How does small claims court work in Florida?
1. Jurisdictional Limit
Florida small claims jurisdiction is capped at $8,000 exclusive of costs, interest, and attorney's fees, per Fla. Small Claims Rule 7.010(b) and Fla. Stat. § 34.01(1)(c)4.
2. Court Name
Small claims cases are heard in the Small Claims Division of the County Court.
3. Filing Fee
Filing fees scale with the claim: $55 (up to $100), $80 ($101-$500), $175 ($501-$2,500), $300 (over $2,500). Fee waivers are available via the Application for Determination of Civil Indigent Status under Fla. Stat. § 57.082.
4. Filing the Claim
File a Statement of Claim (Form 7.331) in the county where the defendant resides, where the cause of action accrued, or where the property in dispute is located (Fla. Stat. § 47.011). Service is by certified mail, sheriff, or private process server (Rule 7.070).
5. Defendant's Response
Florida requires a mandatory pretrial conference, typically scheduled 20-30 days after service. Defendants do not need to file a written answer before the pretrial but must appear; failure results in default (Rule 7.090).
6. Attorney Representation
Attorneys are permitted on both sides. Corporations and LLCs must be represented by an attorney unless the corporate officer is a party in their own right.
7. Hearing
At the pretrial conference, the judge addresses settlement, mediation referral (often mandatory under Rule 7.090), and scheduling. Trials are informal but the Florida Evidence Code applies more strictly than in some states.
8. Judgment & Collection
Appeals go to the Circuit Court within 30 days (Fla. R. App. P. 9.030(c)). Collection tools include writ of execution (Fla. Stat. § 56.021), wage garnishment under Ch. 77 (subject to head-of-family exemption), and recording the judgment to create a lien on real property.
9. Statute of Limitations
Standard SOLs apply: 5 years for written contracts (Fla. Stat. § 95.11(2)(b)), 4 years for oral contracts and negligence (§ 95.11(3)), and 2 years for wage claims (§ 95.11(4)(c)).
This is legal information, not legal advice.
- Your claim exceeds $8,000 and must be filed in County Court (up to $50,000) or Circuit Court
- The defendant has demanded a jury trial under Rule 7.150, converting the case to standard county court rules
- You need to enforce a judgment against a defendant who claims head-of-family wage garnishment exemption
- Fla. Small Claims Rules 7.010-7.355
- Fla. Stat. § 34.01
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.