — the principal you're owed — must be $8,000 or less. If it's more, you'll need to file in general county court (up to $50,000) or circuit court, with more formal procedures and higher fees.
• The time limit. Florida's statutes of limitations set hard deadlines: 5 years for a written contract breach, 4 years for an oral contract, and — since HB 837 passed in March 2023 — just 2 years for negligence claims that happened on or after March 24, 2023.
• The type of claim. Small claims rules cover a demand for money or property valued at $8,000 or less. Evictions and land-title disputes follow separate procedures; the rules also apply when a qualifying money or property claim is coupled with equitable relief (Rule 7.010(b)).

You cannot split a larger claim into two smaller ones to fit the $8,000 cap. Florida courts treat claim-splitting as a waiver of the excess amount or grounds for dismissal.

Send a Demand Letter First

A demand letter is not legally required for most Florida small claims cases, but sending one does two things: it gives the other side a chance to pay without court involvement, and it becomes evidence that you tried to resolve the dispute.

Send it by certified mail with return receipt requested. Include the exact amount owed, a summary of the facts, copies of any contracts or invoices, and a deadline for payment — 10 to 14 business days is typical.

Two situations involving statutory pre-suit notices are security-deposit claims under Fla. Stat. § 83.49 and construction-defect claims under Chapter 558. A landlord intending to claim part of a security deposit must send the tenant written notice within 30 days after the rental agreement ends, by certified mail or by email if both parties signed an addendum agreeing voluntarily to electronic delivery and provided valid email addresses under § 83.505. Either party may revoke the agreement or update its address. Missing the deadline forfeits the right to deduct from the deposit, although the landlord may sue for damages after returning it. A construction-defect claimant generally must serve written notice at least 60 days before filing; an association representing more than 20 parcels must give 120 days' notice.

Identify the Defendant and Choose the Right County

If you're suing a business, look up its legal name on Sunbiz (search.sunbiz.org), the Florida Division of Corporations database. You need the entity's exact legal name — not just its trade name or DBA — and its registered agent's name and address for service. Suing only a fictitious business name is a procedural defect that can get your case dismissed.

Venue rules under Florida Small Claims Rule 7.060 let you file in the county where:

1. The defendant lives
2. The cause of action happened (where the contract was broken or the damage occurred)
3. The property involved is located
4. A written agreement specifies venue

Filing in the wrong county can result in the case being transferred or dismissed, and you won't get the filing fee back.

Fill Out the Statement of Claim and File

The Statement of Claim is the form that starts your case. Use the general small-claims Statement of Claim provided by your county clerk, or a statewide form that matches your claim:

• Form 7.332 — work done and materials furnished (contractor/invoice disputes)
• Form 7.330 — auto negligence (vehicle collision damage)
• Form 7.333 — money lent
• Form 7.334 — promissory note

Form 7.322 is the summons/notice to appear for pretrial conference, not a Statement of Claim. Attach a copy or material part of any written document your claim is based on, as Rule 7.050(a) requires.

You can file in person at the Clerk of the Circuit Court in your county, or electronically through the Florida Courts E-Filing Portal at myflcourtaccess.com. The portal accepts credit card or e-check payments, but adds a processing fee (3.5% for credit, $5 flat for e-check).

Filing fees are tiered by claim amount: $55 for claims under $100, $80 for claims from $100 to $500, $175 for claims from $500.01 to $2,500, and $300 for claims from $2,500.01 to $8,000. On top of that, expect about $10 per summons and $40 or more for service.

Serve the Defendant

Filing alone doesn't notify the defendant. You need formal service of process under Chapter 48 of the Florida Statutes. You cannot serve the papers yourself.

Three options:

• County sheriff — $40 per defendant, reliable but can take a few weeks
• Private process server — certified under Fla. Stat. § 48.021, typically $45–$85, often faster
• Clerk's certified mail — available for Florida residents; the return receipt may be signed by the defendant or someone authorized to receive mail at the defendant's residence or principal place of business

Under Rule 7.070, initial process and the initial pleading must be served within 120 days after filing. If you need more time, request it before that period expires; the rule provides an additional 120 days.

After service is complete, make sure the Return of Service gets filed with the clerk before your pretrial date. If the summons/notice is returned nonserved and the return is filed 5 days before the conference, Rule 7.090(b) requires the court to cancel the conference as to that party. Request a new summons/notice with a new initial-appearance date.

Attend the Pretrial Conference and Hearing

The clerk schedules a pretrial conference no more than 50 days after filing. This is not a trial; the court may refer the case to mediation. You don't need witnesses or physical evidence at this stage. If the case doesn't settle, the court must set it for trial within 60 days after the conference.

At the trial hearing, bring organized copies of everything: contracts, invoices, photos, text messages, bank statements, and any witnesses. Florida small claims hearings use relaxed evidence rules under Rule 7.140, but your evidence still needs to be clear and relevant.

If the defendant doesn't show up, you can ask the court for a default judgment by filing a motion under the Florida Small Claims Rules.

Under Rule 7.180, file a motion for new trial no later than 15 days after the verdict in a jury action or the filing of the judgment in a nonjury action. A notice of appeal under Florida Rule of Appellate Procedure 9.110 is due within 30 days of rendition; a timely, authorized new-trial motion postpones rendition until the court disposes of it.

Filing a small claims case in Florida is straightforward once you know the sequence: confirm the limit, send the demand, verify the defendant, file the claim, serve the papers, and show up prepared. Our Florida Small Claims Filing Guide walks through each step with the forms, fee worksheets, and deadline calendar you need to stay on track.

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