Sue Contractor Small Claims Court Florida

Before You File: The Demand Letter

Send a written demand before filing your claim. While Florida doesn't require a pre-suit demand for most contractor disputes, sending one by certified mail (return receipt requested) accomplishes two things: it gives the contractor a last chance to pay, and it becomes evidence of your good-faith effort if the case goes to trial.

Your demand should state the exact amount owed, reference the contract or agreement, include a response deadline (10 to 14 business days is standard), and attach copies of invoices or the written agreement.

There's one exception: a construction-defect claim under Fla. Stat. § 558.004 generally requires written notice of claim at least 60 days before filing suit; an action involving an association representing more than 20 parcels requires 120 days. A dispute about non-payment for completed work doesn't trigger this requirement — it's the defect claim that does.

Finding the Right Defendant on Sunbiz

If the contractor operates as a business entity (LLC, Inc., Corp.), you need to sue the legal entity, not the person or trade name. Go to Sunbiz (search.sunbiz.org) and search for the business.

Record the exact legal entity name, verify it's listed as "Active," and note the registered agent's name and physical address. The registered agent is who the process server will attempt to serve first.

If the contractor is a sole proprietor using a fictitious name (DBA), name the individual owner and add the trade name: "John Smith d/b/a Smith's Remodeling."

Which Form to Use

Florida has two Statement of Claim forms relevant to contractor disputes:

• Form 7.332 — specifically for claims involving work done and materials furnished. If you hired a contractor who abandoned the job or did substandard work, this is the form designed for your situation.
• Form 7.322 — the general statement of claim for monetary disputes. Use this for deposit recovery, overpayment claims, or any monetary claim that doesn't fit the work-and-materials template.

The right form depends on the nature of your claim, not the type of defendant. A deposit you paid for work that never started is a monetary claim (7.322). A claim for the cost to fix defective tile work is a labor and materials claim (7.332).

Filing Fees and Costs

Filing fees depend on how much you're claiming:

Add $10 per summons and service costs ($40 for the Sheriff, $45 to $85 for a private process server). If you win, the court can award these costs as part of the judgment.

Evidence the Judge Wants to See

Contractor disputes live and die on documentation. Organize your evidence into what the rules call two tiers:

Attached to your filing: The written contract, change orders, invoices, and any payment receipts. Under Rule 7.050(a), written agreements must be attached to the Statement of Claim.

Brought to trial: Photos of the work (or lack of it), text messages and emails with the contractor, competing repair estimates, bank statements showing payments made, and any inspection reports. These don't go in the court file — they're for the hearing.

If you don't have a written contract, you're not out of luck. Florida small claims covers oral contracts (4-year statute of limitations under Fla. Stat. § 95.11(3)(j)). But you'll need to clearly explain the agreed terms, what you paid, and what didn't happen.

For the complete contractor dispute filing process — from demand letter through service, the hearing, and judgment collection — our Florida Small Claims Filing Guide walks through every step with the forms and deadlines each county requires.

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